ATHENS, Ala. (WHNT) — Mason Sisk, the Elkmont teen accused of killing five of his family members in 2019, returned to court Monday. It was Sisk’s first appearance in court since his murder trial ended in a mistrial last month.

The mistrial related to the late unlocking of his Sisk’s mother’s cell phone. At the time, the judge said the new evidence required more time for the defense to review.

Because of the mistrial, all pre-trial motions must be reargued.

At Monday’s hearing, both parties discussed access to both of Sisk’s parents’ cell phone. There is expected to be a report on the mother’s cell phone soon, and the defense is looking for an expert to attempt to get into the father’s phone.

The judge stated he plans to issue an order to limit the time both parties have the phone. As of 3 p.m. on October 31, that order had not been issued.

In reference to the pistol Sisk allegedly used to kill those five family members, the defense stated they wanted an expert to look at the gun without messing up the chain of command.

The state argued the gun needs to go back to the Department of Forensic Sciences (DFS) before being turned over to the defense. The judge agreed and said the court will impose strict deadlines for each party handling the gun.

The defense did not object to the state collecting DNA, and the judge granted testing for hair and saliva.

Both parties will argue a motion to suppress statements given by Sisk to law enforcement on December 2. The court says it will consider motions to possibly shorten those arguments.

Sisk’s second capital murder trial is set for February 13, 2023, and an entirely new jury is required.