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Judge Elliot Staying on Ersland Case (Jan 18, 2011)

OKLAHOMA CITY (AP) — An Oklahoma County judge has denied a defense motion to remove a fellow judge 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 handed down the ruling Tuesday concerning the recusal of fellow District Judge Ray Elliott. Elliott last month refused a defense request to recuse himself from the high-profile case against pharmacist Jerome Ersland.

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

Box said he will appeal Graves' ruling.

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



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