Yesterday the State Attorney’s office filed a notice that they intend to seek the death penalty against Jimmy “The Hammer” Rodgers and Mark Sievers for the death of Sievers’ wife Theresa. That the state intends to seek the death penalty is not altogether surprising, as there are potentially several aggravating factors present that could justify the death penalty if proven, including the brutal nature of the killing, that it was premeditated, and that it was done for financial gain. On the other hand, the State has been unsuccessful in the last several attempts to seek the death penalty in Lee County.
To further complicate matters, the death penalty is very much in flux in Florida. Florida just amended its death penalty procedure, after the previous procedure was rejected by the Supreme Court in the Hurst decision. The new procedure, which increases the number of jurors that must vote to recommend the death penalty to 10 of 12, instead of unanimously, has already been rejected by some circuit-level judges. That matter will certainly be reviewed by the State Supreme Court.
This also means that Mark Sievers will have to get another attorney on his legal team, as his current lawyers are not death-penalty qualified. They can still represent him, but he will need a death penalty lawyer to join the team. Also keep in mind, the State has flipped Siever’s friend Curtis Wright to have him testify in the other prosecutions.