Judge Issues Gag Order for Ersland Competency Hearing

Oklahoma County prosecutors have asked a judge not to allow the press to cover the competency hearing of a pharmacist who shot a would-be robber to death last year.

Friday, April 23rd 2010, 11:53 am

By: News 9


By Dave Jordan, NEWS 9

OKLAHOMA CITY -- Members of the press have been barred from what should have been an open competency hearing for accused murderer Jerome Ersland.

He's the pharmacist accused of using excessive much force killing would-be robber Antwun Parker.

Initially it was believed it was Ersland's attorney, Irven Box, who asked for the closed hearing, but it turns out that was a request of District Attorney David Prater.

When asked why he asked for the court to be closed to the press, Prater answered:

"To protect the rights of the defendant, and the judge has ordered us a gag and not speak of anything that happened in the courtroom so I'm not able to make a comment at this time," Prater said.

When asked, "Isn't it up to the defense attorney to protect the defendant?" Prater answered, "Good question isn't it?"

That was one of several questions that went unanswered Friday morning after Judge Tammy Bass-Lesure honored the request of D.A. David Prater and closed her courtroom to the media.

For two hours, in front of an empty gallery, prosecutors and defense attorney Irven Box discussed highly sensitive information relating to Jerome Ersland's competency. Once the hearing was over, we still weren't able to get information, thanks in large part to prosecutors.

"The state asked that there be a gag order about any issues and the judge sustained that and we can't talk about the issues that were discussed in this case," Box said.

Prosecutors had requested the competency hearing after watching surveillance video of Ersland fatally shooting a suspected robber multiple times last year. At the time, D.A. Prater charged Ersland with first-degree murder alleging his behavior was excessive.

The point of a competency hearing is to determine whether a suspect is mentally able to stand trial. While the answer to that as it pertains to Ersland is unclear, prosecutors did confirm that his trial will go forward.

NEWS 9 petitioned along with other news media in Oklahoma City to allow cameras in the courtroom for Ersland's trial. Judge Tammy Bass-Lesure granted NEWS 9's request to allow a camera in her courtroom for Ersland's trial, which is slated to begin June 21.

Attorney Irven Box also serves as NEWS 9's legal analyst outside of this case.

More on News9.com:

- New Evidence Raises Questions in Pharmacist's Case
- Judge Grants Permission for Pharmacist's Trial to be Televised
- Teen Pharmacy Robber Killed by Additional Shots
- Pharmacist Did Not Enter Plea During Arraignment
- Judge Upholds Subpoena of Pharmacist's Military Records
- Pharmacist Charged With Murder Returns to Work
- Pharmacist Defends Actions on National TV
- More Charges Filed in Pharmacy Shooting
- Judge's Life Threatened Over Pharmacy Case
- Second Pharmacy Robbery Suspect Arrested
- Pharmacist Released from Jail on Bail
- Pharmacist Charged With Murder After Shooting Robber
- Employee Shoots at Robbers: 1 Killed, 1 at Large
- Read the text of Oklahoma's Stand Your Ground Law

 

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