Three motions were filed with the Grayson County Clerk of Court’s Office Tuesday in the capital murder trial of Frederick P. Hammer.

Hammer has been charged with the shooting deaths of Frederick Hudler, 44, Ronald Hudler, 73, and John Miller, Jr., 25.

A trial date could be set at Hammer’s next court appearance Wednesday.

A motion for discovery was filed which asks for the disclosure of any evidence that state prosecutors have obtained during the course of investigation, Steve Milani of the Southwest Virginia Office of the Capital Defender said.

To this point, Milani stated, the prosecution has shared all of the evidence they have come in contact with.

The second motion is one for a bill of particulars, which asks the prosecution for the grounds upon which they contend the defendant is guilty of capital murder and the third motion is one that asks the Commonwealth to declare the death penalty unconstitutional. Milani stated that the motions are standard procedure in capital murder cases as it is recommended by the American Bar Association.

Hammer is scheduled to appear in court on Jan. 28 at which time Milani anticipates the defense will be requesting funding for an expert analysis of tests on paint samples.

The paint particles on a hand truck found near Hammer’s camper in Cripple Creek are suspected of being consistent with the red paint on victim Ronald Hudler’s gun safe.

The defense has subpoenaed a copy of the lab results and is anticipating the need for an expert to interpret the material. An expense sheet for the out-of-state travel expenditures incurred from the defense’s trip to Delaware, Florida, and Pennsylvania will be presented to the judge as well, Milani said. During the trips, litigation specialists contacted numerous individuals who have known Hammer and were attempting to contact a Catholic-based children’s home that Hammer resided in for a brief time as a child. Milani expects total expenditures for the most recent trip to run approximately $1,600, the same amount incurred during the initial visit. Additional out of state visits may be necessary in the investigation, Milani said.

Milani stated that the defense is still in the process of gathering and reviewing evidence. He also said that attornies are preparing a mitigation investigation if the trial was to move into the penalty phase.

In capital murder cases in Virginia, a mitigation investigation is necessary, so the defense will be prepared if the trial moves to the penalty phase and the defendant is convicted of capital charges. Essentially, mitigation is the process in which the defense examines and highlights the character and background of the defendant. The purpose of this phase is to give the defense a chance to present evidence that could persuade the jury to show leniency in their decision or to grant mercy that could spare the defendant’s life

In most cases, Milani said, the mitigation phase of a trial can be more cumbersome than the actual trial phase.

“The whole process is just so complex, we’re still doing our mitigation and factual investigations,” Milani said.

Milani explained that it is important to go ahead with a mitigation investigation early on in the proceedings, so they are not caught off guard or unprepared if the trial moves into the punishment phase.

“You hope that you never get to that phase of the trial, but it is still something you have got to prepare for,” Milani said.