TULSA, Okla. — An appeals court has affirmed a judge’s order that the attorney for a former Tulsa police officer charged in the fatal shooting of his daughter’s boyfriend provide evidence to prosecutors.
The Tulsa World (http://bit.ly/2cEvBBF ) reports that the Oklahoma Court of Criminal Appeals made the decision on Wednesday in the case of Shannon Kepler.
Richard O’Carroll, Kepler’s defense attorney, filed an appeal last week contesting Holmes’ mandate that the defense “produce any statements related to core witnesses,” however the Oklahoma Attorney General’s Office presented the appeals court Monday with a response on Judge Sharon Holmes’ behalf, detailing what has taken place since the case entered the judicial system.
“(O’Carroll’s) proposed procedure is exactly the type of ‘poker game’ approach to discovery this court no longer tolerates that (Holmes) has sought to avoid in this trial,” Assistant Attorney General Matthew Haire wrote in the response.
Authorities say Shannon Kepler, 56, shot Jeremey Lake, 19, on Aug. 5, 2014 after Lake introduced himself as Lisa Kepler’s boyfriend. Authorities also say Kepler shot at his daughter and Lake’s 13-year-old brother. Kepler has pleaded not guilty to first-degree murder and two counts of shooting with intent to kill.
This is at least the second time Kepler’s jury trial date has been set back. He had been scheduled to stand trial Jan. 11 of this year before receiving the Oct. 3 trial date during a May status hearing. Holmes said she would be able to preside over the trial Oct. 31 if jury selection doesn’t begin next week.
“Everybody’s going to have to be free if I’m able to proceed (that day),” Holmes said. She added that she didn’t anticipate receiving a response from the appeals court before Monday.
Prosecutors and Kepler’s attorneys have been instructed to make preparations as if trial proceedings would begin on Monday as scheduled. Court records indicate that Kepler will claim he shot Lake in self-defense.
Information from: Tulsa World, http://www.tulsaworld.com