Mark Sievers, on Florida's death row for wife's murder-for-hire, seeks files 'destroyed' by Ian
While Mark Sievers sits on death row for the 2015 killing of his wife, his attorneys say Hurricane Ian destroyed evidence that he believes could help keep him alive.
Mark Sievers, 55, on death row for the murder-for-hire of his wife, Teresa Sievers, 46, on July 13 filed a motion asking that his trial counsel, Michael Mummert and Gregory Messore, hand their trial records to the Capital Collateral Regional Counsel Middle District, which assists inmates on death row.
Mark Sievers on April 5 switched his case to Capital Collateral Regional Counsel for the Middle District after a "conflict" with the respective Southern District, according to the motion.
In the motion, Mark Sievers alleges that under law, Mummert and Messore are obligated to provide postconviction counsel a copy of their original file within 45 days of appointment of postconviction counsel.
According to the July 13 motion, Mark Sievers' postconviction counsel reached out to Mummert and Messore "in attempts to obtain these records."
Mummert said Hurricane Ian destroyed the majority of his records in a box, the motion says. It includes 113 pages of case law notes, opening statement notes, closing statement notes and cross-examination of Curtis Wayne Wright, the man convicted of murderer-for-hire in Teresa Siever's death.
Similarly, Messore said he couldn't provide anything due to the storm destroying "all of his files." Hurricane Ian struck Southwest Florida on Sept. 28 as a Category 4 storm, creating massive flooding and leaving homes without power for weeks.
It's unclear if Mark Sievers' trial attorneys would face penalties for not handing over the evidence.
Capital Collateral said in the motion that through their investigation they learned that the attorneys had several hard drives, as well as a DropBox or Google Drive account, "which contained the entire case file."
Assistant State Attorney Cynthia Ross told Capital Collateral that all discovery was shared electronically, the motion says. Mummert hasn't replied to Capital Collateral since it inquired about the electronic files.
"There is no indication that these cloud-based drives would have been rendered inaccessible subsequent to Hurricane Ian," the motion read in part.
Capital Collateral counsel Megan Montagno, Julissa Fontan and Nicholas Bedy allege that without the trial counsel records, Mark Sievers can't fully investigate all claims available to him if he's unable to obtain the files.
Mummert and Messore didn't respond to requests for comment. The State Attorney's Office declined comment.
Mark Sievers' initial death row appeal was denied last year.
The Florida Supreme Court on Feb. 3 affirmed his sentence and conviction.
A jury convicted Sievers on Dec. 4, 2019, in the slaying of Teresa Sievers, a Southwest Florida doctor.
On June 28, 2015, Teresa Sievers left a family vacation and returned alone to her Bonita Springs home.
After she pulled into the garage, retrieved her luggage and walked into the house, Wright and Jimmy Ray Rodgers beat her with hammers.
Lee Circuit Judge Bruce Kyle sentenced Rodgers to life in prison, convicted of second-degree murder and trespassing by a Lee County jury in October 2019.
On Feb. 10, 2020, Kyle sentenced Wright to 25 years for his role in the murder after he pleaded guilty.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran, Facebook @tomasrodrigueznews and Twitter @TomasFRoBeltran.
This article originally appeared on Naples Daily News: Florida death row inmate Mark Sievers asks for release of case files
