Judge appears skeptical of the Sievers’ witness list

Reporter: Taylor Petras
Published: Updated:
FILE Photo of Mark Sievers mugshot from 2016 – Photo courtesy of Lee County Sheriff’s Office.

How many witnesses are too many?

On Tuesday, Judge Bruce Kyle heard five motions from Mark Sievers’ attorney as well as from the state. It covered everything from allowing an accountant to have access to Sievers in jail to a list of more than 100 names on his witness list.

Mark Sievers is accused of plotting to kill his wife, Dr. Teresa Seivers.

“Unless the defense can tell you that they’re going to call this person as a witness at trial,” said Hamid Hunter, State Attorney’s Office, “they should not be on this witness list.”

The attorney for Mark Sievers has filed a list with 108 names. The state argues he can only put down names he intends to call at trial. TSievers’ attorney said that is his intentions.

“I’m not going to be held ineffective for failing to preserve the right to call a witness list, uh call a witness,” said Michael Mummert, attorney for Mark Sievers.

“If you’re telling me, you’re calling these people, that’s one thing,” Judge Bruce Kyle said. “But if we get to trial and you don’t call any of these people, I’m not the one wagering my bar license on it. You may be.”

Judge Kyle appeared skeptical of the witness list, not making a ruling on it immediately in court Tuesday.

“I don’t think you have to list everybody that you think may end up being a rebuttal and a rebuttal witness,” Judge Kyle said.

The judge heard four more motions from Sievers’ attorney Tuesday. It includes asking the judge to allow a forensic psychologist, mental health expert and accountant to have access to Sievers in jail.

“Kind of just a financial picture of where the Sievers were,” Mummert said. “Your honor, this is testimony that is going to be used to rebut some of the state’s motive.”

Sievers and Rodgers are due back in court June 3 for more motions, which was when the trial was supposed to start.

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