PELL CITY – A tentative trial date was set Wednesday for a Moody man charged with the capital murder and the sexual torture of a Leeds woman.

St. Clair County Circuit Court Judge Jim Hill tentatively set the capital murder trial for Michael Brandon Kelley, 29, of Moody, who was indicted for the capital murder of Emily Milling, 23, of Leeds, for Monday, Aug. 30.

“That would be great for the state,” St. Clair County District Attorney Richard Minor said at Wednesday’s status conference.

Pell City attorney Don Hamlin, who represents Kelley, said there were several things the defense must do before it is ready to proceed with a trial.

“Set it for that date, and we’ll do all we can to be prepared,” Hamlin told Hill.

Kelley was indicted for the capital murder of Milling during a kidnapping and one count of capital murder during sexual abuse. Kelley was also indicted by the grand jury on one count of sexual torture.

Hamlin also informed the court that Kelley did not want to take a mental examination.

“It’s not the defense position that he (Kelley) shouldn’t be required to take a mental evaluation,” Hamlin said. “…His (Kelley’s) position is that he doesn’t want to do it.”

Minor said the state requests that Kelley is given a mental evaluation, including a standard I.Q. test, because this is a capital case.

Minor said there is grounds for appeal without a proper mental evaluation on the defendant.

“I’m going to order that he take a mental examine,” Hill said.

Hill said nobody can make him cooperate, but he will order that Kelley be given a mental evaluation as is standard procedure all capital murder cases.

Kelley has remained in the St. Clair County Jail without bond since his arrest in November 2008.

Kelley, a truck driver, was apprehended in California and brought back to Alabama to face charges stemming from the murder of Milling. The suspect was initially charged with murder, but a grand jury upgraded the charge to capital murder.

Authorities allege Kelley brutally beat, tortured and strangled Millings to death in his mobile home.

During Kelley’s preliminary hearing, held in January 2009, Leeds Sergeant Detective Renee Reaves testified blood stain items were seized from the suspect’s mobile home, vehicle and a garbage bin at his father’s business.

Reaves testified that it was when the inside of the mobile home was sprayed with luminal, a substance that makes blood stains glow in the dark, that she knew that was where Milling was brutally attacked and killed.

“The entire trailer glowed,” Reaves said on the witness stand.

She said there was blood splattered from the baseboard to about eye-level along the wall of the hallway.

Reaves also testified that a man, who worked for Kelley’s father, saw the defendant dump plastic bags into a dumpster at his father’s business along Markeeta Road.

Millings’ nude body was found off Markeeta Road.

Reaves testified blood stain clothes believed to belong to Milling and Kelley were found in bags removed from the dumpster, as well as a sleeping bag, wash cloths, towels, a silver necklace and a 16-18 inch toilet plunger believed to be used to sexually assault the victim.

Reaves said Kelley never confessed to the murder.

She said surveillance video from a Leeds night club showed Milling leaving with Kelley, but she never returns, even though Kelley told authorities he returned her back to the club.

Minor told Hill Wednesday the state will seek the death penalty in this capital murder case.