Defense in Pharmacist Murder Trial Wants District Attorney Dismissed

By Adrianna Iwasinski, NEWS 9

OKLAHOMA CITY -- The judge presiding over a high-profile murder case of an Oklahoma City pharmacist has recused herself from the trial. Now in light of recent events, the defense wants the District Attorney removed from the case.

District Attorney David Prater asked for the removal of Judge Tammy Bass-LeSure from pharmacist Jerome Ersland's murder trial. 

When asked about why she chose to step down from the case, Judge Tammy Bass-Lesure said, "I just think that justice should be served in this case and I want everyone that appears before me to get a fair trial. I have been on this bench 12 years. This has been my career and my life and I feel that both the state of Oklahoma as well as Mr. Ersland deserve that. I don't want anyone, anyone rich, poor, black white, green, Hispanic to ever think they can come into my courtroom and not receive a fair trial."

Ersland's defense attorney Irven Box and District Attorney David Prater met back in court at 2 p.m. to decide whether to appoint a new judge in the case.

When asked about what Judge LaSure stepping down does for the trial, D.A. Prater simply said, "Don't know."

When asked if he was trying to intimidate anyone, Prater said, "That's not the way we operate."

Box said Prater met with Chief Judge Patricia Parish and Judge Tammy Bass-LeSure Monday about the switch and said he believes the defense should have been included in those hearings. They were just made part of it Tuesday. Moreover, he said this case is turning personal.

"I've practiced 40 years and I don't like to have personal things involved in cases, but in the last two weeks two lawyers on our defense team have been personally attacked by the state," Box said. "And my experience has taught me that two things happen when they personally attack, one, that means that they've got a really bad case and they're really striving really hard to convict someone and that's exactly what we think's happened in this case. And, for some reason, they're trying madly to try and convict Jerome Ersland, even intimidating a judge to get her off the case."

Box said the defense will ask to have the District Attorney removed for prosecutorial misconduct based on meetings held with the judge and the D.A., but without the defense present. Box also said Judge Bass-LeSure ruled motions made after July 22 need to be reheard by the new judge.

"I wish she had not stepped down," Box said. "I feel she was intimidated."

Judge Ray Elliott will now be the judge assigned to the case.

Pharmacist Jerome Ersland is charged with first-degree murder in the May 2009 shooting death of 16-year-old Antwun Parker inside Reliable Discount Pharmacy in south Oklahoma City. Ersland shot Parker during the attempted robbery.

*Irven Box also serves as NEWS 9's legal analyst.

More:

• Attorney: District Attorney Wants to Remove Judge from Pharmacist's Murder Trial
• Judge Denies Motion to Dismiss Murder Charges Against Oklahoma City Pharmacist
• Interim Chief M.E. Releases New Report in Pharmacy Suspect's Death
• Pharmacist's Attorney Says New Details Won't Affect Murder Case Strategy