WEST PALM BEACH, Fla. (CBS12) — The so-called killer clown murder case will go to trial in just a few weeks.
A judge has denied a defense request for a continuance.
The defense made the request to delay the trial after they say they learned that the state had questioned a man within the past year who had at one time confessed to the murder of Marlene Warren.
The defense says prosecutors concealed for months they had a possible new suspect in this murder case.
"Here's my ruling 'cause I've heard enough. At this point in time, I'm denying the motion to continue," said Circuit Court Judge Scott Suskauer.
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Sheila Keen-Warren is accused in the so-called killer clown murder case. Prosecutors say in May 1990 she dressed in a clown costume, went to the Wellington home of Marlene Warren, gave her flowers and balloons and then shot and killed her.
Marlene Warren was the wife of Keen-Warren's alleged lover.
In court, the defense asked the judge for a continuance in the case, saying the state did not disclose for months that Ed Bahr, a possible suspect in the slaying, had recently been questioned by PBSO detectives.
"We've addressed hurdle after hurdle throughout this process and the fact that this evidence wasn't disclosed to us is you know, abhorrent," said Greg Rosenfeld, defense attorney.
"There's no accident here. This was an intentional withholding of evidence and that's why we felt like we had to come to court," said Richard Lubin, defense attorney.
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They say while he was in prison in the state of Maine for an unrelated case, Bahr had confessed to the murder of Marlene Warren.
Prosecutors say they made a good faith effort to share every bit of evidence they had with the defense as they prepare for the case.
"Ms. Keen-Warren does not want to sit in jail any longer. She doesn't want to wait until September to go to trial in this case. She wants to be tried and she wants to get out of here. She's not guilty of this and she had nothing to do with it and the evidence is so incredibly weak that we want to get to trial," Lubin told the judge during the hearing.
A prosecutor declined our request for a comment after this afternoon's hearing.
The trial is now set for June 3. One of the defense attorneys says the trial is expected to take about a month.