Richard Kenneth Petroski appeared in court twice Monday as his hearing was called in the morning but trailed due to a technical glitch.
Defense attorney Mark Ralphs told Judge Douglas C. Phimister that there was a “discovery issue.” He noted that a preliminary hearing set for Wednesday required the discovery that was missing.
Phimister trailed the matter until the afternoon court calendar.
When the hearing reconvened, Ralphs said that the issue was that a package of material that prosecutor James Clinchard sent electronically was never received. The Wednesday prelim was vacated for a new date of Nov. 21 at 8 a.m., with an expected running time of about three hours. Ralphs believed the hearing would take half of that.
Petroski is accused of killing his stepfather, John Gale Malia, 69, on Dec. 4, 2011. Petroski allegedly shot Malia with a .22 caliber firearm. Afterword, Petroski shot himself in the head in a suicide attempt. Malia died later that day at Marshall Hospital. As Pestroski had failed to kill himself, he turned himself in when deputies arrived.