An original person of interest, Sheila Warren, 56, was charged after detectives used DNA evidence to make what they called a cold case breakthrough.
Warren is represented by a private legal team led by Richard Lubin, who previously informed the court that Michael Warren has paid $90,000 toward the lawyer's fee for the case.
Lubin told the court in April that his client's husband "has been unable to pay the agreed upon fee in full to date and has no financial ability to pay the costs associated with the case, specifically the depositions" of 102 witnesses.
This prompted the state to examine Warren's true worth.
They said they found Warren and her husband control a "substantial amount of cash," with a sum of $319,000 in Michael Warren's bank accounts as of July 31.
Prosecutor Fernandes wrote there are "no valid rationalizations, justifications or excuses" for Sheila Warren claiming she can't afford her legal bills.
He noted that Florida courts in the past have ruled that signing money over to a spouse can't "create" or classify someone as poor.
"The Defendant has deliberately abused State's funds through knowingly and intentionally falsifying her application in order to seek status as being indigent," Fernandes wrote.
The prosecution wants Circuit Judge Joseph Marx to revoke Warren's indigency status and force her to repay the state. Lubin said he was not ready to respond to the allegations.
"We're going to do an investigation," Lubin said, as Warren listened from her seat in the courtroom.