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Judge to Decide on Recusal in Pharmacy Shooting (Jan 17, 2011)

OKLAHOMA CITY (AP) — An Oklahoma County judge will decide if a different judge must step aside from the first-degree murder case of an Oklahoma City pharmacist charged in the shooting death of a 16-year-old would-be robber.

District Judge Bill Graves will hand down a ruling Tuesday concerning the recusal of fellow District Judge Ray Elliott, who last month refused a defense request to recuse himself from the high-profile case against pharmacist Jerome Ersland.

Defense attorney Irven Box wants Elliott off the case and claims the judge's wife, an assistant district attorney, provided him with an appellate court opinion involving the case. Box also says Elliott has used a racial slur to describe Hispanics. Prosecutors say Elliott's actions weren't inappropriate.

Ersland is accused in the May 2009 shooting death of Antwun Parker.

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