Thursday, September 7th 2017, 6:56 pm
Former Tulsa police officer Shannon Kepler went back to court today as attorneys prepare for his fourth first-degree murder trial.
Related Story 7/17/2017: Tulsa County DA Moving Forward With 4th Trial Against Shannon Kepler
Shannon Kepler's attorney filed three new motions just this morning asking to get this case thrown out.
Now, he says he's convinced the judge is trying to stall the process.
Richard O'Carroll, Shannon Kepler's Attorney, said, “This is personal, this is personal. Make no mistake."
O'Carroll is pulling out all the stops to keep his client from facing a fourth first-degree murder trial.
He filed three new motions.
One says subjecting Kepler to a fourth trial violates his basic right to fairness and due process.
Another asks for "extraordinary relief.”
O'Carroll said, "They're all in one way or another saying dump the case because he's been through too much."
Another motion filed last month asked the judge to take the "Murphy Decision" into account, which says crimes committed in Indian County, committed by a Native American, have to be tried in federal court.
The judge said she would not rule on that motion since an official decision on it is currently pending.
"The argument can be done without the 10th circuit case. The 10th circuit case bolsters the argument, but the law has been there all along." Said O'Carroll.
Now, the waiting game continues.
The state said it received the new motions just before lunch, so the judge is giving prosecutors time to respond.
"All of a sudden the state doesn't have time to do anything as if everybody in the room doesn't know what's going to happen. It's just a way to try to run out the clock." O'Carroll said.
The judge says the last thing she wants to do is prolong this trial any longer.
Those three new motions and the motion about the Murphy Decision will be discussed at Kepler's next hearing on September 29th just ten days before his next trial is supposed to start.
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