Gary D. Lee, charged in the Jan. 16 murder of a Carbondale woman, awaits a preliminary hearing after a continuance was granted Wednesday.

The body of Ellen Drake was found in her Carbondale home by a concerned relative. Police determined that Drake’s death was a possible homicide based on the severity of the wounds inflicted on the body.

Lee, 30, of Carbondale is being represented by public defenders Patricia Gross and David Rumley who moved for a continuance because they had not received any of the police reports until Tuesday morning.

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Gross said they were not allowed enough time to review the reports thoroughly and proceed with a preliminary hearing. She said what she did see of the reports seemed incomplete.

Gross requested the continuance be attributed to the state which would mean that if Lee did not have a preliminary hearing by Sunday he would be let out of jail.

When someone is in custody they have the right to a preliminary hearing within 30 days of arrest or they must be released.

Jackson County State’s Attorney Mike Wepsiec was not opposed to having the hearing continued, but he said that the continuance should be attributed to Lee.

Wepsiec said he had no obligation to give the reports the Gross because discovery rules do not apply until after the preliminary hearing.

Jackson County Circuit Court Judge Thomas H. Jones attributed the continuance to Lee, so any time that passes while waiting for the hearing is added to the 30 days.

The preliminary hearing was set for 9:30 a.m. Monday.

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