The sentencing hearing for convicted murderer Rodney Cunningham has been delayed again, this time until after a trial against a co-defendant in which Cunningham has been cleared to testify.

Circuit Judge Gene Hamilton yesterday set Cunningham’s new sentencing for Nov. 13, a week after a retrial of Travis Midgyett is scheduled to begin in connection with the beating death of Carlos Kelly. Midgyett’s first trial ended in March when a Clay County jury deadlocked after more than eight hours of deliberations.

Since then, Cunningham was convicted in May of second-degree murder and first-degree attempted robbery and has implicated Midgyett in the slaying, according to court documents. Midgyett, 28, faces the same charges.

Kelly was found dead in March 2006 inside a Cynthia Drive apartment after what prosecutors described as a robbery attempt to steal illegal drugs and money from him.

Prosecutors endorsed Cunningham as a witness for the trial last month and have declined to say whether Cunningham would receive a lesser sentence if he testifies against Midgyett.

Midgyett’s trial is scheduled to start Nov. 6 with jury selection in Clay County and proceedings in Boone County.

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