BENSON -- A hearing at which the prosecution is expected to outline its case for first and second degree murder charges in a Sept. 2004 shooting in Appleton is being delayed for a second time.
The omnibus hearing for Andrew Gordon Lemcke, 34, of Appleton, was to have been held Thursday of this week in Benson.
District Judge Jon Stafsholt agreed to a request by defense attorney Andrew Northrup for a continuance. He asked for more time to review materials in the case. The attorney said he only recently received all of the documents he had requested from the prosecution, including many pages of transcripts from a grand jury proceeding.
Lemcke faces charges of first and second degree murder for the fatal shooting of his wife Nichole Riley-Lemcke, in their Appleton home.
A Swift County grand jury had been convened in April 2005 to consider the case and returned no bill of indictment. A second grand jury was convened in Nov. 2008 and it issued the indictments.
The prosecution has indicated that new evidence was brought before the second grand jury, but it has not publicly stated what that evidence is. Grand jury proceedings are held in secret.