EDWARDSVILLE • Lawyers continue to wrangle over details of a proposed new psychiatric examination of Terry Joe Sedlacek, accused of fatally shooting a minister during a church service in Maryville in 2009.

Sedlacek, from Troy, Ill., was charged with first-degree murder after the March 8, 2009, shooting of the Rev. Fred Winters as the minister delivered a Sunday-morning sermon at the First Baptist Church of Maryville. Sedlacek also is accused of stabbing two members of the congregation who rushed to subdue him.

The suspect apparently had no connections to the church or Winters.

Sedlacek, now 30, has been ruled unfit to stand trial and is being held at the Alton Mental Health Center.

In May, Circuit Judge Richard Tognarelli granted a motion by the state that Sedlacek be examined by Dr. Mathew S. Markos, who is director of forensic clinical services in Cook County, Ill. But the judge, at the urging of defense attorneys, ordered an audio recording of the examination.

Prosecutors have resisted, arguing that the examination — because Sedlacek is not in police custody — would not be subject to Illinois laws that require recording of interrogations. They say Markos believes the presence or use of recording equipment would hinder his examination and has said he would refuse to conduct an examination under those circumstances.

"(Sedlacek) is, in every sense of the words, in custody," one of his attorneys, Madison County Public Defender John Rekowski, told Tognarelli during a hearing on Tuesday. There is no exception to the recording requirements for such an examination, he argued.

Madison County Assistant State's Attorney Neil Schroeder told the judge that such an examination is not an interrogation.

The defense attorneys want the judge to limit any examination of Sedlacek by Markos to the issue of Sedlacek's mental state at the time of the homicide. They are pressing Tognarelli for a summary ruling that Sedlacek is unfit to stand trial and that there is no substantial probability he will attain fitness within a year. They argue that medical staff at Alton Mental Health Center have made such findings repeatedly, most recently in March, June and December of last year.

Tognarelli said he would rule in about a week.