An Alabama judge ruled on Friday that the case against the female suspect in October’s abduction and murder of Kamille McKinney can proceed to a grand jury.

Birmingham police detective Jonathan Ross testified on Friday that Derick Brown, 29, said in a police interview that she witnessed her boyfriend, Patrick Stallworth, 39, sexually assault the kidnapped toddler. Brown’s lawyers claimed that Stallworth’s DNA was recovered from under McKinney’s fingernails but hers was not, according to WIAT.

Charged with capital murder and kidnapping, Stallworth and Brown are accused of abducting McKinney from a birthday party at the Tom Brown Village public housing community on October 12. The couple has blamed one another for the crime.

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The police detective also testified that Brown admitted to being at the housing community but claimed she only learned of the toddler’s presence in their Toyota Sequoia when they stopped at a Jet Pep while en route home, according to AL.com.

Stallworth and Brown were taken into custody at the Woodside Condominiums in Center Point a day after McKinney’s disappearance. The Toyota Sequoia that was sought in the investigation was reportedly located at the residence.

McKinney’s body was reportedly discarded in a dumpster at the condos where the pair lived. Authorities said her body was discovered at the Santek Waste Services Landfill in Gardendale on October 22.

An autopsy determined that McKinney died shortly after her abduction from asphyxiation by suffocation. The report stated that the toddler had toxic levels of methamphetamine and Trazodone, an anti-depressant, in her body. Stallworth reportedly had a prescription for Trazodone but claimed Brown was stealing his pills and taking them with meth.

According to court testimony, Stallworth and Brown only admitted to knowing McKinney after her body was found. Stallworth allegedly accused Brown of smothering McKinney after solely kidnapping her. His attorneys have claimed he was asleep for most of the time McKinney was in their apartment.

Stallworth reportedly said he walked into his apartment and found Brown sitting on the couch with McKinney. Brown declared that she wanted to “keep” the toddler and asked Stallworth to do something sexual to the girl — something he said he refused to do.

Despite Brown’s reported claims about her ex-boyfriend sexually assaulting McKinney, the state of the slain toddler’s body made it impossible for officials to ascertain whether she suffered any sexual trauma. Investigators seized a plastic covering for a mattress which was located in the couple’s living room. It reportedly had DNA belonging to Stallworth, Brown, and McKinney.

The judge ruled on Tuesday that there was sufficient evidence for Stallworth’s capital murder and kidnapping case to go to a grand jury. The grand jury will decide whether Stallworth and Brown will be indicted.

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[Featured image: Kamille McKinney/Facebook]