HUNTSVILLE, Ala. (WHNT) — A hearing set for Tuesday afternoon in the case of David McCoy, a former Huntsville Police Officer charged with capital murder Jan. 7, has been canceled. The hearing requested by McCoy’s defense was to take up issues on preserving evidence and allowing the defendant to be at all court proceedings.

But a defense motion Tuesday morning said those issues have been resolved. McCoy’s first attorney, Richard Jensen, had also asked that the body of the victim, Courtney Spraggins, who was pregnant, be preserved for an independent autopsy after the state’s exam.

McCoy’s new attorney Brian Clark said that issue has been resolved and DNA and autopsy evidence will be preserved as a result of the state’s exam.

All of the motions filed by Jensen before his withdrawal from the case have either been withdrawn by Clark or resolved.

McCoy has a preliminary hearing set for Jan. 28.