Published: Dec 05, 2012 5:51 PM EST
Updated: Dec 05, 2012 6:53 PM EST

COLLIER COUNTY, Fla. - There were three motions presented to the judge today. The biggest is the defense's concern the gun's magazine could have been tampered with.

We learned today it took investigators 45 days to get the rifle's magazine to FDLE for testing. The prosecution did admit to that. At the time of the incident, a deputy unloaded the rifle and the investigator did not realize the magazine tubing was part of the rifle. For the next 45 days, the magazine was at the defendant's father's house. The defense is claiming during that 45 day time, the magazine could have been tampered with. The defense questioned five witnesses including crime scene investigators and sheriff's deputies.

The defense will question the teen's father on Thursday. He is currently in jail on molestation charges. The hearing will resume at 9am, the trial is expected to begin shortly after.