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Roger Kay Mortensen, center, turns to listen to his defense attorney, Greg Skodas, left, in Provo's 4th District Court of Judge Darold McDade for a bail hearing on Monday, Aug. 2, 2010. Roger Kay Mortensen, 48, and his wife Pamela Mortensen, 34, are charged with murdering Roger’s father, BYU professor Kay Mortensen, at the victim's home in November. (AP Photo/Al Hartmann, Pool)

Al Hartmann

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Pamela Mortensen, 34, and her husband Roger Kay Mortensen, 48, appear in Provo's 4th District Court of Judge Darold McDade for a bail hearing on Monday, Aug. 2, 2010. Roger Kay Mortensen, 48, and his wife Pamela Mortensen, 34, are charged with murdering Roger’s father, BYU professor Kay Mortensen, at the victim's home in November. (AP Photo/Al Hartmann, Pool)

Al Hartmann

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Pamela Mortensen, 34, and her husband Roger Kay Mortensen, 48, right wait in Provo's 4th District Court of Judge Darold McDade for a bail hearing on Monday, Aug. 2, 2010. They are charged with murdering Roger’s father, BYU professor Kay Mortensen, at the victim's home in November. (AP Photo/Al Hartmann, Pool)

Al Hartmann

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A 4th District judge appointed a public defender Tuesday for one of the people charged with killing a former Brigham Young University professor.

Defense attorney Greg Skordas said Roger and Pamela Mortensen need separate attorneys in their murder cases. Both are charged with murder and obstruction of justice in the death of Kay Mortensen, Roger’s father.

Judge Darold McDade appointed a public defender for Roger Mortensen after Mortensen said he is unemployed and relies on state assistance.

“I’ve been on social security for probably 15 years,” he told the judge.

Prosecutor Tim Taylor said the public defender is probably a good thing for Roger Mortensen, though he told the judge Mortensen’s finances need to be looked at closely if he is to receive a public attorney.

“Mr. (Kay) Mortensen left a sizable estate, and Mr. Mortensen is a potential heir,” Taylor said.

Roger Mortensen, however, told the judge he does not know what has been going on with his father’s estate. He said he may not be a beneficiary.

“The night I was arrested, my sister came in and took me off it completely,” he said.

The Mortensens’ next hearing is set for Aug. 30, at which point Skordas said he would like to address bail. He said the couple is not a flight risk, and they have stayed in the community throughout the investigation.

Though Skordas no longer represents Roger Mortensen, he said Pamela Mortensen’s family has asked him to continue representing her.

“We’ll continue to help her through this early process at least,” he said.

Roger and Pamela Mortensen were arrested July 29 and booked into jail for the Nov. 16 killing of Kay Mortensen. Police allegedly found several guns, including high-powered assault rifles, in their home when they were arrested. On the night of Kay Mortensen’s death, Roger and Pamela were at the home and said they walked into a robbery in which three men tied them up. They indicated in a 911 call that they found Kay’s lifeless body with his throat slit.

The Mortensens were each given a $500,000 cash bail in the case, while Roger Mortensen was given a separate $10,000 cash bail for allegedly possessing several guns and drug paraphernalia when he was arrested. However, Taylor said the weapons charges will likely not be filed against Roger Mortensen.

“At this point, we’re not going to pursue those because there might be federal charges with regards to some weapons,” he said.

Mortensen faces federal weapons charges of felon in possession of firearms and ammunition.  

In 1996 Roger Mortensen was convicted of theft by receiving stolen property, a felony, and threatening or use of a dangerous weapon in a fight, a misdemeanor. In 1997 he was found guilty but mentally ill in a felony theft case.

Taylor said the state and federal authorities generally do not go forward with the same charges, so the state weapons charges will likely not be filed.