Published: Nov 26, 2012 1:50 PM EST
Updated: Nov 26, 2012 4:40 PM EST

FORT MYERS, Fla. - It will be next year before a Cape Coral man accused of killing his step-grandfather will go to trial.  Garrett Kern is accused of murdering James Arthur in October of 2011.

In court Monday, Kern's attorney said he was not ready to go to trial despite Kern telling the judge he was.  Kern's attorney said he's waiting on a competency report and more depositions from witnesses.

Kern asked to release his attorney due to what he called 'mis-representation' and asked for a mistrial.  The judge said no, due to time.

"I'm not really sure that Mr. Kern has a full understanding of what's going on or not.  I just don't, I'm not sure.  I've also spoken to other people, mental health professionals, that have seen him in jail.  There is some issue in their mind about whether he is in fact competent," said Bob Hines.

Kern remains in jail and will back in court in February.