An Oklahoma County judge refused today to prevent prosecutors from requesting a copy of murder suspect Jerome Jay Ersland's military records.
Ersland, who was charged May 27 with killing a teenager involved in a robbery attempt at the pharmacy where he works, has said he served in the Army during Operation Desert Storm.
Prosecutors filed a subpoena seeking Ersland's military records, but defense attorney Irven Box objected.
Box argued Erlsand's military records are not relevant because they have nothing to do with the May 19 shooting at Reliable Discount Pharmacy, 5900 S Pennsylvania Avenue.
He said the records likely contain privileged information about Ersland.
District Attorney David Prater acknowledged the records may not be admissible if the case goes before a jury, but prosecutors have a duty to continue their investigation.
"This is a proper use of investigative subpoena," Prater said.
District Judge Tammy Bass-LeSure said case law provided by the parties seems to allow prosecutors to use subpoenas as they are trying to do in Ersland's case.
She denied Box's motion to quash the subpoena for Ersland's military records.
Box said he would appeal the decision to the Oklahoma Court of Criminal Appeals.
Ersland, 57, is free on bail and back at work at the pharmacy.
Three others remain jailed on felony murder charges filed in the death of Antwun "Speedy" Parker, 16, because of their involvement in the robbery attempt.