LAKEPORT — The preliminary hearing for a Clearlake Oaks man accused of killing his brother nearly two years ago was continued yet another time Wednesday morning because of a defense counsel conflict.
Alberto Alejandro Montes, 26, was arrested in mid-October 2009 and charged with murder for allegedly shooting to death his brother, Rafael Montes.
The original preliminary hearing date for Alberto Montes was scheduled for June 2010, but a variety of issues, including attorney and witness availability, led to a series of continuances during the past year.
Though murder cases can be complex, preliminary hearings do not typically take nearly two years to be heard, according to deputy district attorney Sharon Lerman-Hubert. “I would say with this type of case we would hope to put the prelim on in three to six months (after arraignment),” she said.
The hearing had been set to begin Wednesday at the Lake County Courthouse, but defense counsel R. Justin Petersen had an availability conflict because of a separate case scheduled to reconvene later Wednesday morning in a Ukiah court.
Judge Robert Crone continued the Alberto Montes preliminary hearing to July 7 in a courtroom to be determined during a scheduling hearing Friday.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
