Mark Hacking's Defense Beginning to Form Strategy

Samantha Hayes ReportingMark Hacking's appearance in court this morning is the beginning of what will probably be a long judicial process. His attorney says he talks to Mark Hacking everyday. Mark Hacking is accused of murdering his wife. And the District Attorney says he can prove it.

David Yocom, Salt Lake County District Attorney: “I think we have a very excellent case.”

Now his defense begins looking through the state's evidence and evaluating its case.

Gil Athay, Defense Attorney: “At this stage we are looking toward a trial.”

Much of the strong evidence presented by the DA is based on an alleged confession from Mark Hacking to his brothers.

Gil Athay: “Certainly that will be a concern, we are looking at the circumstances under which that statement was made."

Athay is also looking into circumstances of Mark Hacking's life long before the night of July 18th.

Gil Athay: “We are exploring all aspects of mental illness and or mental disability."

In particular, an event in his early 20's when Mark's parents said he suffered head and back injuries after falling off a roof.

Gil Athay: “Certainly the potential for organic brain damage is being looked at in this case and that can result from a fall such as has been described and we are exploring those possibilities."

Another consideration is the possibility of an aggravated murder charge. If Lori's body is found, and a pregnancy is confirmed, prosecutors could push for the death penalty.

Gil Athay: “I don't suspect it will under the circumstances. I think this is where we are going to be. That is the way we are proceeding through as though these will be the final charges we ultimately will be facing."

Athay also says a plea bargain is a possibility, but it is not something he is working on at this point.