Oklahoma City druggist appeals records ruling

 
JAY F. MARKS | Published: June 11, 2009   

Pharmacy murder suspect Jerome Jay Ersland will ask a state appeals court to block prosecutors from obtaining copies of his military records, his attorney said Wednesday.

Attorney Irven Box unsuccessfully challenged a subpoena for Ersland’s military records, arguing they were not relevant to the murder charge against his client stemming from the death of a robber in a May 19 robbery attempt.

Oklahoma County District Judge Tammy Bass-LeSure refused to quash the subpoena being sought by prosecutors, but she did agree to allow Box time to appeal her ruling.

The judge echoed some of Box’s concerns about the potentially sensitive information that could be contained in Ersland’s military records, but she said the case law provided by the parties indicated prosecutors have a right to request those records.

Ersland, 57, has described himself as a disabled Gulf War veteran, but The Oklahoman has learned he left the





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