Defense Attorney Wants New Judge Removed From Oklahoma Pharmacist's Trial

Adrianna Iwasinski, News 9

OKLAHOMA CITY -- Another development in the case against an Oklahoma City pharmacist accused of using excessive force in the shooting death of a teenager who tried to rob his store.

In a surprise move Tuesday, the defense team asked the new judge, Oklahoma County District Judge Ray Elliott, to remove himself from the trial. The request was made during a private, closed-door meeting with the judge, the district attorney's team, and the defense team.

Attorney Irven Box would not say why he asked the judge to recuse himself, but said it would be revealed during the public hearing that is yet to be scheduled. District Attorney David Prater said he was not made aware of any motion until he showed up in chambers. He said rules prohibit him from discussing what happened behind closed doors.

The hearing that was scheduled to be heard Tuesday -- the defense request to have Prater thrown off the case -- was put on hold as a result of this new motion request.

Judge Elliott did not recuse himself and has given the defense team until this Friday, Nov. 12, to submit its motion. Both the prosecution and defense are scheduled to go before Judge Elliott on Monday, Nov. 15, at 1:30pm.