FORT MYERS, Fla. -- As we head into court Wednesday, the prosecution is a little less than halfway through their witnesses in the murder trial for Jimmy Rodgers.
The prosecution says they have about 25 witnesses to go. The State hopes these witnesses will convince a jury that Jimmy Rodgers murdered Teresa Sievers in her Bonita Springs home in 2015.
Prosecutors say her husband, Mark Sievers, hired Rodgers and Curtis Wright to kill her. Sievers' trial will start in November. Wright took a plea deal.
Jimmy Rodgers' defense team may have their eye on a mistrial.
The defense actually asked for a mistrial twice while questioning a lieutenant from the Lee County Sheriff's Office.
The defense asked about what happened during that lieutenant's first visit to Rodgers' home. The lieutenant started to say Rodgers appeared "frantic" when he saw detectives.
He then told the jury Rodgers did speak to the deputies on scene, but refused to give a recorded statement. The defense claims this violated Rodgers’ right to remain silent.
"Judge, based on that statement Lebid made, he has not testified in this trial, that's being offered as substantive evidence, and we're asking that we have a movement for a mistrial in this case."
The state responded, saying Rodgers willingly spoke with detectives.
The judge denied the motion for a mistrial.
This wasn't the only attempt the defense made to get a new trial for their client. The second request for a mistrial had to do with that lieutenant talking about how Rodgers was in a holding facility, and was on probation for another crime when deputies spoke with him.
"We would have to move for a mistrial at this time because it's going to be impossible for Rodgers to get a fair trial. The media is running all over with this story, now he was on probation.”
This all had to do with where Rodgers was. But what he said is why it's in the case. This is where Rodgers allegedly told investigators "in Missouri, second degree murder is 15-to-20 years, and I'm okay with that."
The judge denied the second motion for a mistrial, saying the media already knew about this.
Jury members were reminded not to watch or read any news regarding the trial.
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