According to the Lee County Court, the suspect in the murder of Barry Schmalbach refused to appear in court on Monday for his case management.
Christopher Davis' attorney waived his presence to the 120-day speedy trial and requested to file a motion of continuance.
His attorney also asked for more time to prepare for trial since there are 2,000 pages of discovery and he has only been able to go through about one-fourth of them.
The state said it is not objecting to the request from Davis' attorney and it is asking for a court date sooner rather than later.
After hearing from Davis' attorney and the state, the judge granted the motion for continuance for Oct. 10 but he went back on that after asking Davis' attorney if Davis himself had agreed to the terms.
Davis' attorney said, "Yeah, I talked with him last week."
The judge responded, saying he was rolling the case over to Tuesday morning at 9 a.m. since Davis himself wasn't there to agree with his attorney in person.
The judge requested that Davis be physically in court on Tuesday.
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Previous coverage:
Documents detail what may have led to disappearance of Cape Coral man Barry Schmalbach
Trial date set in murder case of Cape Coral man Barry Schmalbach
Ex-boyfriend accused of Barry Schmalbach's murder to be held without bond
Boyfriend charged with second-degree murder in the disappearance of Barry Schmalbach
Boyfriend accused of killing Barry Schmalbach back in Lee County
Missing Cape Coral man’s boyfriend extradited to South Carolina