GOODYEAR, AZ — Top Maricopa County prosecutors are objecting to testifying after a child murder case was declared a mistrial.
Lisa and Germayne Cunningham are accused of murdering their 7-year-old daughter nearly a decade ago. The couple was in the middle of the trial when a judge first stopped the case.
The ABC15 Investigators broke the story that Goodyear Police could not prove the "chain of custody" for years.
Since, the Cunninghams have been released from custody. Just last week, a judge declared a mistrial in their case.
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The parties are now preparing for a major evidentiary hearing to decide if the case will be dismissed for good. Tuesday, the couple's defense teams asked Judge Patricia Starr to demand that prosecutors and police turn over more emails, messages, and documents.
Prosecutors, in court, objected to Judge Starr reviewing their internal emails to see if there was information that should be turned over to the defense teams.
As of now, a new trial date has been set for the fall.
The evidentiary hearing is scheduled for next month and is expected to last three to four days.
