As Brian Sigler awaits trial for killing his wife Yolanda almost a year ago, the court is debating about whether or not to include sexual text messages between Sigler’s wife and another man as evidence— a determining factor in whether Sigler will be tried for first or second degree murder.

Sigler, 34, of Dixon, Illinois strangled his wife Yolanda, also 34, on Jan. 12, 2013 before stabbing himself several times. The couple’s 10-year-old son found him bleeding in the bathroom and called 911. Sigler was treated for life threatening stab wounds before being booked for homicide.

Now Sigler’s defense attorney James Mertes is asking that illicit text messages Sigler found on his wife’s phone, allegedly between the victim and another man, should be included as evidence in the case.

He argued that the messages, which have been sealed by the court, are proof that Yolanda was committing adultery and that they sparked Brian Sigler’s crime of passion.

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