Preliminary hearing waived; gag order requested; grand jury convenes May 5
Courtney Lockhart, the man in custody for the murder of freshman Lauren Burk, waived his right to a preliminary hearing Wednesday; the grand jury will hear his case when it convenes early next month.
The preliminary hearing was scheduled for yesterday at 9 a.m. before the right was waived.
The probable cause hearing would determine whether or not there is probable cause to hold someone over for trial.
Probable cause is the reasonable belief someone has committed a crime.
Lockhart, 23, from Smiths Station, has been charged with three counts of capital murder, including capital murder in kidnapping, capital murder in attempted robbery and capital murder in attempted rape.
During the initial hearing March 10, Judge Jacob Walker read affidavits in which Lockhart confessed to the murder of Lauren Burk, an 18-year-old freshman at Auburn University.
Lockhart made the confession after waiving both his written and Miranda rights.
Lockhart’s lead defense attorney Joel Collins filed a motion for a gag order with District Court Judge Russel Bush last week.
Collins said he requested the gag order to keep people from talking to the press.
“I want to keep the press from fueling it and giving (the case) publicity.”
He said the order would help ensure a fair trial for his client.
Lee County District Attorney Nick Abbett could not be reached for comment at press time.
Bush had not made a decision concerning the gag order as of Wednesday afternoon.
The grand jury convenes in Lee County Monday, May 5.
Lockhart remains in jail, where he has been since the hearing in March. There is no bond for capital murder cases in Alabama.
