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FILE Photo of Mark Sievers mugshot from 2016 – Photo courtesy of Lee County Sheriff’s Office. FORT MYERS, Fla. — A motion by Mark Sievers’ attorneys to dismiss the death penalty has been denied, according to court documents. Sievers’ attorneys argued the state’s notice of intent to seek the death penalty, filed in June, wasn’t filed soon enough. Sievers is charged with first-degree murder for the 2015 killing of his wife, Dr. Teresa Sievers, at their home in Bonita Springs. The state is also seeking the death penalty against Jimmy Rodgers, one of two alleged co-conspirators. Investigators believe Mark Sievers, who pleaded not guilty, planned the killing and promised Wayne Wright, his childhood friend, payment for carrying out the plan. Wright in turn recruited Rodgers, who traveled from Missouri to assist in the killing, prosecutors allege. Wright accepted a plea deal and is expected to testify against Rodgers and Mark Sievers.