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Judge pushes Shannon Kepler's third trial back until Tuesday

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TULSA -- Shannon Kepler was set to stand trial for first-degree murder for the third time Monday.

Judge Rebecca Nightingale pushed the trial back until Tuesday.

Defense attorney Richard O’Carroll is trying to have Judge Sharon Holmes removed from the case, calling it the most high profile case in the county right now.

Judge Nightingale denied a request by O’Carroll Friday to remove the judge.

Judge Nightingale granted the defense a one day stay in the case. Jury selection in the trial will begin at 9 a.m. on Tuesday after a request for a longer stay was denied.

O’Carroll said Kepler is being subjected to a “pervasive antagonistic environment” by Judge Holmes.

He also said he heard from another attorney that Judge Holmes said she would not hear this case for a fourth time. Defense attorneys worry that means the case will definitely be decided this time and O’Carroll fears it will be at the expense of his client based on the “judge’s behavior.”

Judge Nightingale said there are several scenarios that could put an end to this case that would not be at the defendants expense, including Kepler found innocent, Kepler found guilty or another mistrial. She said if Judge Holmes in fact did not want to hear the case a fourth time, she could pass it to another judge.

District Attorney Steve Kunzweiler said they are ready to move forward with the case.

Kepler is facing a first-degree murder charge in the shooting death of his daughter’s 19-year old boyfriend, Jeremy Lake.

This is his third time going to trial. The previous two have resulted in mistrials. 

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