The prosecution is changing their strategy for the fourth murder trial of former Tulsa Police Officer Shannon Kepler.
Prosecutors spent the day interviewing the officers and first responders that worked the scene the night of the shooting. So far, every officer has said they did not see a gun on or around Jeremey Lake's body.
That testimony is problematic for the defense because Kepler's attorneys say that he only pulled the trigger because Lake pulled a gun on him.
Defense attorney Richard O'Carroll did ask one officer if there was a chance someone could've removed items from the scene before their unit got there and she said it was possible.
O'Carroll acknowledged that the state is taking a different approach this time by saving key witnesses like Lisa Kepler for the end.
“Well, they’re going about it in a different way. I really don’t know if it’s gonna benefit them or not. It’s still gonna come down to the credibility of three or four witnesses…that’s kinda the way it’s always been,” O’Carroll said.
The defense also pointed out the fact that police didn't try to get surveillance video from David L. Moss until six days after the shooting, but apparently the jail clears video every five days.
David L. Moss is close enough to the crime scene that the defense felt it could have been evidence-worthy video.
We are still waiting to hear testimony from Lisa Kepler. She is Shannon Kepler’s daughter and was dating Lake when he was shot.
As other witnesses continue to take the stand, Kepler's attorneys are asking the judge to make some decisions about what can be said in court.
O'Carroll filed a couple of motions Friday morning - one asking the judge to allow him to present character evidence and examples of bad behavior by Lake in the past.
The judge denied that motion.
The other motion asked the court to limit the amount of hearsay in Lisa Kepler’s testimony. No ruling has been made on that motion.