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Updated: Tuesday, 13 Dec 2011, 8:13 AM EST
Published : Monday, 12 Dec 2011, 8:32 PM EST
GLOUCESTER, Va. (WAVY) - The couple accused of trying to kill their daughter by starvation will face a judge Tuesday for a preliminary hearing.
Brian and Shannon Gore are charged with felony child neglect and the attempted murder of their now seven-year-old daughter. The Gores are in jail without bond.
The chief investigator from the Sheriff's office will be the only witness in the preliminary hearing.
WAVY.com has learned that Brian's mental evaluation has not been completed and his attorney, Tim Clancy, will ask the judge for a continuance. Calls to Clancy went unanswered, but back in June he said, "Obviously, this is a difficult case. Everyone is doing what they can to investigate this case and we are still in that process."
It appears Clancy's strategy is to show Brian is not mentally competent to stand trial.
In May, Clancy wrote to the judge, "[Brian Gore] may be suffering from a serious psychological disturbance...[his] ability to understand the seriousness of the offense should be examined to determine his competency to stand trial."
Authorities found Brian and Shannon Gore's then six-year-old daughter in a cage made out of a crib.
The investigators claim they found the girl suffering from bed sores and severe starvation. Detectives said they saw the child eating the flaky skin from her forehead.
In an exclusive interview last May, Shannon's mother, Karen, claimed she never knew she had a six-year-old granddaughter. Karen said Shannon had a melt down following the death of her infant son.
Shannon's attorney, Ron Smith, is ready to proceed with her preliminary hearing, but it could be continued as well.
Smith said Shannon's case is not one of murder, or attempted murder, but admits felony child neglect charges will be challenging to defend.
WAVY.com was told the girl has recovered better than expected. She is still in foster care and went to Disney World last week.
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