Episode 3 / Motion to Dismiss

In this episode, we explore other theories about who the killer clown might have been. And we'll hear from the Defense as they are entering a Motion to Dismiss.

That motion hangs largely on what the Defense calls deceptions and delays, attempted "tactical advantages" from the state.

Like how the state didn’t turn over evidence it had for years- that was located in, of all places, a box at the State Attorney’s Office. The box contained a folder called "Clown Sightings."

Lawyers wrote in the motion to the court that evidence "mysteriously appeared five years after Ms. Keen-Warren's arrest and nine days before her [first scheduled] trial."

The motion claims Keen-Warren needs the information from the file for a fair trial under the 1963 Brady v. Maryland case in which the Supreme Court ruled the prosecution must give the defense all evidence that might exonerate the defendant.

The defense says the “file contains clown sightings and citizen leads from the day of Marlene Warren's murder...the State maintained it did not have the file for more than three years, and lead detective Paige McCann refused to look."

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The motion goes further, “the State did not dispute the requested information constituted Brady material but instead claimed without evidence it did not have the information and materials that the Defendant requested, even though the defense provided the court with transcripts from Detective McCann's depositions where she conceded that she did nothing to locate this file." (The word "nothing" was underlined in the motion.)

“The State’s job is to ensure justice, not to secure a conviction. We’re interested in seeing what other evidence is out there, and we’re going to continue to fight for Ms. Keen-Warren’s freedom,” Attorney Greg Rosenfeld said.

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