Last updated: August 06. 2013 12:21AM - 2777 Views
By Sheena Delazio

Cody Lee is brought to Penn Place by county sheriffs on Monday morning. 
Cody Lee is brought to Penn Place by county sheriffs on Monday morning. (AIMEE DILGER /THE TIMES LEADER)
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WILKES-BARRE – Attorneys in the homicide case of 19-year-old Cody Lee have said there were plea negotiations in the works.
But, after meetings with prosecutors and a two-hour meeting with a county senior judge on Monday, that may no longer be a possibility.
Senior Judge Joseph Augello said in open court after a meeting with Lee's attorneys, Charles Rado and Peter Paul Olszewski Jr., and First Assistant District Attorney Samuel Sanguedolce and Assistant District Attorney Mamie Phillips, that no agreements or stipulations were made and no rulings were made.
Augello was asked to help out with the case regarding plea negotiations so that the judge presiding over the trial, Joseph Sklarosky Jr., had no knowledge of any conversations.
Augello said the scheduled Sept. 16 trial date is still in effect.
With the date approaching, Lee is scheduled to appear before Sklarosky on Thursday for pre-trial hearing at which the judge will likely make rulings on some of the attorneys' requests in the case.
Lee, of Lake Township, was charged in December 2009 with shooting and killing his 80-year-old great-grandfather, Herbert Lee.
Lee had originally been charged in 2009, and his attorneys tried to have his case heard in juvenile court because Lee was 16 at the time of the shooting. A county judge denied that request, and Lee's case was sent to a district judge for a preliminary hearing, a court proceeding that had been put on hold until the outcome of the juvenile request.
District Judge James Tupper said prosecutors did not establish enough evidence against Lee to bring a charge of homicide, but then Lee was rearrested seconds later. A second hearing was held before District Judge Paul Roberts, who moved the case to county court.
Lee's attorneys have previously filed court papers asking a judge to throw out certain evidence in the case as well as statements their client made to a psychiatrist.
The attorneys seek to have evidence thrown out, including a notebook and backpack allegedly owned by Lee. Investigators allege Lee used the notebook to write down a plan he wanted to carry out to kill his father, Scott Lee, and his great-grandfather.
After school on Dec. 9, 2009, police said, Lee shot Herbert Lee inside their Meeker Outlet Road home. Lee's father, Scott Lee, wrestled his son for the gun before Cody Lee fled into a wooded area.
Police said Lee spent several hours walking around in the woods wearing only jeans, a T-shirt and socks before he was captured by state police at a nearby house.
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