Robyn Little Davis and Carol Sissy Saltzman -- the two women accused of the murder of Brian Davis-- are in state district court this morning where their attorneys are trying to get the second degree murder charges against them thrown out.
The women were on trial and a jury had just been picked when Prosecutor Rick Bryant was not able to proceed due to health reasons. The defense is trying to argue that to start the trial again would violate the "double jeopardy" provision of the constitution that prohibits a defendant from being tried twice for the same crime.
The state argues double jeopardy doesn't come into play here because the jury had not yet been sworn when the trial was continued. Arguments are underway now before Judge David Ritchie.
KPLC's Theresa Schmidt is in court now. We'll have the latest on the later edition on 7News at KPLCtv.com.