Child murder suspects released amid evidence tracking issues

Murder suspects released, trial in recess due to evidence tracking issues

A couple was released from jail nearly a decade following the death of a former Phoenix police detective's 7-year-old daughter due to evidence tracking issues. FOX 10's Nicole Krasean hears from an attorney who says it's possible the case could be thrown out entirely. 

GOODYEAR, Ariz. - The future of a West Valley child murder trial is in question due to evidence tracking issues. This comes as the couple being charged is released from custody.

What we know:

Germayne and Lisa Cunningham were released on pretrial monitoring. One local attorney says the decision by a judge sends a message about the case itself.

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Former Phoenix detective, wife released amid pause in child murder trial over evidence issues

A Maricopa County judge released former Phoenix detective Germayne Cunningham and his wife, Lisa, to pretrial monitoring after a pause in their high-profile child murder trial.

Speaking for the first time to the media after being released from a Maricopa County jail after nearly a decade in custody, Lisa and her husband Germayne, a former Phoenix police detective, were released by a Maricopa County Superior Court judge during a recess in their trial. 

"I'm just grateful, I'm grateful," she said.

This follows evidence tracking issues within the Goodyear Police Department that recently came to light.

"I hope it means the dismissal was prejudice, because that's what it needs to be," Lisa said. "We're devastated and heartbroken, and just grateful to be free."

The backstory:

The pair are facing murder charges after the death of Germayne's daughter, Sanaa, in 2017. Sanaa, who was just 7 years old at the time, was rushed to Phoenix Children's where she died. An autopsy revealed physical injuries that were consistent with abuse. 

According to medical records, sepsis and cardiac arrest led to the child's death. Her parents took her to five different doctors who diagnosed her with unspecified schizophrenia spectrum disorder, saying she self-harmed, had issues eating, and was prescribed a list of medications. 

Photos from three months before the death show her locked in a laundry room, naked with only a plastic lawn chair, and lying naked on a pile of trash. The Cunningham's also taped gloves to her hands and forced her to wear goggles. 

What they're saying:

Local attorney Ben Taylor says the judge's call for a recess is telling.

"The message that it sends is that the judge thinks this is a very serious issue," Taylor said. "The judge is not going to release someone in the middle of a trial. The judge doing this shows you that the judge might believe what the defendants are saying, that there are some serious issues here, and we're gonna let them be out on release while we find out what the issues are gonna be."

He says the possibility for a mistrial, or for the case to be thrown out entirely, cannot be ruled out.

"And because a jury has already been seated, it'll be double jeopardy and so sometimes it's hard to retry a case," Taylor said. "If it's not a mistrial, the judge might throw out the whole case."

Why you should care:

Meanwhile, the fact that evidence issues are being discussed within the Goodyear Police Department could lead to questions over other past cases.

"Both civil and criminal cases, people are gonna be coming up and saying wait, my case was handled by the Goodyear Police Department, and they're gonna have concerns," Taylor said. "And they bring up new cases and new evidence to try to get their case thrown out in a criminal matter or get their case proceeded in a civil matter."

What's next:

The judge said in a hearing on March 23 that the earliest the jury will return is April 6. 

FOX 10 reached out to Goodyear Police for comment on the developments in this case and has yet to hear back.