Monday's preliminary hearing was postponed but a new development was revealed by the attorneys for the 17-year-old defendant, Omar Golamrabbi, that he will be tried as an adult.
Meanwhile, the attorneys for one of the defendants made it clear that they don't want this to be a family trial.
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Omar Golamrabbi and his 22-year-old brother, Hasib, are charged with murdering their parents.
The case has moved quickly through the courts. Monday's preliminary hearing comes just 15 days after the bodies were discovered.
Omar's attorneys and prosecutors told the judge they were ready to proceed, but Hasib's attorney said no. He wants to delay the preliminary hearing and will submit why in a sealed request to the court.
Attorneys for his younger brother, Omar say they don't want to wait and will ask the judge for a separate trial.
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Hasib Golamrabbi sat quietly in court while defense attorneys, the prosecution and the judge discussed who was ready to proceed with today's preliminary hearing.
Omar was kept away from cameras.
In a jail house interview, Hasib told the San Francisco Chronicle that his younger brother was not involved in the murders, saying Omar is innocent.
Friends and family of the Rabbi family showed up to today's hearing, saying they feel conflicted.
"It's hard to know with the family. You don't really know who to support. We have a strong connection with both sides. It's very hard," said one of the relatives, who did not want to give her name.
A preliminary hearing date could be scheduled this Wednesday unless the judge delays it.
That could set in motion the defense's attempts for a separate trial.
Attorneys for younger brother of two charged with murdering San Jose parents tell me they want separate trial. pic.twitter.com/JmbpAY5W4W— Matt Keller (@MattKellerABC7) May 9, 2016