Prosecutors have asked a judge to determine whether they must turn over to Edgar Ray Killen the statements from two witnesses. Those witnesses may have linked Killen to the 1964 killings of three civil rights workers, Michael Schwerner, Andrew Goodman and James Chaney.
In recently filed court documents, prosecutors said one of the witnesses who was cooperating with the state is dead. That means his testimony cannot be admitted.
Court records say the other witness is still alive and could be called as a prosecution witness.
Since 1999, when the state renewed its investigation, the late Cecil Price, a onetime Neshoba County deputy, and Billy Wayne Posey of Meridian have given statements to authorities. They promised never to use them in court.
In court documents, the state says, "Witness A" (Price) provided information that "implicates the defendant in the murders of Schwerner, Goodman and Chaney."
The documents describe "Witness B" (Posey) as "a potential witness for the state" who can "indirectly implicate" Killen.
Price's attorney, Max Kilpatrick of Philadelphia, and Posey's attorney, Bill Kirksey of Jackson, have asked the state to not release those statements to the defense.