Published: Jan 16, 2013 11:21 AM EST

PUNTA GORDA, Fla.- State attorneys will not be seeking the death penalty for 39-year-old David McMannis. He is one of the men accused of First Degree Murder in the 2001 murder of 19-year-old Tara Sidarovich.

In court this morning, McMannis's attorney says they're going through thousands of pages of new evidence.

A second man, 43-year-old Philip Barr, is also accused of killing Sidarovich. Barr is expected in court Friday.