An Omaha murder case already more than a year old suffered another delay Wednesday, this time involving constitutional law.

The preliminary hearing Wednesday morning was for seven of the suspects involved in the September 2004 murder of Alonzo Barber.

Prosecutors claim there were two conspiracies. One conspiracy involved Barber's Dark Side Villains gang. The other involved a rival gang of Crips.

Prosecutors claim that the actions taken by both groups lead to Barber's death.

Attorneys were ready for Wednesday's preliminary hearing, but a judicial setback will force them to separate the trials.

Corrections authorities explained the preliminary hearing is unlike any other.

Family and friends stood outside waiting to be searched so they could watch the court proceedings through bullet proof glass.

The case against seven of the alleged conspirators continued to build until the prosecution tried to admit statements each of the seven had given investigators.

It amounts to hearsay against the other alleged conspirators. Hearsay is normally allowed at preliminary hearings.

"You're right," said Steve Lefler, Emmanuel Jackson's attorney. "It is hearsay, but the Supreme Court has said it's of a higher level. It's got to be protected a little bit more than the ordinary run of the mill hearsay."

Prosecutors will now separate the cases, but keep the conspiracy charges in place.

Some of the relatives of those accused disagree with that decision.

Darlene Brown said she's related to several of the men being charged and that she feels prosecutors are overstepping. She said she doesn't think all 12 suspects should be tied to a single murder charge.

"The person that did it is the person that should go down," said Brown. "The rest of them should go free because they didn't do it. The main person they want is the person that did it."

Authorities say the actions taken by the two gangs escalated and eventually led to Barber's murder.

They say the planning and preparation for a fight is where the conspiracy charges originate.