Last week, Athay told KSL-TV that Hacking's defense is looking into the accused killer's mental health and the possibility of brain damage from a fall Hacking suffered in his early 20s, which injured his head and back.

Stott said that as for Monday's beefed-up security, he said he didn't know why there seemed to be more precautions than usual for a simple scheduling conference. "It's up to the judge and the sheriff's office."

Stott also said family members of both Mark and Lori Hacking can attend any court hearing, although he didn't know why they were not at Monday's. "They have their options. You may see them at future court hearings."

For his part, Athay said of the family's absence at Monday's hearing, "This is a proceeding where it's not essential for the family to be there. And it creates a bit of a distraction and I'm sure some heartache for them to go through it."

At the Sept. 23 preliminary hearing, the prosecution and defense will present evidence to the judge who will decide whether probable cause exists to show a crime has been committed and that Hacking is the person who did it. If so, Hacking will be "bound over" for trial. If not, the charges could be dismissed.

A defendant can choose to waive a preliminary hearing.

Hacking, 28, was formally charged with murder on Aug. 9 in connection with the July 19 disappearance and presumed death of Lori Hacking, 27. He also is charged with three counts of second-degree felony obstruction of justice.

In the charging documents, prosecutors allege Mark Hacking confessed to two of his brothers that he shot his wife in the head with a .22-caliber rifle while she was sleeping and disposed of her body and the gun in commercial Dumpsters. The couple earlier had been arguing about the fact that Lori Hacking had discovered her husband had deceived her about being accepted into medical school, as he had claimed, according to charging documents.

To date, her body and the gun have not been found, although police have continued to comb a local landfill with cadaver dogs.

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Contributing: KSL-TV; E-mail: lindat@desnews.com