Notorious crime figure Jimmy Melvin Jr. is being transferred back to a federal prison while he awaits trial on a charge of first-degree murder.

Melvin requested the move during an appearance in Nova Scotia Supreme Court this morning.

Melvin hobbled into court in apparent pain with a large abrasion on his forehead. The Crown told the court there had been an altercation in the jail involving Melvin and guards. The Crown said the altercation allegedly involved a physical assault and feces being flung at guards.

Melvin has been in custody since his arrest last July on a charge of first-degree murder in the death of Terry Marriott Jr. in Harrietsfield in 2009.

A spokesperson for Halifax Regional Police said they are investigating an incident at the Central Nova Scotia Correctional Facility in Burnside. Const. Dianne Woodworth could not comment on whether the incident involved Melvin.

The Justice Department was also reluctant to speak about the incident.

"Offenders act out," department spokesperson Chrissy Matheson said in a statement. "And when incidents occur, corrections staff deal with them appropriately and adhere to policies that are in place."

Held in 'virtual isolation'

Melvin's lawyer, Pat MacEwan, said his client didn't request the transfer because of an altercation. He said Melvin is being in near total isolation at the jail and it is affecting his mental health.

"As I understand it, he's being held in a cell where his mattress is removed every morning. He essentially is in virtual isolation," MacEwan said outside court.

"He doesn't have contact with other offenders, he's allowed out to exercise when able, alone in restraints."

MacEwan told court that Melvin was held in a windowless cell and the light was left on 24 hours a day. The lawyer said a federal prison offers a more structured environment for Melvin, which would be better for him.

A past with feces

Melvin had initially fought to be sent to a federal prison. He won that fight over the objections of the Crown.

But in February, he changed his mind. During an appearance by videolink from the federal maximum security prison in Renous, N.B., Melvin requested a transfer back to Nova Scotia. He told the judge that Renous was too far away and he wasn't getting visits from his lawyer.

This is not the first time Melvin has been accused of using feces as a weapon against corrections officers. In the past, he has faced similar allegations arising from incidents at a jail in New Brunswick and the Cape Breton Correctional Centre.

The Crown preferred an indictment against Melvin on the murder charge, avoiding a preliminary inquiry.

MacEwan said today that he still hasn't received all the disclosure he needs from the Crown to prepare Melvin's defence. He predicts the trial before a judge and jury couldn't be held before the spring of next year at the earliest.