Story Created:
Aug 31, 2010 at 4:45 PM CST
Story Updated:
Aug 31, 2010 at 6:01 PM CST
Judge Tammy Bass-LeSure has stepped down Tuesday and will no longer be presiding over Jerome Ersland's murder trial.
Ersland's Defense Attorney, Irven Box says he believes Judge Bass-LeSure was bullied into removing herself from the case and says he is disappointed with her decision.
“I wish she had not stepped down. I think she was bullied into stepping down and I think it was unfortunate she was intimidated. I think she would be a fair judge," Box said.
The judge would not share her reasons for resigning from the case publicly. In Tuesday’s closed hearing, Bass-LeSure said that all motions filed after July 22nd are no longer valid and need to be reheard by a newly appointed judge.
“Justice should be served in this case and I want everyone that appears before me to get a fair trial…The State of Oklahoma and Mr. Ersland deserve that,” said Lesure. “I don’t want anyone rich, poor, black, white, green, Hispanic to ever think they can come into my court room and not receive a fair trial.”
Now Box says he will file a motion asking that District Attorney David Prater be removed from the case. Box says his council and Bass-LeSure were not included in important hearings that Prater was present in and claims these incidents were evidence of prosecutory misconduct.
“We believe we should have been there. They concerned our case, they concerned Judge Bass-LeSure and the issues that we finally heard today, ultimately heard today in a hearing so we are going to ask that the DA be removed from this case,” Box said.
The trial is scheduled to begin Monday, September 13. Box says that with the recent set backs he does not see how the trial could start on that date.
“We think we’re going to trial Septemeber 13, but I don’t know how we could do it because we haven’t heard the motions yet that need to be heard,” Box said.
The case is the State of Oklahoma v. Jerome Ersland. Ersland is facing murder charges for shooting and killing a would-be robber, Antwun Parker. Defense Attorney David Prater declined to comment.
The motion to televise the trial still stands as it was filed before July 22nd.
