Convicted killer Mark Sievers granted evidentiary hearing

Convicted killer Mark Sievers, sentenced to death for hiring two men to kill his wife in 2015, continues to fight his case in court.

During a status hearing Monday with Judge Bruce Kyle, Sievers was granted an evidentiary hearing.

There are six claims for which the new evidentiary hearing was granted, including that he was denied a fair trial and that trial counsel was ineffective.

Prosecutors say Sievers hired Curtis Wayne Wright to kill his wife, Teresa Sievers. Then Wright tapped Jimmy Rodgers to help.

• RELATED: Mark Sievers’ new hearing: Sister of Bonita Springs victim shares views

In their interviews with detectives, Wright and Rodgers both denied even being in Florida when Teresa was murdered in cold blood.

What they didn’t know was a GPS on their rental car tracked their every step from Missouri to Florida and back.

Teresa had life insurance policies totaling $4.4 million. Documents show that Rodgers told his girlfriend that Sievers hired Wright to drive to Florida and kill Teresa for insurance money.

“It was one of the few cases where the prosecutor’s office sought the death penalty, and you’ve got a local doctor who, you know, whose life was cut short. And then there was obviously the salacious arguments or news about he contracted with his best friends,” Daniel Garza, a trial attorney at Wilbur Smith and an attorney not involved in this case said.

Last month, during a previous conference call status hearing, Sievers’ attorneys argued for access to autopsy photos they believe could have bolstered Sievers’ defense.

John Potanovic, an attorney representing the medical examiner’s office, disagreed.

“What is being requested should have been disclosed during this discovery process of trial. We’re not really discussing or requesting any kind of novel documentation,” said Potanovic.

He continued, “We believe the defense really has to raise any ground other than conclusory assertions to establish that the autopsy photographs are relevant to any matter in this post-conviction proceeding or even reasonably calculated to lead to the discovery of any admissible evidence.”

The judge reserved a ruling last month.

The evidentiary hearing’s date is currently unknown.

“You’ll get a little bit more detail as to what Mr. Sievers is actually claiming. I know he’s claiming that there’s new evidence and that his attorneys were somewhat deficient in their roles,” Garza explained about the evidentiary hearing process. “That’ll be fleshed out a little bit more to give the judge some insight as to is there any merit to these claims, and if so, then the judge has a tough decision to make on whether or not to grant a new trial.”

Garza said those on death row tend to exhaust every option that can potentially provide relief.

Jennie Weckelman, Mark Sievers’ step-mom provided WINK News the following statement in regards to the recent developments of an evidentiary hearing:

“Mark is innocent.  I am sick at heart with the injustice of his conviction but hopeful due to the Judge’s consideration. But…Why does no one pay attention and report on the the many reasons enumerated in the Motion as to why Mark’s trial was a circus, not justice? In addition to the points in the Motion, in the middle of defense preparations Mark’s lead attorney died, his investigator died, the jail rules hindered trial prep and Mark was grieving the loss of his wife and daughters. The hasty verdict was based on one man’s lie, made to save his own life. Think of it. One man, one man alone, can create a story, and without any facts to corroborate, he is believed. There is no evidence linking Mark to the murder of Teresa.  There is only innuendo, gossip and prejudice. A whole other story is waiting to be uncovered and told. This is a tragedy on many levels.”

If Sievers’ succeeds in obtaining another trial, it could potentially vacate his death sentence.