By Brad Segall

UPPER MERION, Pa. (CBS) — An Upper Merion man accused of murdering his parents and twin brother inside their Gulph Mills home two years ago (see related story) is asking the court to allow him access to his mother’s estate to pay for his defense.

The court filing values Susan McAndrew’s estate at $1 million — money that Joseph McAndrew, 25, says he should be able to use to pay for private counsel and expert psychiatrists.

The papers were filed by his court-appointed guardian in Montgomery County Orphan’s Court.

The filing also asks that criminal proceedings be delayed until the court resolves the matter.

Montgomery County prosecutor Nathan Schadler says the attorney has no standing in the criminal case.

“We will be fighting it, and we will not allow this frivolous and meritless motion to derail or in any way obstruct our ability to get justice for these three innocent victims,” Schadler told KYW Newsradio this morning.

McAndrew is awaiting trial on first- and third-degree murder charges (see related story) for allegedly using a sword to stab his parents and twin brother.

Prosecutors plan to seek the death penalty if he’s convicted of the first-degree murder charge (see related story).  McAndrew remains at Norristown State Hospital receiving psychiatric treatment.

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