Judge Recuses Herself from Ersland's Trial

[vvvvvvv]

OKLAHOMA CITY -- The judge presiding over a high-profile murder case of an Oklahoma City pharmacist has recused herself from the trial.

District Attorney David Prater asked for the removal of Judge Tammy Bass-LeSure from pharmacist Jerome Ersland's murder trial.

Ersland's defense attorney Irven Box and District Attorney David Prater met back in court at 2 p.m. to decide whether to appoint a new judge in the case.

When asked about what Judge LaSure stepping down does for the trial, D.A. Prater simply said, "Don't know."

When asked if he was trying to intimidate anyone, Prater said, "That's not the way we operate."

Box said Prater met with Chief Judge Patricia Parish and Judge Tammy Bass-LeSure yesterday about the switch. He believes the defense should have been included in those hearings yesterday. They were just made part of it today. Moreover, he says this case is turning personal.

"I've practiced 40 years and I don't like to have personal things involved in cases, but in the last two weeks two lawyers on our defense team have been personally attacked by the state," said Box. "And my experience has taught me that two things happen when they personally attack, one, that means that they've got a really bad case and they're really striving really hard to convict someone and that's exactly what we think's happened in this case. And, for some reason, they're trying madly to try and convict Jerome Ersland, even intimidating a judge to get her off the case."

Box said the defense will ask to have the D.A. removed for prosecutorial misconduct based on meetings held with the judge and the D.A., but without the defense present. Box also said Judge Bass-LeSure ruled motions made after July 22 need to be reheard by the new judge.

"I wish she had not stepped down," said Box. "I feel she was intimidated."

Judge Ray Elliott will now be the judge assigned to the case.

Pharmacist Jerome 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.

http://www.news9.com/global/story.asp?s=13074251

 

[Werewolf]

Ever hear of Rodney King and the ensuing badness in LA?

Mayber Pratt is worried the same thing will happen in OKC if Ersland gets a walk.

 

[dieseltech09]

IMO if he had kept his mouth shut after the shooting and not ran his mouth to the media he probably wouldnt be having this problem.

 

[liliysdad]

This whole thing is just screwy. I have a feeling he is going to get off, but im not sure its going to be because he is innocent.

 

[Dr. Tad Hussein Winslow]

This whole thing is just screwy.

Well, you got that straight. I have a feeling a LOT more is going to come out.

Allegations yesterday were that:

1. Prater has tape recordings, secretly recorded, of Bass-Lesure stating that certain defense counsel get preferential treatment in her courtroom.

2. Prater revealed said recordings possession to Bass-Lesure to "intimidate" her into recusing.

The implications affect the case AND the broader picture.

In the case, the defense (Box & Co.) are gonna make hay as much as possible for "prosecutorial misconduct" (alleged) for having made such a tape to begin with. Won't result in Bass-Lesure, known to be the most defense-oriented judge in the county (as she allegedly said, *IF* she likes your lawyer, that is), getting re-assigned, but it helps them to simply make the DA look bad and try the case in the public, and divert attention from the real issue, which is that facts of the case are very harmful to the defendant - the facts that all sure look like add up to murder, pretty clearly - gettin another gun, walking around, taking time before the second shooting, unloaded the whole gun into the dead guy, etc.

In the broader picture, hopefully it will caused Bass-Lesure, a known crappy and favoritism-playing judge, to have to resign or be removed from the bench. Certainly she should be if the recordings say what they're alleged to say. They were talking about her potentially having to recuse herself from ALL cases where the lawyer for defense is one of those named as ones which she "favors" or "get more deference" in her courtroom. Ummm, well, ok, yeah..... at a bare bare minimum.... but how about throwing her ass out in the street for actually admitting that her *application of justice* depends upon whether she likes your lawyer instead of, ya know, THE LAW! Everyone knows it, but if she admitted it, gawdsakes it's a no-brainer - she should be removed and possibly criminally prosecuted! In my opinion.

 

[ldp4570]

This thing is already looking like a tennis match, and its not even in the courtroom yet. A poor match at that!!

 

[vvvvvvv]

1. Prater has tape recordings, secretly recorded, of Bass-Lesure stating that certain defense counsel get preferential treatment in her courtroom.

And those tapes are only good if at least one party in the room knew and triggered the recording.

 

[Michael Brown]

And those tapes are only good if at least one party in the room knew and triggered the recording.

The gym owner was supposedly wearing the wire so I'm guessing he knew.

Michael Brown

 

[Shadowrider]

Hmmm....

The D.A., the Judge and the Judge's Boss having a meeting without the defenses knowledge? It definitely has the look of shenanigans.

 

[Michael Brown]

Hmmm....

The D.A., the Judge and the Judge's Boss having a meeting without the defenses knowledge? It definitely has the look of shenanigans.

I guess it depends on your perspective.......

This kind of thing, i.e. discussions between lawyers without full disclosure, happens all the time despite what lawyers may tell you.

I guess I would define "shenanigans" as something unusual.

I see this as simply human nature.

Michael Brown