A judge began hearing arguments from lawyers Monday afternoon. On Tuesday as the hearing wrapped, the judge announced he will take arguments under advisement and rule out of session.
Police charged 19-year-old Aadil Khan with first-degree murder in December 2008, but Kahn later made a plea deal to testify against co-defendant Ryan Hare in the case.
Last week, a judge sentenced 19-year-old Hare to life in prison. He was the first of four teens to go to trial for 18-year-old Matthew Silliman's murder. A jury found him guilty on all the counts against him, including first-degree murder and conspiracy to commit first-degree murder.
Prosecutors argued that Hare masterminded a plot to kill Silliman. Hare's girlfriend, 19-year-old Allegra Dahlquist, testified against Hare as a part of her plea deal. She has not been sentenced yet.
The fourth defendant, 18-year-old Drew Logan Shaw, has not gone to trial. Like Dahlquist, Shaw testified against Hare. However, he does not have a plea deal and his trial date has not been set.
Khan also agreed to testify in exchange for pleading guilty to second-degree murder, but he never took the stand.
Prosecutors want the judge to revoke the deal and take Khan to trial. They say that his memory of events has changed and he has not cooperated with prosecutors.
For their part, defense attorneys say Khan always told prosecutors what he remembered and even shaved his beard for Hare's trial, which they say is not the behavior of an uncooperative witness.
The judge will rule on the motion by written order, but that ruling is not expected this week.
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