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 U.S. Army before the war began.
Ersland left active duty with the Army in February 1989, according to military records. That is more than a year before the first Gulf War began.
Ersland admitted last week he had misrepresented his military service.