Could case against two Sheboygan teens be delayed?

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by Vanessa Murphy

SHEBOYGAN --- A preliminary hearing is scheduled for Tuesday afternoon for two teens accused of killing one of the boys' great grandmothers. Defense attorneys for the two boys hope the hearing will be delayed, while the District Attorney does not.

Antonio Barbeau and Nathan Paape, 13, are charged as adults with homicide. They are accused of killing Barbeau's great grandmother, Barbara Olson, 78, on September 17th at her Sheboygan Falls home.

On Tuesday morning, the defense attorneys for the boys are expected to ask for discovery, which would delay the preliminary hearing.

"The discovery is basically a copy of everything that's in the state's file: police reports, written statements, photos, DNA, all that kind of stuff," said George Limbeck who is representing Barbeau. "The sooner you can get that, the better it is for you, because it just gives you that much more time, and opportunity to respond to it, to develop your theories of defense."

District Attorney Joe DeCecco said he hopes the preliminary hearing will he held Tuesday afternoon.

"We're ready to do the prelim, and hopefully the judge will agree with us that the hearing can be reset for a different date, give the both juveniles and their attorneys plenty of time to prepare for that," DeCecco told CBS 58.

Both teens are being held in jail on $1,000,000.

Another argument that is expected to unfold in court is about whether the teens should be charged as adults. Limbeck wants the case moved to juvenile court.

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