Ex-Phoenix Officer, wife request jail release in daughter's murder case
PHOENIX - It's been eight years since a former Phoenix Police officer and his wife were accused of abusing and murdering their seven-year-old daughter.
They're now asking a judge to be let out of jail before their trial begins after prosecutors said last month that they were no longer seeking the death penalty.
The backstory:
The December 2017 indictment alleges 10 counts of child abuse and the first-degree murder of Sanaa Cunningham.
So why are the father and stepmother asking for new release conditions?
The child's father, Germayne Cunningham, and stepmother, Lisa Cunningham, were originally released without bond and wore ankle monitors when the case was first filed.
Germayne Cunningham and Lisa Cunningham
The state later upgraded the case to capital murder, which led both Lisa and Germayne to possibly face the death penalty.
They were sent back to jail, and have been there for the last several years awaiting trial.
The indictment claims there were 10 months of child abuse before the child's death, with allegations the child was zip-tied inside a pack-and-play the day before she was taken to the hospital, where she later died.
What they're saying:
Now that the death penalty is off the table, the defense of both parties filed a motion to modify their release conditions.
Defense attorneys ask for suspects' releases
"I don't understand why we're in a different position, unless the state is alleging something new," Eric Kessler, Lisa's attorney, said while in court.
"We're not asking you to rubber stamp what was going on before. We simply ask that you return Mr. Cunningham to the terms that he enjoyed in 2018, when the case was non-capital, which it is again," Taylor Fox, Germayne's lawyer, said during a court appearance.
"I still get to make my own independent determination," said Judge Patricia Starr.
The other side:
In court on Friday, March 7, Sanaa's biological mother, Silvia Norwood, took the stand for the first time against the release of Germayne and Lisa.
"As a mother, my heart will forever be shattered that my beautiful daughter was taken from me by her father and stepmother, who treated her so cruely. Germayne and Lisa should not be released under any circumstances," she said.
She continues, "I’m asking that these two people stay locked up and serve the time they deserve, because when my daughter wanted to be out and wanted to be free, they never gave her the opportunity."
Although Norwood didn’t have custody of Sanaa, the Arizona Department of Child Safety (DCS) was allegedly called multiple times on Germayne, with an active case pending when she died.
What's next:
The judge is expected to make a decision by Monday morning.
The state is concerned if the two are released, they will flee the country and not appear for trial.
"The state is not backing down from this. We are headed toward this trial. They have all the incentive in the world to not come back," prosecutor Joshua Clark said.
Lisa is from Australia and still has ties there.
The trial is scheduled to begin in about four months.
An expert's perspective:
Phoenix criminal defense attorney, Jason Lamm, weighed in on this case.
"It’s a pretty big ask for a defense attorney to say, ‘Hey, my client is charged with murder. Release them on their own recognizance,’" he said.
He doesn't think it's likely they'll be released without a bond.
"While they're trying to do their best for their clients, the court will more than likely want the defendants to have some skin in the game," Lamm explained.