The new trial for a man charged with murder, accused of putting up two teens to a 2009 pharmacy robbery that left one of them dead, has been delayed until December.
Oklahoma County District Attorney David Prater was set to begin prosecuting Emanuel Mitchell’s second trial Monday, but it was delayed until Dec. 8 after a hearing last week.
Mitchell faces counts of first-degree murder, conspiracy to commit a felony and firearms possession after a felony conviction. He is accused of a 2009 robbery at Reliable Discount Pharmacy in south Oklahoma City where a 16-year-old accomplice was shot and killed. The pharmacist, Jerome Ersland, was later convicted of murder and sentenced to prison.
Mitchell, 36, will represent himself at his new trial, he decided. An appeals court threw out his 2011 conviction because he has a right to defend himself at trial and was not allowed to do so.
District Judge Timothy Henderson denied a slew of motions written by Mitchell during an Aug. 19 hearing.
Also on Aug. 19, Mitchell filed another motion to disqualify Prater from prosecuting the case, stating that he will be called to testify in the case. That motion is set to be heard Sept. 29.