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Defense Wants Judge Off Pharmacy Shooting Case (Dec 06, 2010)

OKLAHOMA CITY (AP) — A defense attorney for a pharmacist accused in the May 2009 shooting death of a would-be teenage robber believes the judge presiding over the case cannot be fair to his client.

Attorney Irven Box testified Monday in a hearing over a motion he filed asking to remove Oklahoma County District Judge Ray Elliott from presiding over the first-degree murder trial of Jerome Ersland.

Box testified he believes Elliott has shown bias because the judge's wife, Oklahoma County Assistant District Attorney Sandy Elliott, allegedly forwarded legal papers that the judge has used in Ersland's case.

District Attorney David Prater testified there is no evidence Sandy Elliott ever forwarded her husband anything related to the Ersland case.

Ersland is charged with first-degree murder in the death of 16-year-old Antwun Parker.

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