ATHENS, Ala. (WHNT) — Mason Sisk, the Elkmont teen charged with killing five family members in 2019, is due in court Friday for a key hearing in his upcoming capital murder trial, but prosecutors are seeking to delay the hearing until January.

In a filing Tuesday evening, prosecutors said Friday’s planned hearing should be delayed until after the holidays because two witnesses may have holiday schedule conflicts and the prosecution wants to cite testimony from prior hearings and the trial as part of their arguments. They want the court to rule on that plan before the hearing.

The suppression hearing is over disputed evidence in anticipation of Sisk’s retrial set for February. The defense is arguing evidence obtained from Sisk following the killings should not
be allowed, because the teen was questioned for a lengthy period without being read his Miranda rights.

Sisk is set to be tried a second time starting February 13 in the killings of his parents and three young siblings.

The first trial in September ended in a mistrial after prosecutors told the court a police computer lab was finally able to unlock Sisk’s mother’s phone — after the trial had started.

The court ruled the defense should be allowed to review the phone’s contents to determine if any of the material would assist its case.  

The court also allowed the police interview into evidence in the first trial, but because of the mistrial, the pretrial motions have to be argued again.  The defense says information from Sisk’s interview with investigators, including the location of the alleged murder weapon should be thrown out.

Sisk’s first trial took more than a week, before the mistrial. Both sides have requested further investigation of DNA and firearms evidence, which means the second trial could last even longer.