LIMESTONE COUNTY, Ala. (WHNT) – Limestone County Circuit Judge Chadwick Wise has ordered a mistrial in the capital murder trial of Mason Sisk.
Last Thursday, Mason Sisk’s defense attorneys filed a motion to have the trial dismissed, arguing that prosecutors failed to provide access to Mason’s father’s cellphone, claiming the possibility of information that could corroborate the adolescent defense.
On Friday, Wise initially denied the defense’s motion to have the trial dismissed.
Sisk is accused of killing his parents and three siblings in 2019.
Late in the evening of September 2, 2019, the Limestone County Sheriff’s Office was called to a house on Ridge Road in Elkmont where they found John Wayne Sisk, 38, Mary Sisk, 35, and three children – Kane , 6, Aurora, 4, and Colson, 6 months. All had been shot in the head and killed.
Monday’s proceedings began with the defense continuing their case and reviewing a text message thread between Mason’s mother, Mary and Mason, that dates back to 2018. The defense claimed it demonstrated a romantic relationship between the two. The defense said it received text recordings from Mary’s phone on Sunday and that it is exculpatory information. In response, Wise gave the state an hour to review the message records. The state said there was nothing exculpatory in the text messages and there was more evidence against them. Shortly after reviewing the text messages, the judge ordered a mistrial.
Wise said Mary Sisk’s cell phone had been with the FBI for about three years and was not accessible during that time. In declaring a mistrial, Wise said the phone was accessed last week, but there was not enough time for the defense to review the records.
“I just don’t think there’s anything more than I could do that would be right.”
Limestone County Circuit Judge Chadwick Wise
Due to his age at the time of the crime, Sisk is not eligible for the death penalty.
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