A preliminary hearing scheduled for Monday was postponed, but the attorneys for 17-year-old Omar Golamrabbi revealed he will be tried as an adult.
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Officials said Omar Golamrabbi and his 22-year-old brother, Hasib Golamrabbi, murdered their parents, Golam and Shamima Rabbi.
The bodies of their parents were found by friends on April 24.
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Omar Golamrabbi's attorneys and prosecutors told the judge they were ready to proceed on Monday. But the attorneys for Hasib Golamrabbi said they wanted to delay the preliminary hearing and would submit their reasoning for a delay in a sealed request to the court.
Attorneys for Omar Golamrabbi said they don't want to wait and would ask the judge for a separate trial.
In a jail house interview, Hasib Golamrabbi told the San Francisco Chronicle that his younger brother was not involved in the murders, stating that Omar Golamrabbi was innocent.
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A preliminary hearing date could be scheduled on Wednesday unless it were to be delayed by a judge. That could set in motion the defense's attempt for a separate trial.