WILKES-BARRE – More than three years since Cody Lee allegedly killed his great-grandfather, prosecutors will present their case before a district judge on Friday for a preliminary hearing.
The case has been delayed for several years as Lee's attorneys, Peter Paul Olszewski Jr., Melissa Scartelli and Charles Rado, filed appeals.
State police at Wyoming allege Lee, then 16, plotted a plan to kill his great-grandfather, Herbert Lee Sr., 80, and his father, Scott Lee.
Lee, now 18, allegedly showed a written outline to another student at Lake-Lehman Junior/Senior High School, where he was then a junior, detailing his plans to execute Lee Sr. and his father.
A few hours after classes ended on Dec. 9, 2009, Lee completed half of his murderous plot by shooting Lee Sr. in the head inside their home at 443 Meeker Outlet Road in Lake Township, according to the criminal complaint.
Lee's father allegedly wrestled a rifle away from his son and saved his own life. Cody Lee fled the house and hid in the woods for several hours wearing limited clothing before he was captured when his father picked him up in a car.
Lee's attorneys were successful in prohibiting prosecutors from using statements he allegedly made to state police investigators. His attorneys argued Lee was suffering from hypothermia and was unable to discern whether talking to investigators was the right or wrong thing to do.
The weather recorded at the Wilkes-Barre/Scranton International Airport by the National Weather Service in Binghamton, N.Y., indicates the low temperature Dec. 9 into Dec. 10 was 30 degrees with snow.
Lee's attorneys failed to get the case transferred to Luzerne County Juvenile Court, allowing prosecutors to charge Lee in adult court with an open count of criminal homicide.