D.A. Responds to Pharmacist's Attorney Filing Request for Removal from Case

News9.com

OKLAHOMA CITY -- Oklahoma County District Attorney David Prater is responding to a motion, filed by the defense attorney for an Oklahoma City pharmacist facing murder charges, requesting the D.A. be disqualified from the case.

"The defendant's motion is baseless and I look forward to arguing the motion before Judge Elliott when it's set," Prater said.

Oklahoma City pharmacist Jerome Ersland's defense attorney Irven Box filed the motion Friday, 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."

Box also said three members of Ersland's counsel were barred from entering the D.A.'s office. Prater said the reason that was done was to ensure safety in his office.

"My duty as an employer is to maintain a safe working environment for my employees. These three attorneys (Irven Box, Jeff Box, and Joe Reynolds) have repeatedly made inappropriate and unprofessional comments to a female Assistant District Attorney while in the courthouse," Prater said.

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

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.

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.

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

Former Oklahoma County District Attorney and current Dean of OU Law School Andy Coats said the move to bar attorneys from the D.A.'s office is not common but certainly not unprecedented. He also said in his opinion Prater needed to show the public the video to help understand why charges were being filed. Coats added in his many years in law he can't remember a judge ever agreeing to a motion to disqualify.

Ersland is scheduled to go to trial on December 6. Judge Ray Elliott is expected to set a date to hear this latest motion, perhaps by the end of the month.

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

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