Jimmy Rodgers trial: Judge loses patience with attorneys on both sides: Day 3

Monday, jurors heard more testimony from witnesses surrounding Dr. Teresa Sievers’ death.

Judge Bruce Kyle showed obvious frustration with both prosecution and defense teams during the course of proceedings.

Frustration began during an afternoon delay to depose two expert FBI witnesses. The says they have given all of their FBI evidence to the defense, but the defense said that’s not true. This has been an ongoing argument between both sides fro months.

“What you’re basically saying is we would never go to trial,” Judge Kyle said in court.

Both sides responded and then Kyle gave his.

“I’m gonna stop you; I’m gonna stop you,” Kyle said. “It’s clearly an issue one way or the other.”

Kyle ordered the state to clear up the issue once and for all. Both sides will get the chance to meet with the FBI expert to go over the evidence in question and make sure it’s all there like the state say.

The state continues its case in Lee County court 8:30 a.m. Tuesday.

Monday court proceedings could force appeal 

Legal experts we spoke to say two incidents that occurred in court Monday could be grounds for an appeal if it ever comes to that. And we learned why there could be more objections from the defense throughout this murder trial for Jimmy Rodgers in the death of Dr. Teresa Sievers in 2015.

There was a two hour delay before an abrupt ending after the defense claimed it was not given access to all evidence presented by the FBI.

Judge Bruce Kyle is giving the both the defense and prosecution more time to meet with the FBI witness again.

We spoke to Attorney Pam Seay, a legal expert and FGCU law professor, who explained what could happen if the defense’s claims about the state not releasing all evidence is true.

“If the state failed to turn over the information, that could be a reversible error,” Seay said. “That could be grounds for an appeal.”

The defense also objected when a crime scene technician on the stand referred to handwritten notes, something neither side was previously given access to.

“Failure to provide those notes can be the subject of an appeal,” Seay said. “And there have been times when that has been a reversible error.”

We also spoke to a former federal prosecutor. He said, if Rodgers is convicted and successfully appeals, he would not simply go free. He said the case could likely go through a re-trial, and the courts would have to redo the process.

Seay said appeals have become more common because the entire appeals process depends on it.

“If you fail to object to it, you cannot appeal it later on,” Seay said.

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On Friday, prosecutors showed a jumpsuit they say Jimmy Rodgers wore when he killed Teresa Sievers.

They say his girlfriend led them to the discarded clothing on a Missouri highway.

Attorneys focused on text messages on Rodgers’ phone that sparked an issue of whether or not it could be used as evidence.

However, the judge okayed texts that were told will prove to be vital in the case. Detectives made a point to show texts from Jimmy Rodgers to his boss to indicate he made his way to Florida.

WARNING: This livestream may include graphic content that may be disturbing to some viewers. 

NOTE: During a court recess, you will see a state of Florida seal.

DAY 3, PART 1

DAY 3, PART 2

You can follow the Live Twitter feed updates here.

Reporter:Brooke Shafer
Taylor Petras
Justin Kase
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