HOUSTON -

A judge is expected to make a decision soon about testimony that could impact the upcoming trial of a prominent Houston attorney accused of having his mistress hire a hit man to try and kill his socialite wife.

Attorney Jeffery Stern is involved in a criminal and civil trial.

The criminal prosecutor does not want a deposition in the civil court to interfere with the criminal case. The prosecutor is asking the judge to delay a deposition the civil trial of Michelle Gaiser. She is accused of hiring three hit men to kill her lover's wife, Yvonne Stern.

Yvonne Stern is suing Gaiser in civil court for her injuries.

"The plaintiff in the case of Yvonne Stern vs. Michelle Gaiser, filed a request to take Michelle Gaiser's deposition in the civil case. We are just asking that the depositions be postponed until after the criminal cases are done," said prosecutor Kari Allen.

"It's very shocking that the DA has aligned herself with the killer to be in this case. It's something I've never seen before. It's so unusual for her to opposed the victim in her case," said Chip Lewis, Yvonne Stern's attorney.

Bellaire attorney Jeffrey stern is facing criminal charges, accused of planning the murder for hire scheme. Stern is accused of having his former mistress, Michelle Gaiser, hire three hit men to kill his wife.

Jeffrey Stern has denied knowing anything about the plan to kill his wife of nearly 20 years.

Gaiser is cooperating with prosecutors.

Jeffrey Stern's trial is expect to start in late July.