Oklahoma appeals court urged to reject former pharmacist's claims that attorneys were inept

Ersland is serving a life sentence for fatally shooting a wounded robber at a south Oklahoma City drugstore in 2009.

He is asking the appeals court to overturn his conviction on grounds Box was ineffective.

“It is all too easy to Monday morning quarterback months or years after the trial and attempt to pick apart defense counsel's trial strategy,” Assistant Attorney General Donald Self wrote in a response that argued all of Ersland's complaints have no merit.

“The defendant was represented by four experienced attorneys,” Self told the appeals court in a legal brief filed Oct. 31.

“Trial counsel faced an uphill battle considering the overwhelming evidence of the defendant's guilt ... The video recording of the shooting — along with the forensic evidence that showed the victim was never a threat to the defendant or anyone else after the victim was shot in the head — provided overwhelming evidence of the defendant's guilt.”

Ersland said at a hearing in 2010 he was “quite well pleased” with his defense attorneys and usually met with them once a week, Self also told the appeals court.

“It is not surprising that the defendant, like most defendants, is unhappy with his trial counsel after being convicted. That does not, however, show that trial counsel was ineffective,” Self argued.