FARMINGTON -- Stephanie Sloop's attorney wants to wait before she and her client move forward, to make sure Nathanael Sloop is not going to ask for a preliminary hearing.
Nathanael Sloop's preliminary hearing "went away with a conditional waiver, and it remains to be seen if it will be gone permanently or if it will come back," said Mary C. Corporon, Stephanie Sloop's attorney.
Stephanie Sloop and Corporon appeared before Judge Glen C. Dawson in 2nd District Court on Tuesday. Dawson set another roll call hearing for Oct. 12.
Stephanie Sloop, 29, and her husband, Nathanael Sloop, 33, both of Layton, are each charged with aggravated murder, second-degree felony child abuse, second-degree felony obstruction of justice and third-degree felony abuse or desecration of a body.
Both are being held in Davis County Jail on no bail. The charges stem from the death of Ethan Stacy, Stephanie Sloop's 4-year-old son, in 2010.
Both could face the death penalty if convicted.
Nathanael Sloop appeared in court in July, waived his right to a preliminary hearing and entered not guilty pleas to the charges. Another hearing is set for Nathanael Sloop on Oct. 9.
Corporon said Tuesday in court that she requested documents concerning the case, but those documents were given to her blank, with only words describing the documents as "privileged."
"That issue must be resolved," Corporon said.
Davis County Attorney Troy Rawlings said he understands Corporon's strategy and believes, under the circumstances, it is the right thing to do.
Both attorneys said the delay is not due to any lack of preparation.
Rawlings said after the hearing that he expects both cases to be resolved next year, if evidentiary and legal issues are resolved.
Because of constitutional issues and bar rules, Rawlings said he could not discuss the specifics of those issues.