The vascular surgeon accused of killing his ex-wife and her new husband in a case that has grabbed national headlines has a court date set – but he won’t actually be in court.
Michael McKee, 39, has a Feb. 23 date identified as a “trial” in Franklin County Common Pleas Court. McKee is charged with aggravated murder and aggravated burglary in connection with the Dec. 30 shooting deaths of Monique Tepe, 39, and Spencer Tepe, 37.
The day McKee was arraigned, a sea of cameras and reporters from local and national media outlets alike filled a Franklin County courtroom, reflecting the bright spotlight that has been turned on the killing of a Columbus couple in their home over the holiday season.
As such, the docket entry may catch the eyes of the many true crime aficionados who have been paying careful attention to this case.
But the case against McKee will not be going to trial that day and McKee probably won’t appear before Franklin County Common Pleas Court Judge Kim Brown, who is presiding over the case.
What’s next for the Michael McKee prosecution?
For a trial to take place, attorneys have to exchange, review and analyze evidence in a process called discovery. The rules for discovery, including what has to be provided by each side to the other, are set by Ohio’s Rules of Criminal Procedure.
Discovery can take months to assemble as information from search warrants and subpoenas is returned to detectives and then analyzed. It is not unusual, particularly in a homicide prosecution, to see multiple discovery exchanges over the length of the case.
After prosecutors provide the evidence to defense attorneys, they have to review it, have experts look at it and prepare reports if necessary, file any motions they feel are needed and prepare for a possible trial.
The whole process can take several years, depending on the complexity of the case and the schedules of those involved.
Many judges, like Brown, have regular meetings with the attorneys to check on the status of the case.
These meetings, which occur in the judge’s office, are usually identified in the court’s docketing system as a trial date.
What will happen at McKee’s next court date?
So what does all this mean for Michael McKee?
The short answer is he’s not going to trial yet. What will happen is that on Feb. 23, McKee will be brought from the Franklin County jail to Common Pleas Court. He will be kept in a holding cell with other inmates scheduled for court that day and have the ability to meet privately with his attorney.
The attorneys will meet with Brown in her chambers to discuss the status of discovery and timelines in the case moving forward so everyone is on the same page.
Nothing will be done in open court. McKee will not appear in person before the judge unless there is a significant issue that needs to be addressed.
At this stage in the case, before discovery is exchanged, that is unlikely. Diane Menashe, his attorney, could also waive McKee’s physical appearance in the courtroom. Menashe already waived his right to have a bond set in his case. She has the ability to revisit that issue but prosecutors would be able to request a hearing to determine if McKee should be held without bond.
Even if the attorneys were ready for a trial, the oldest case set for trial is given precedence and then the docket moves in order from oldest to newest. McKee’s case was filed in January, making it one of the newest cases on Brown’s docket.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: New court date set for Michael McKee in Tepe murder case
Reporting by Bethany Bruner, Columbus Dispatch / The Columbus Dispatch
USA TODAY Network via Reuters Connect
