The Mark Woodworth murder case had an emergency motions hearing Tuesday in Platte County.

The defense made a motion for a Protective Order Regarding the Preservation  Deposition of Will Gibbens. This preservation deposition was called for because Gibbens is a Navy SEAL, and the court wants his testimony on record in case he is deployed or killed in action.

That motion was denied by Judge Owens Lee Hull, Jr. and will be presented Wednesday as planned. Woodworth attorney Robert Ramsey wanted the deposition postponed to a later date, claiming the State has not worked with his office.

In a 1990 statement, Gibbens reportedly said he drove Brandon Hagan, an initial suspect in the murder, to Chillicothe, the morning after the shooting. Hagan was never charged.

This will be the third time Woodworth has been tried by the state. His previous conviction was vacated by the Missouri Supreme Court in January due to inconsistencies in key evidence.