By DAVID M. GRIMES (dgrimes@reviewonline.com)

LISBON - Further testing on evidence will push the trial to early next year for the Wellsville man charged with murdering his wife.

Jack C. Amato Jr. waived his right to a speedy trial that was originally set for Sept. 16, due to additional and further testing on pieces of evidence. Amato was charged in the July 1, 2007, shooting of Tonia Brundage Amato.

At the final status conference hearing Friday, both attorneys agreed that it was best to schedule a trial date at a later time due to the recent testing of evidence. The new trial date is set for Feb. 17, 2009, with a final status conference hearing on Feb. 9.

Special Prosecutor Lynn Grimshaw said it would be unfair to justice and the case would be better served if they took a step back.

Grimshaw also stated that new findings may support either side.

Judge C. Ashley Pike said he found the latest test results "surprising" since it has been about 14 months since the shooting.

Even though Pike said he didn't put blame on anyone in the court room, Grimshaw said he could be parlyt responsible for not asking the right questions when sending in the evidence for original testing and examination.

The prosecutor stated in the courtroom that he was 'shocked" and "surprised" when he found out new, available methods of testing in the past several weeks.

The additional months will give time for the test results to be finished and then analyzed by experts.

The indictment against Amato accused him of purposely causing his wife's death, specified that he used a firearm to commit the offense and alleged that as "a chronic alcoholic," he violated the law when he used the firearm.