Defense Wants D.A. David Prater Removed From Pharmacist's Murder Trial

The attorney for the Oklahoma City pharmacist accused of murder filed a motion Friday, asking a judge to disqualify District Attorney David Prater from prosecuting the case against his client.

Friday, October 1st 2010, 3:07 pm

By: News 9


News9.com

OKLAHOMA CITY -- The attorney for the Oklahoma City pharmacist accused of murder filed a motion Friday, asking a judge to disqualify District Attorney David Prater from prosecution of his case and appoint a special prosecutor.

Jerome Ersland, 58, 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. Prater said Ersland exceeded his legal authority to defend himself by shooting Parker five times after his first shot rendered the teen unconscious.

The high-profile murder trial has been a legal battle between defense attorneys and prosecutors since Ersland was charged in May 2009.

A judge will set a date to hear the latest motion, which could further delay Ersland's trial.

Defense attorney Irven Box filed the motion, which stated "[Prater] compromised Mr. Ersland's right to a fair and impartial jury" by releasing surveillance video of the shooting to the media and public, and by making comments regarding Ersland's alleged guilt in the shooting.

The motion also claimed that Prater has "conducted himself in a manner...leading to the appearance of a personal stake in the conviction of Mr. Ersland."

According to Box, three members of Ersland's counsel were barred from entering the D.A.'s office.

Box also said the district attorney's office did not make Ersland's defense team aware of the extent and details of a potential conflict between a defense attorney and Judge Tammy Bass-LeSure.

In August, Judge Bass-LeSure recused herself from the case after Prater asked she be removed from the trial.

District Attorney Prater was not immediately available for comment on the motion.

Judge Ray Elliott was assigned the case in September and banned cameras from the courtroom, citing the potential for a distortion of the facts.

Ersland is scheduled to go to trial on December 6.

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