Sun Sentinel Palm Beach Edition
Accused killer clown may not be put to death
For over two years, prosecutors said they wanted to seek a death sentence for Sheila Warren in South Florida’s three-decade-old killer clown case.
But now they are likely to drop their capital punishment pursuit, with the trial drawing closer.
The Palm Beach County State Attorney’s Office would still pursue a firstdegree murder conviction, which carries an automatic life in prison sentence.
They didn’t say what’s behind the change in strategy in their most high-profile case, only that a final decision will be made before a Feb. 20 hearing.
“My office is in the process of a reevaluation on this,” Assistant State Attorney Reid Scott told Circuit Judge Joseph Marx on Tuesday.
Warren, 56, is charged in the May 26, 1990, shooting death of Marlene Warren, 40, in Wellington. The
women were not related, but the victim’s husband later married Sheila Warren.
According to witnesses and investigators, Marlene Warren opened the door and greeted a person wearing an orange wig, a red bulb nose, gloves and a smile painted on white makeup. The clown — holding two balloons and flowers in one hand and a pistol in the other — fired a bullet into the victim’s face.
Cold case detectives said new DNA evidence led to the fall 2017 grand jury indictment of Sheila Warren, who was a person of interest soon after the slaying. State Attorney Dave Aronberg quickly announced his office would seek the death penalty.
Prosecutors then listed two factors for a jury to consider when deciding whether to recommend death. First, the crime was committed in a “cold, calculated and premeditated manner,” and second, that the killing was done for a financial reason.
They don’t have to give any reasons for backing down.
Decisions by prosecutors to seek the death penalty typically come down to an evolving analysis about the strength of the case, said retired homicide prosecutor Bob Dekle of Lake City.
“You should seek the death penalty only in cases where not only does the defendant deserve it, but you can persuade a jury to recommend it, a judge could impose it, and have the reviewing courts uphold it,” said Dekle, also a professor emeritus with the University of Florida’s law school.
When he tried death penalty cases in the state’s 3rd Judicial Circuit, he said his office broke it down to three thresholds that needed to be met.
First, is the case “death eligible,” meaning is there at least one legal reason to support it, such as the crime being heinous, atrocious or cruel?
Second, is the case “death attainable,” meaning there is a high probability for a jury to recommend a death sentence and a judge to agree?
Third, is the case “death sustainable,” or able to overcome vigorous appeals to overturn it?
“I put a number of people on Death Row that were able to wiggle off, because it wasn’t death sustainable,” Dekle said.
He taught lawyers to remember that in order to reasonably seek the death penalty you have to have “all the vowels.” This means A for an atrocious crime, E for egregious or shocking facts, I for an innocent victim, O for an odious or repulsive defendant, and U for undeniable guilt.
Scott, the prosecutor, said his office is reconsidering other pending death penalty cases along with Warren’s.
No one has been sentenced to death in state court in Palm Beach County since 2002, though prosecutors have tried repeatedly.
Richard Lubin, attorney for Warren, told reporters Tuesday he never thought it reached the level of a death penalty case. He said he’ll be pleased to focus only on fighting for his client’s acquittal, rather than also preparing a case to save her life.
“It’s one less trial you have to prepare for,” he said.
But when the trial actually starts also is in doubt. For now, jury selection is scheduled to begin May 29, and the lawyers say it will go a lot quicker if the death penalty is off the table.
But Lubin, with co-counsel Greg Rosenfeld, cited continuing difficulties with trial preparation and interviewing witnesses because the shooting happened 30 years ago.
The latest obstacle is a vision disability afflicting the lead detective who is long retired.
“His police report is hundreds of pages and he can’t read it,” Lubin said, noting that the lawyers are still trying to arrange accommodations for a pre-trial interview.
Lubin also said he has scheduling conflicts with two other clients facing federal court trials around the same time.
Judge Marx said he blocked off all of June for Warren’s trial, but will be flexible if a delay is necessary.
“I’m not trying to force this case to trial,” he said. “If the case is not ready, it’s not ready.”
Marx also said he is transferring to another division in early July, and he doesn’t know which judge is taking over.
As Warren listened from the defense table, Lubin said she wants the judge to know that she is tired of waiting in jail for her day in court.
“Sheila would like this case tried, and so would we all,” he said, later adding, “She’s ready to come to court to be exonerated.”