FORT MYERS, Fla. -- Potentially incriminating statements in the Teresa Sievers murder case may never make it to trial.
We heard those statements for the first time Friday from one of the men accused of killing the prominent Bonita Springs doctor.
The trial date has finally been set for Mark Sievers, the man accused of plotting to kill his wife, Dr. Teresa Sievers.
Friday morning, Mark Sievers appeared before a Lee County judge in court for a lengthy pretrial hearing. That’s because several motions were requested but there was one the defense made: a motion to throw out certain evidence that can help the state’s case.
Mark Sievers and Jimmy Rodgers are heading to trial together for murder. The Lee County Sheriff's Office says Sievers hired Rodgers and another man to kill Teresa.
Rodgers' attorney is now arguing to throw out a comment Rodgers made to deputies on September 10th, 2015.
At the time, Rogers was being held in a federal holding facility in Missouri after being arrested for violating his probation.
Deputies went up to interview him on the homicide case. The lieutenant says Rodgers repeatedly interrupted him as he tried to read his Miranda rights. Rodgers kept asking deputies why they were there. The deputies said “for homicide".
And then the lieutenant said Rogers responded back. “What did he say? He said in the state of Missouri that’s 15 to 20 years, and I’m okay with that,” says Lt. David Lebid of the Lee County Sheriff’s Office.
Prosecutors say the statements should be evidence at trial because the deputies tried reading his Miranda rights but Rodgers kept interrupting and stormed out.
“In totality of the circumstances, procedurally it’s accepted. However, I’m going to reserve ruling to think about its relevance and value versus its prejudicial value. I’ll give you a ruling shortly,” said Judge Bruce Kyle.
While we wait for that ruling, we do now have a new date for the start of this trial. That is now set for October 1st. If convicted, both Sievers and Rodgers could face the death penalty.
The defense plans to make a motion to take that off the table.
The trial is expected to last 4 to 6 weeks.
Curtis Wright, the other accused hitman, is serving a 25-year prison sentence after taking a plea deal.