On Wednesday, a preliminary hearing was held for 41 year old Michael Arrington. He is accused of killing his brother, 35 year old Carl Arrington.

But Michael Arrington's attorney says he is wheelchair bound and could not have committed the crime. In the courtroom, Arrington demonstrated how he walks out of the chair.

But Michael Arrington refused to be questioned by prosecutors about his condition or anything else. So his testimony, including his difficulty walking, was struck from the records.

The defense is trying to argue there isn't enough evidence to keep Arrington locked up.

"This is my first opportunity after my client has been sitting in jail more than 55 days, to find out why he's sitting in jail and what evidence is holding him," said Michael Arrington's Attorney Robert Rush.

But the prosecution disagrees.

"We believe the defendant committed the crime, we believe we met the burden of proof when we presented our evidence today," said the State Attorney's Spokesman Spencer Mann.

Prosecutors say statements from both witnesses and the defendant and crime scene evidence support their case.

Judge Martha Lott will submit her ruling in writing. That could happen as early as tomorrow.

By Anne Imanuel, WCJB TV20 News