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Judge declares mistrial in Mason Sisk's capital murder trial

Sisk was on trial for being accused of killing five family members in 2019.

LIMESTONE COUNTY, Ala. — UPDATE: On Monday, presiding Judge Chadwick Wise ordered a mistrial for Mason Sisk, an Elkmont teenager on trial for killing five family members in 2019 when he was fourteen years old.

Court documents reveal the matter came before the court on a renewed 'motion for mistrial' filed by Sisk's attorneys Monday morning. The court documents revealed that information from the cellphone of Mary Sisk (Mason's stepmother) became available to both parties during the trial. 

The documents also reveal that the information is 'voluminous' in nature, and the parties would need additional time to review it.

Court documents say the defense's request for an invited mistrial is denied. 

Additional documents reveal that John Sisk's (Mason's father) cell phone will be retrieved by the State of Alabama from the FBI, and made available to Sisk's attorneys for inspection within 21 days.

A pretrial conference is scheduled on January 31, 2023 at 1:30 p.m. The trial date is set for February 13th, 2023 at 9:00 a.m. at the Limestone County Courthouse.

Sisk will remain in the custody of the Limestone County Sheriff's Department.

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RELATED: Remembering the Sisks: What family and friends want you to know

It's day two of the capital murder trial for Mason Sisk. Sisk stands before a judge and jury, accused of killing five family members in 2019 when he was 14 years old.

The courtroom was quiet as members of the jury entered for the start of Mason Sisk's trial.

Judge Chadwick Wise set the tone, sharing Sisk is facing four capital murder charges for killing his father, step-mother, and three siblings using a 9-mm pistol. His siblings were all under the age of 14.

Opening statements were made first by the State of Alabama, who began by saying Sisk said he was "fed up" with his family and the "situation."

The prosecutors say they started to see inconsistencies in his story combined with what they believe the evidence will show.

And prosecutors claim he confessed to shooting his family. A confession that the defense says was given before being read his Miranda Rights.

A defense attorney opened by saying, "I believe the evidence will show the state cannot meet their verdict."

The defense team urged the jury to, "look, listen and pay attention to everything."

And the members of the defense team said Sisk has no firearm experience and that there was no planning involved.

Testimony also began. Lisa Watkins, who once worked as a teacher with Sisk's step-mother, said she saw Sisk at school before the murder happened. 

She said he seemed troubled and she was worried about him. Watkins also added she thought Sisk's father was "degrading" towards Sisk's step-mother.

John "Gator" Patti, a friend of the Sisk family was also called to the stand. He was with the family in Florida the Labor Day weekend before the murder happened.

Patti shared his gun was missing after that weekend, the same 9-mm that was found near the murder.

RELATED: 15-year-old faces adult capital murder charges in death of 5 family members

RELATED: Remembering the Sisks: What family and friends want you to know

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