The Luzerne County District Attorneyâ??s office today filed a motion seeking to have the second preliminary hearing for homicide suspect Cody Lee transferred to district magistrate judge other than James Tupper.

The motion claims the change of venue is appropriate because Tupper, of Trucksville, erred when he ruled prosecutors had not presented sufficient evidence to bind Lee over to court for trial on charges he fatally shot his great-grandfather, Herbert Lee, on Dec. 9, 2009.

Tupper on Friday dismissed the homicide charge following a several hour hearing. Police then immediately re-arrested Lee on the same charge.

In the motion, prosecutors said they were not obligated to produce all evidence they have, and that the evidence they did present was more than sufficient at this stage of the criminal proceeding.

The evidence presented included a notebook found in Leeâ??s bedroom, which had his name on it, that outlined his plan to kill his great-grandfather, as well as testimony of three of Leeâ??s friends, who said he admitted he had shot Herbert Lee.

A county judge will now review the motion and issue a ruling at a later date.