By Associated Press - Saturday, November 29, 2014

LEXINGTON, Ky. (AP) - A southern Kentucky man facing a possible death sentence in the death of a federal informant claims the FBI improperly tried to interview him in jail.

Attorneys for Gerald Lee “Jerry” Sizemore want a judge to order the government to turn over any evidence related to attempts to interview their client in the Grayson County Jail on Nov. 10.

Sizemore’s lawyer, Kent Wicker, says the attempted interview violated his client’s right to have counsel present at any meeting with law enforcement.

U.S. District Judge Amul Thapar has set a Dec. 1 conference call about the allegations.

Sizemore and Jimmy D. Benge are charged with conspiring to kill Eli “Big Eli” Marcum in December 2012. Prosecutors say the pair killed Marcum in Clay County because he gave information to federal investigators about a drug pipeline from Florida.

Wicker filed a motion saying FBI agents went to the central Kentucky jail where Sizemore is being held and asked that he be brought to the attorney meeting room and told Sizemore his lawyer was waiting for him.

Wicker said the agents then asked Sizemore about an allegation that he threatened a prosecutor in the case, even though the charge had been disproven by the time of the interview.

Sizemore ended the interview a short time later. Wicker said as FBI agents left, one told Sizemore, “We’ll be watching you.”

Along with any documents of the meeting, Wicker wants Thapar to order prosecutors to produce any paperwork showing what prompted the visit to the jail.

Prosecutors did not immediately respond to Wicker’s motion.

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