The probable cause hearing is the first step in what may be a long process eventually leading to a guilty verdict or acquittal for accused murderer, Clayton Barnes. However, the hearing, set Tuesday by Judge Alexandra DiPentima for Aug. 27, will be a glimpse of the state's case of what happened in the early morning hours of June 25, when Richard G. Gaioni was shot to death while in bed with Barnes's wife.

Barnes was arrested three hours after the fatal shooting when authorities discovered him in the Paugnut State Forest, reportedly trying to take his own life. His wife, Linda Barnes, called police after Barnes entered Gaioni's home on Winsted Road, and allegedly shot Gaioni with a .22 caliber rifle, and fled the scene.

More than a dozen family members and friends turned out in support of Barnes, who appeared tired and drawn, standing beside his attorneys on Tuesday.

Barnes has the right to waive the probable cause hearing, but agreed to go forward with the hearing on Tuesday. Moraghan explained that his client is allowed to waive the hearing at any time up until the judge reaches a decision as to whether the state has provided the court with sufficient evidence.

The probable cause hearing, a "mini trial" of sorts, will give the defense team some insight as to the state's case. David Shepack, the prosecutor who will be handling the case, may call witnesses, present physical evidence, and offer forensic reports during the hearing. Anything from blood splatter patterns, and fingerprints to eyewitness testimony from Mrs. Barnes could be entered as evidence.

Although the hearing is governed by the same rules of evidence as a trial, the defendant is not allowed to make any motions to suppress.

"The defendant does not have the same rights," said Moraghan.

The court can only consider evidence from the defendant if the judge believes it may rebut evidence provided by the state.

If the state fails to provide enough evidence to support a finding of probable cause, the prosecutor may chose to charge Barnes with a lesser crime, or request another hearing at a later time if new evidence comes to light.