A Jefferson County judge has denied Patrick Stallworth’s request to declare the death penalty unconstitutional.

Stallworth, 43, and Derick Irisha Brown, 33, are charged with capital murder in the 2019 deadly abduction of 3-year-old Kamille “Cupcake” McKinney.

Both were found guilty in federal court of kidnapping that resulted in death and conspiracy to kidnap a minor victim.

Now, they face a possible death sentence if they are convicted in state court.

Stallworth’s trial is set for March 11, 2024. Brown’s trial is set for April 8, 2024.

Stallworth’s attorney, Derrick Collins, last month filed a motion asking Jefferson County Circuit Judge Alaric May to declare the death penalty unconstitutional, citing “cruel and unusual punishment.”

May this week denied Stallworth’s request.

Both Stallworth and Brown have entered pleas of not guilty, and Brown additionally entered her plea of not guilty by reason of mental disease or defect.

Brown was transferred earlier this year to a mental facility for evaluation.

Read full coverage of the case here

Prosecutors contended that Stallworth and Brown planned all day to kidnap a child and did so on Oct. 12, 2019, at Birmingham’s Tom Brown Village public housing community.

The motive, they have previously said, could have been for Stallworth’s sexual gratification or because Brown had lost custody of her six children and wanted another child.

Stallworth and Brown were in a relationship at the time of the abduction.

Testimony and evidence in both trials showed the couple’s movements all day that Saturday, which included a stop at a Shell service station near Tom Brown Village where Stallworth was seen on video buying $18.91 in candy.

Then, a short time later, a 12-year-old girl said Stallworth stopped her as she was leaving cheerleading practice at Hayes K-8 and asked her if she wanted some candy. She ran away.

Later, Stallworth and Brown were seen sitting in their Toyota Sequoia on a street and, when confronted by a resident, Brown asked where were all the children that used to play on the circle. That woman testified that Brown seemed overly interested in children.

Video from Tom Brown Village that night showed Stallworth talking to two little girls – Cupcake and her best friend/cousin Ava, also 3, before they walked off screen with him.

Ava, according to testimony, would later say when asked where Cupcake went, “Cupcake got in the car with that man. He took her to get candy at the store. I not want no candy.”

Since their 2019 arrests, Stallworth and Brown have blamed each other for the abduction and death of Cupcake.

Stallworth claimed Brown had taken the girl, saying she wanted to keep her, and he also said the Brown wanted him to sexually touch the girl. He told detectives that Brown “put Cupcake to sleep” by putting her hands over her nose and mouth.

Medical experts have previously testified that Cupcake died by asphyxia. She had methamphetamine, Trazodone and Benadryl in her system.

Dr. Daniel Dye, of the Jefferson County Coroner/Medical Examiner’s Office said the meth and Trazodone contributed to the baby’s death.