HERMANN — The public defender for the man accused of killing one Hermann police officer and seriously wounding another has again requested a new judge as the state’s case against him is just getting started.

Kenneth Lee Simpson’s attorney, Jeffrey M. Shellenbergar late Friday afternoon filed for a change of judge to replace Osage County Associate Circuit Judge Sonya Day Brandt, who just days earlier had been named to replace Gasconade County Associate Circuit Judge Ada Brehe-Krueger.

Shellenbergar, on Simpson’s behalf, asked for a new judge the first time during his initial court appearance on first-degree murder and four other felony charges in the shooting death of Hermann Det. Sgt. Mason Griffith and the wounding of Hermann Patrolman Adam Sullentrup.

Twentieth Circuit Court Presiding Judge Craig Hellmann appointed Brandt to preside over the case through the preliminary hearing, at which time it’s expected that the case would be bound over to Circuit Court for trial. Simpson’s second motion for a new judge to replace Brandt sidetracked a hearing that was scheduled in Hermann for Monday morning, putting the matter back in Hellmann’s hands.

By Monday afternoon, the case was assigned to Judge Matthew W. Houston.

In another development on Friday, the Missouri Attorney General’s Office agreed to take over the case, an indication that the state is eying the death penalty for Simpson, 35. The Attorney General’s Office has a team of prosecutors that focuses on handling capital murder cases.

Brandt, before she was replaced, filed a motion to appoint Gregory M. Goodwin, Jefferson City, as the special prosecutor.  The motion was sustained and so ordered, according to court records.

If the state indeed seeks the death penalty, it’s likely that Simpson will be represented by the Missouri Public Defender’s Office, which has experience in defending against the death penalty. That is unless Simpson is able to afford a private defense attorney.

The status of his defense was one of the main topics of the hearing first planned for April 19 and then moved up to March 20 when Brandt was named to replace Brehe-Krueger. The hearing was going to take place so quickly because Monday was the only day during the month that Brandt was scheduled to be in Gasconade County.

In addition to first-degree murder, Simpson is facing charges of first-degree assault for the shooting of Sullentrup, two counts of armed criminal action and a weapons possession count for being a felon in possession of a firearm.

At the preliminary hearing, which is held at the Associate Circuit Court level, the state will present as much evidence as it feels is needed — but not necessarily all of the evidence — to have the case bound over to Circuit Court.

(With additional reporting by Dave Marner).