Judge Rules DA Can Subpoena Pharmacist's Military Records

By Amy Lester, NEWS 9

OKLAHOMA CITY - The Oklahoma pharmacist charged with murder was the center of a debate in court again Thursday over access to his military records.

Jerome Ersland's lawyers, for the second time, argued to prevent the prosecutors from getting Ersland's military records from the government. And for the second time, the outcome was not the one they wanted.

Jerome Ersland to not appear in court, but his lawyers and District Attorney David Prater stood before the judge.

"One of the things as a defense attorney, I certainly don't want to proceed with and give anybody anything about my client unless I know what's there in the records and I don't know. Without knowing, I will object to them," said Irven Box, Ersland's lawyer.

Ersland's lawyers believe the release of his military records, which include health records, violate Ersland's constitutional right against self-incrimination.

"The concern is the unknown. I don't know what's in the records. I don't know what the basis is," Box said. "The state just said it blanketedly wanted the records. They must have a reason for it and I'm going to assume they're not asking for the records to help our case."

Distract Attorney David Prater insisted the military documents belong to the government, not Ersland, and repeatedly called the defense's arguments absurd. In the end, the judge ruled in favor of the state, saying the DA can subpoena the records from the government.

"We will appeal her decision to the court of criminal appeals. We'll do that. We have until the 24 and we'll wait for a ruling from the court," Box said.

Judge Tammy Bass-Lesure even mentioned the likelihood of an appeal. She said "I'm not going to say I couldn't be wrong, because I could be. That's why you have the appellate right."

Jerome Ersland will be arraigned on June 26.

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