West Virginia Circuit Judge Ronald E. Wilson will hold a closed-door hearing Tuesday night on a motion filed by the defense attorney for one of two defendants in the Steubenville teen rape trial.

Walter Madison, working with attorneys licensed in West Virginia, petitioned the West Virginia State Supreme Court for a review of a ruling Wilson made last week that effectively blocked the testimony of three material witnesses, all juveniles from West Virginia, in the trial.

The hearing is scheduled for 8 p.m. Tuesday.

The testimony of those witnesses was expected to bolster the defense argument that the sexual activity in question was consensual.

On Friday, Wilson ruled that because the case was being heard in juvenile court in Jefferson County, it is not a criminal trial and therefore, he could not compel those juvenile witnesses to testify.

The emphatic four-page ruling included a declaration by Wilson that ended in an exclamation point: "The proceeding in Ohio is not a criminal prosecution -- it is a juvenile delinquency proceeding!"

Adam Nemann, who is representing one of the two teens on trial said Wilson's ruling excluded testimony that is crucial to the defense.

"They're crucial because they (the witnesses) have a great deal to do with the issue of consent," Nemann told NEWS9. "A couple of the witnesses in particular were best friends of the accuser."

Nemann asked visiting Judge Thomas Lipps to dismiss the case or come up with another remedy for the defense's concern about the loss of those witnesses, but as of Tuesday night, the case is still set to begin Wednesday morning in Steubenville.

The second teen defendant broke his media silence Tuesday in an exclusive interview with ABC News anchor Elizabeth Vargas.

Part of that interview included questions about a controversial photograph that showed the two defendants carrying the accuser by her wrists and ankles.

The teen told Vargas the picture was taken as a joke.

"So you just grabbed her and that was, like, a fun picture that you took?" Vargas asked.

"Well, after that, I didn't think it was funny," the teen responded.

"In the moment, this was like a joke picture," Vargas asked.

"Yes ma'am," the teen responded.

"So you weren't carrying her out?" Vargas asked.

The teen responded, "No, ma'am."

Visiting Juvenile Judge Thomas Lipps will hear testimony beginning Wednesday morning at 10:30. He will decide whether the two juveniles on trial are delinquent and will be remanded to state juvenile custody until their 21st birthdays.

The judge has allowed one camera in the courtroom and all broadcast media will share that audio and video feed. Under juvenile court rules, witnesses may opt out of being recorded, at which point the judge will order the feed to be shut off.

The judge has also blocked reporters from using cellular phones or other electronic devices during the trial, so social media reporting will be restricted to areas outside the Jefferson County Justice Center.

Stay with NEWS9 and WTOV9.com for continuing coverage.