Knoxville, TN (WOKI) UPDATE 6/4: Kenneth DeHart, the man accused of killing Blount County Deputy Greg McCowan, will get a new preliminary hearing.

Judge Tammy Harrington Wednesday afternoon granting the motion from DeHart’s legal team following an all-day procedural hearing Tuesday.

DeHart’s attorneys argued his public defenders were not prepared at the first preliminary hearing that happened in February 2024; it was held one week after DeHart was taken into custody for McCowan’s murder.

Public defenders saying in court there’s normally two weeks between arrest and a first hearing for the accused.

In Wednesday’s order, Harrington agreed with DeHart and his legal team, saying that the general sessions judge who oversaw the preliminary hearing a year and a half ago “unreasonably denied [DeHart’s] request for continuance, and as a result, improperly denied [him] his right to counsel of choice.”

It’s illegal for the state to force representation on someone, the order said, adding that DeHart’s possible death sentence means following proper procedure is even more important.

“In capital cases, however, due process is heightened given the life-or-death consequences, and additional procedural safeguards are required,” the order said.

DeHart is facing the death penalty in the case. A date for his new preliminary hearing has not been set.

ORIGINAL STORY: A new step is taken in the murder case of Blount County Deputy Greg McCowan.

The man accused in his murder, Kenneth DeHart, tried to take a big step back and start over in a motion hearing yesterday (Tuesday).

The state and defense each called two witnesses. DeHart’s counsel questioned the process of last year’s preliminary hearing.

DeHart’s counsel asked the public defenders if they felt it was enough time, and they said no. The Public Defender’s Office said they usually get about two weeks or longer, and DeHart only got one week.

DeHart was taken into custody on February 13, 2024, and his preliminary hearing happened a week later.

Now, attorneys in the Public Defender’s Office had to answer to the timeliness of DeHart’s preliminary hearing.

“I have a duty of candor to the court. To the court that this client is seeking to hire counsel and that request not be honored.”

DeHart’s attorneys are also looking to get any evidence thrown out that they deem to be “unconstitutionally obtained.”

In closing on Tuesday, the state argued other times wouldn’t work, and the precedent has already been set not to rehear preliminary hearings on this matter.

The judge will issue a ruling today (Wednesday).