FLORENCE, Ala. (WHNT) – A high profile capital murder trial in the Shoals is quickly approaching in early December.
But after waiting months for DNA testing results to return, the trial may be delayed yet again.
In a meeting with defense attorney’s and Circuit Judge Gil Self, prosecutors relayed some dreaded news Tuesday morning.
According to prosecutors, the state forensics lab has yet to return final DNA results in the April 2011 murder of David Lynn Pennington, 50.
“They have gone out of their way to give us what we needed as far as the DNA is concerned,” stated Lauderdale County Assistant District Attorney Will Powell. “But that process of testing, retesting and retesting took an enormous amount of time.”
Tiffany Marie Nunley, 23, is charged with Pennington’s murder.
Prosecutors admit a lot of time has passed since Nunley and two others were indicted for the death.
Powell said he wants to provide justice to the family of David Pennington, but he doesn’t want to rush it either.
“She is charged with capital murder. So, the margin of error is zero.”
Powell said he is still optimistic the trial will proceed on December 9th, as long as the state gets the results to everyone in the next few days.
According to prosecutors, they will seek the death penalty if Tiffany Nunley is found guilty of capital murder.
Her sister Jessica Nunley and John Junior Minton are both set on a February 2014 trial docket for capital murder.