Stephen Lanese is not expected to testify at his father's preliminary hearing this morning.

But the 9-year-old boy will be heard through an Upper St. Clair police officer, a judge ruled yesterday.

According to Stephen's statement to the officer, Michael K. Lanese told Stephen and his twin brother Christian to clean three of his guns and put them away.

While the boys were playing with the guns in the master bedroom of their Upper St. Clair home, Stephen shot Christian in the back of the head by mistake, Stephen told police.

Mr. Lanese, 67, was charged last month with involuntary manslaughter for the death of his son. Prosecutors claim Mr. Lanese was negligent and reckless in allowing the boys to handle guns, and exhibited a pattern of letting them play with weapons unsupervised.

Allegheny County Judge Jill E. Rangos ruled yesterday that Stephen's statement to Upper St. Clair police Cpl. Ronald Klein can be presented at today's preliminary hearing.

Shortly after the shooting, Stephen told Cpl. Klein that his father had allowed the boys to clean three guns he had tried unsuccessfully to sell at a flea market that day. Stephen told Cpl. Klein that the boys took the guns into the bedroom and began to load and unload them while their father read a book on the living room couch. The boys, Stephen told the officer, knew where the ammunition was kept.

Stephen told Cpl. Klein that he thought the .348 caliber Winchester rifle was not loaded when he pulled the trigger. Instead of hearing a "click," he said, he heard a "boom."

Christian was sitting at the foot of the bed when he was struck in the back of the head. He was about to play video games, Stephen told Cpl. Klein.

Defense attorney David B. Cercone asked Judge Rangos not to allow Cpl. Klein to testify about the statement at the preliminary hearing because it is hearsay. It also has yet to be determined whether Stephen is mentally competent to testify in the case.

Stephen was being attended to by emergency medical technicians for symptoms of shock when he was interviewed by Cpl. Klein.

Judge Rangos sided with Deputy District Attorney Mark V. Tranquilli, who argued that Stephen's statements qualify as "excited utterances," which can be admitted as evidence in an exception to the hearsay rule. An excited utterance can occur shortly after a traumatic event.

Judge Rangos also said that she would appoint an independent attorney to represent Stephen throughout the court proceedings, which have sprawled into Family Division as custody is sorted out. Mr. Lanese has been ordered to have no contact with Stephen, who is now living with his mother.

Mr. Tranquilli said that although Stephen is still suffering the traumatic effects of the shooting, he continues to attend school.