Day 5: State rests case, judge denies motion for mistrial

The trial will resume on Monday, Sept. 19 at 8:30 a.m.
Day 5: State rests case, judge denies motion for mistrial
Published: Sep. 16, 2022 at 8:24 AM CDT

LIMESTONE Co., Ala. (WAFF) - For the second day in a row, jurors were asked to return to the courtroom early as another long day of testimony is expected.

Special agent with the Alabama Law Enforcement Agency (ALEA), Jamie King, took the stand on Friday morning. Before joining ALEA, King was with the Limestone County Sheriff’s Office for nearly a decade.

While looking at aerial photos of Sisk’s neighborhood, King identified where he found a gun in a ditch nearly a mile from the Sisk home. The gun was identified as a Smith & Wesson 9 mm handgun.

According to our reporters in the courtroom, King said the gun appeared to be in working order when it was found. King also said the gun was taken as evidence with the magazine empty and a bullet in the chamber.

King said the magazine of that handgun can hold up to eight bullets.

According to our reporters in the courtroom, a video of former Limestone County Sheriff Mike Blakely and Limestone County investigator Johnny Morrell interviewing Mason Sisk was played.

The video began with Blakely speaking with Mason Sisk. Mason Sisk’s hand were tested for gun residue as he spoke to Blakely and Morrell. Mason Sisk said he had been handling bullets while with his uncle in Florida earlier that day.

In the video, Mason Sisk is read his Miranda Rights by Blakely. According to our reporters in the courtroom, after being read his Miranda Rights, Mason Sisk confessed to the murders. Mason Sisk said he didn’t want the children growing up in an abusive environment like he had.

It was discussed by the attorneys and the judge on Thursday about the possibility of a mistrial. The defense entered a motion for a mistrial due to a chain of custody issue.

The state said they were waiting for the FBI to gain access to John and Mary Sisk’s phones. It was argued by the defense that it is too late in the trial to introduce new evidence and the judge ruled if exculpatory evidence is found on the phones, a mistrial will be called.

Limestone County District Attorney Brian C.T. Jones was told by FBI agents on Wednesday night that agents finally unlocked Mary Sisk’s phone after three years.

WAFF's Megan Plotka reporting

The defense argued that Jones didn’t follow the open file policy and wanted the judge to declare a mistrial if the state can’t produce a chain of custody for the phone.

The judge said he’ll only consider a mistrial if there is evidence proving Mason Sisk’s innocence on the phone. The trial will continue as planned if exculpatory evidence isn’t found.

For the past few days, the jury has been shown graphic videos and photos related to the murders.

Investigator Caleb Durden testified on Thursday about the crime scene photos he took. One particular photo was shown of small plastic bags and a digital scale that was found in the basement of the home. Matt and Angie Patti testified earlier this week that John Sisk had been hiding drugs in the home.

Matt and Angie Patti also testified that John Sisk treated Mary Sisk poorly.

The state has rested its case and will not call on any more witnesses.

The jury has now heard two pieces of evidence, a confession from Sisk in text messages from his former girlfriend and an interview with Sheriff Blakely and Sheriff Morrell.

The fifth day of the trial concluded with Judge Chadwick Wise denying the motion for a mistrial. The defense has asked for more time to schedule witnesses, they were under the impression the prosecution would go through the day.

The sixth day of the trial will continue on Monday at 8:30 a.m.