Judge Upholds Subpoena of Pharmacist's Military Records

By Jennifer Pierce, NEWS 9

OKLAHOMA CITY -- A judge overruled a motion Wednesday to stop Oklahoma County prosecutors from subpoenaing the military records of a pharmacist charged with murder after shooting a would-be robber.

The judge overruled the defense's motion to quash the subpoena for Jerome Ersland's military records.

Ersland was charged with murder last month after he shot back at two would-be robbers on May 19 at a south Oklahoma City pharmacy. Prosecutors say Ersland exceeded his legal authority to defend himself by shooting 16-year-old Antwun Parker five times after a first shot rendered the teen unconscious.

Attorney Irven Box objected the subpoena saying the records could contain privileged information about Ersland.

"First, we don't know what's in those military records. I don't know if there are statements my client has made that might incriminate him some way," Box said.

Box said the records also contain Ersland's medical history, he argued the release of that information would go against HIPPA law.

He isn't sure what the military records have to do with the events that happened at Reliable Discount Pharmacy.

"I think this is something by the state trying to build up something more to try and show they had a reason to file the case," Box said.

But the judge is allowing the prosecution to subpoena the records based on case law. However, Box wants to be the first to see Erland's military history, which is why he plans to appeal the judge's decision.

"Gave us two weeks to go to court of criminal appeals to reverse the position and get court of criminal appeals to prohibit her from allowing this subpoena," Box said.

The judge also said she needs more time to review the law. She said if there is information that incriminates Ersland, then the cats out of the bag and the state can't forget that information. Ersland's arraignment hearing is set for June 26.