Murder Trial Of Oklahoma City Pharmacist Delayed Again

News9.com

OKLAHOMA CITY -- The trial for an Oklahoma City pharmacist accused of murder has been delayed again.

Prosecutors Monday challenged a request to remove Judge Ray Elliott from the murder trial of Oklahoma City pharmacist Jerome Ersland.

Attorneys for Jerome Ersland asked Judge Ray Elliott to step down.

Oklahoma County District Attorney David Prater filed a motion Monday morning to prevent Judge Elliott from being removed from the case.

"We believe this is just a tactic to delay, and we really can't understand why the defense team does not want to try this case," Prater said.

Both prosecutors and the defense team convened in Judge Elliott's courtroom to discuss why Ersland's attorneys want Judge Elliott to be removed from the case and what day they would hold a public hearing.

Attorney Irven Box said that Elliot gave him advice on how to win before the judge took over the case. Box also questioned Elliott's ability to be unbiased in court after he said the judge used a racial slur to refer to Hispanics. 

The defense also questioned whether Elliott's wife -- who works in the district attorney's office -- worked on the case. Prater's motion stated there is no evidence that Sandi Elliott worked on the case -- and said even if she did it -- there is no evidence of prejudice that would deprive Ersland of a fair trial.

Elliot agreed Monday to hear arguments on the matter Dec. 6, the same date Ersland's first-degree murder trial was to begin.

"We're not doing it for a delay at all. We would have liked to go to trial way back when back when we had Tammy Bass Lesure. They didn't like her as a judge. They got her off for a reason we think is not really enough. We have really valid reasons in this case now," Box said.

Judge Elliott took over the case in August after Judge Tammy Bass Lesure recused herself at the prosecution's request.

Ersland 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.

Irven Box also serves as News 9's legal analyst.

The Associated Press contributed to this report.