The couple, appearing drained and stoic, listened as Circuit Judge Walter Heinrich directed them Friday to talk to investigators and then scheduled a hearing for Tuesday to decide whether to jail them.

``The last thing I want to do is put these people in jail,'' Heinrich told the Porters' attorney, Ralph Fernandez. But, he added, ``I would do it if I have to.''

James and Lillian Porter did not talk to reporters after Friday's hearing, which was prompted by a motion from the Hillsborough State Attorney's Office to compel their cooperation in connection with the investigation into the hit-and-run accident March 31. Brothers Bryant Wilkins, who was to turn 14 two days later, and Durontae Caldwell, 3, were killed. Siblings Aquina Wilkins, 8, and Lajuan Davis, 2, were injured in the accident on North 22nd Street and are recovering.

The Porters' 28-year-old daughter, Jennifer, has admitted, through her attorney, that she was driving the 2000 Toyota Echo that struck the children that night. Charges have not been filed.

Though not giving specific information about why the couple won't answer questions or what information prosecutors are seeking, Fernandez told reporters, ``I am sure that you can understand how no one would like to testify about facts relating to their own daughter, and that goes without further explanation.''

Although Fernandez said the Porters are prepared to go to jail, he held out the possibility that a compromise could be reached before Tuesday. He said there are several options available, but he did not elaborate.

Jennifer Porter's attorney, Barry Cohen, has said she will talk to investigators as soon as she feels emotionally able.

The Porters, who live in Land O' Lakes, were subpoenaed to meet with investigators at 11 a.m. Friday at the state attorney's office in Dade City, which Prosecutor Kim Seace said was arranged because it is closer to their home than the Hillsborough State Attorney's Office.

Instead of appearing, the couple hired Fernandez, who contacted Seace and said the Porters would not answer questions, invoking their Fifth Amendment right not to incriminate themselves.

The Porters and Fernandez then went to Seace's office, where they were informed the subpoena gave them ``use immunity,'' meaning anything they said could not be used against them.

Consequently, as Seace informed Heinrich, the Porters were told they have no right to refuse to make statements.

WFLA, News Channel 8, reporter Samara Sodos contributed to this report. Reporter Elaine Silvestrini can be reached at (813) 259-7837.