DENVER (CBS4)– The question of whether a crime scene was accessible before it should have been could play a role into an arson homicide case that left five people dead and three suspects in jail.

Dexter Lewis, Lynell Hill and his brother Joseph Hill all face 10 counts of murder as well as robbery and arson in the killings of four women and one man Oct. 17.

READ MORE: Ryan Yarwood Arrested After Eluding Police In Stolen Vehicle

Police said the trio killed five people then set fire to Fero’s Bar and Grill. Robbery is believed to be the motive.

Defense attorneys asked for access to the bar last week but prosecutors stated today in court that the property had already been released to the owner, although they didn’t say when.

(credit: CBS)

That means the defense could argue evidence in their case has been jeopardized.

READ MORE: Concessionaires Looking To Fill Thousands Of Open Positions At Denver International Airport

Today Lewis, 22, Hill, 24 and Joseph Hill, 27, were formally advised of the charges against them. Each faces five counts of first degree murder, five counts of felony murder, five counts of aggravated robbery and one count of first degree arson.

Young Fero, Teresa Beesley, Kellene Fallon, Daria Pohl, Ross Richter were killed in Fero’s Bar & Grill on Oct. 17. (credit: CBS)

Those killed include the owner of the bar, Young Fero, Teresa Beesley, Kellene Fallon, Daria Pohl and Ross Richter.

Family and friends of the suspects were in court Friday morning for the hearing.

Lewis’ mother cried in the courtroom after her son turned to her and mouthed “I love you.”

MORE NEWS: What Is Sweetwater Lake, A 'Hidden Gem' That's Soon-To-Be Colorado's 43rd State Park?

The suspects are scheduled to appear in court for their preliminary hearing on Feb. 22.