Tong’s attorney, Zhu Shen, made two requests at the probable cause conference at the 54-B District Court just off campus. Tong and his lawyer appeared in court via Zoom in front of Judge Molly Hennessey Greenwalt.

Shen said that he met with Tong at the Ingham County Jail on three separate occasions over the past two weeks and requested that Tong be given a competency exam based on his observations.

“He has difficulty talking with me and he has difficulty understanding what we’re saying. And lastly, he often talks about his research projects and scientific ideas for his research and for his case,” Shen said. “So that’s led me to have a qualified concern about his competence to stand trial.”

With no objection, the court said they’d move to order a “scale order for competency evaluation” for Tong and proposed a date for review of the outcome in approximately 90 days.

In addition, without any evidence presented to the court, Shen requested that count one of Tong's charges be dismissed, which accuses him of maintaining or operating a lab involving methamphetamine.

Shen told the court that “over the past five weeks, there was a search on Tong’s property and vehicle, and there’s no evidence to show Mr. Tong has any effective elements of the methamphetamines.”

He argued further that the charge would hurt Tong and his family’s reputation both in the U.S. and in China irreparably.

Greenwalt reminded the party that, at the time of the probable cause conference on Friday, no evidence has been introduced to the court and that it has no basis to dismiss the account and soundly denied his request. If the prosecutor, John J. Dewane, moves to amend the charges based on the proof presented before the preliminary examination, the court may consider it.

Tong’s preliminary examination is scheduled for June 12.

Campus police responded to a trespassing complaint and made contact with Tong on the fifth floor of Wells Hall on April 26.

Police found multiple bags containing substances involved in the manufacturing of methamphetamine, which Tong was carrying when they arrived at the scene. Court documents also state Tong was carrying an expired student ID when he was confronted.

That week, police also responded to reports of property damage inside Wells Hall, which was “directly related to alleged criminal activity,” according to a campus-wide email sent by MSU Department of Police and Public Safety Chief Mike Yankowski.

He was arraigned on April 29 and is being held at the Ingham County Jail on a $500,000 cash or surety bond. According to Ingham County Jail Records, the Department of Homeland Security has placed a hold on Tong’s bond.