New judge starts today in Ersland's case in Oklahoma City

Prosecutors on Monday privately asked Oklahoma County District Judge Tammy Bass-LeSure to step down. She agreed Tuesday after meeting twice behind closed doors with prosecutors and defense attorneys.

In support of their request, prosecutors had a secret recording of the judge talking July 22 to a local gym trainer about one of the pharmacist's defense attorneys, The Oklahoman was told. The trainer was wearing a hidden microphone.

The change in judges could cause a delay in the jury trial for pharmacist Jerome Jay Ersland. The trial now is set to begin Sept. 13.

"I want everyone that appears before me to get a fair trial," Bass-LeSure told reporters after making her decision. "I think both the state of Oklahoma as well as Mr. Ersland deserve that. And I don't want anyone, anyone — rich, poor, black, white, green, Hispanic — to ever think that they can come into my courtroom and not receive a fair trial."

Ersland, 58, was charged with first-degree murder after he shot a masked robber six times in May 2009 inside the Reliable Discount Pharmacy in south Oklahoma City. He has said he acted to defend himself and two female employees.

Taking over the trial is Ray C. Elliott, an experienced district judge who has presided over high-profile cases before. He plans to meet with prosecutors and defense attorneys today to discuss when to start the trial.

The last-minute prosecution effort to remove Bass-LeSure came as a surprise. Defense attorneys wanted her to stay even though she had ruled against them on key issues.

Lead defense attorney Irven Box said prosecutors moved against the judge because they "have got a really bad case."