Date: 07-11-2011

Case Style: State of Oklahoma v. Jerome Jay Ersland

Case Number: CJ-2009-3199

Judge: D. Prater and J. Chance

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney:

Defendant's Attorney: Irven Box, Doug Friesen, Jacob L. Rowe

Description: The State of Oklahoma charged Jerome Jay Ersland, age 60, with first degree murder in violation of 21 O.S. 701.1 in conjunction the death of a man who tried to rob his pharmacy. The evidence presented by the State proved that Ersland shot the decedent who was on the ground and not resisting.

Court minutes from jury trial:

05-12-2011 CTFREE - Ersland, Jerome Jay 67172349 May 12 2011 2:32:42:373PM - $ 0.00
JUDGE ELLIOTT: COMES ON FOR STATUS CONFERENCE. DEFENDANT APPEARS OUT OF CUSTODY WITH COUNSELS I. BOX, J. REYNOLDS, J. BOX AND S. BOX. STATE PRESENT BY DISTRICT ATTORNEY D. PRATER AND ADA J. CHANCE. ANY AND ALL LAST-MINUTE ISSUES WERE DISCUSSED WITH ALL PARTIES AND ANY NECESSARY RULINGS MADE BY COURT. CALL DOCKET SET 5/13/11 IS HEREBY STRICKEN. ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-13-2011 LT - Ersland, Jerome Jay 68041112 Aug 11 2011 2:23:41:403PM - $ 0.00
LETTER FILED

05-16-2011 CTFREE - Ersland, Jerome Jay 67217049 May 17 2011 10:37:46:653AM - $ 0.00
JUDGE ELLIOTT: COMES ON FOR JURY TRIAL. DAY ONE. DEFENDANT APPEARS OUT OF CUSTODY WITH COUNSELS I. BOX, S. BOX, J. BOX AND J. REYNOLDS. STATE PRESENT BY DISTRICT ATTORNEY D. PRATER AND ADA J. CHANCE. VOIRE DIRE BEGINS. 75 JURORS ARE SWORN, WITH 30 JURORS CALLED TO THE BOX FOR QUESTIONING. INDIVIDUAL VOIRE DIRE BEGINS. JUROR #2 IS EXCUSED FOR CAUSE. JUROR #4 IS EXCUSED FOR CAUSE. JUROR #6 IS EXCUSED FOR CAUSE. JUROR #8 IS EXCUSED FOR CAUSE. JUROR #20 IS EXCUSED FOR CAUSE. JUROR #21 IS EXCUSED FOR CAUSE. JUROR #22 IS EXCUSED FOR CAUSE. JUROR #24 IS EXCUSED FOR CAUSE. CONTINUED TO 5/17/11 FOR CONTINUED VOIRE DIRE. ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-17-2011 CTFREE - Ersland, Jerome Jay 67229953 May 19 2011 8:35:34:613AM - $ 0.00
JUDGE ELLIOTT: COMES ON FOR JURY TRIAL (DAY TWO). DEFENDANT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS. STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE. INDIVIDUAL VOIRE DIRE CONTINUES. FIVE JURORS EXCUSED FOR CAUSE. CASE CONTINUED TO 5/18/11 AT 9:00 AM FOR GENERAL VOIRE DIRE IN OPEN COURT. ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-18-2011 CTFREE - Ersland, Jerome Jay 67250848 May 19 2011 8:35:52:093AM - $ 0.00
ELLIOTT: COMES ON FOR JURY TRIAL (DAY THREE); DEFT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS; STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE; INDIVIDUAL VOIRE DIRE CONTINUES; FOUR JURORS EXCUSED FOR CAUSE; CASE CONTINUED TO THURSDAY, 5/18/11 AT 9:00 AM FOR CONTINUED GENERAL VOIRE DIRE IN OPEN COURT. ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-19-2011 CTFREE - Ersland, Jerome Jay 67267476 May 20 2011 9:05:43:053AM - $ 0.00
ELLIOTT: COMES ON FOR JURY TRIAL (DAY FOUR); DEFT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS; STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE; GENERAL VOIRE DIRE CONTINUES; ONE JUROR IS DISMISSED FOR CAUSE; STATE'S FIRST PREEMPTORY CHALLENGE: JUROR #10; DEFENDANT'S FIRST PREEMPTORY CHALLENGE: JUROR #25; STATE'S SECOND PREEMPTORY CHALLENGE: JUROR #6; DEFENDANT'S SECOND PREEMPTORY CHALLENGE: JUROR #26; STATE'S THIRD PREEMPTORY CHALLENGE: JUROR #17; DEFENDANT'S THIRD PREEMPTORY CHALLENGE: JUROR #27; STATE'S FOURTH PREEMPTORY CHALLENGE: JUROR #5; DEFENDANT'S FOURTH PREEMPTORY CHALLENGE: JUROR #30; STATE'S FIFTH PREEMPTORY CHALLENGE: JUROR #22; DEFENDANT'S FIFTH PREEMPTORY CHALLENGE: JUROR #23; STATE'S SIXTH PREEMPTORY CHALLENGE: JUROR #4; DEFENDANT'S SIXTH PREEMPTORY CHALLENGE: JUROR #24; STATE'S SEVENTH PREEMPTORY CHALLENGE: JUROR #9; DEFENDANT'S SEVENTH PREEMPTORY CHALLENGE: JUROR #12; STATE'S EIGHTH PREEMPTORY CHALLENGE: JUROR #13; DEFENDANT'S EIGHTH PREEMPTORY CHALLENGE: JUROR #15; STATE'S NINTH PREEMPTORY CHALLENGE: JUROR #14; DEFENDANT'S NINTH PREEMPTORY CHALLENGE: JUROR #1; CLERK CALLS FOUR NAMES TO SERVE AS POTENTIAL ALTERNATE JURORS; INDIVIDUAL VOIRE DIRE BEGINS; THREE POTENTIAL ALTERNATE JURORS ARE DISMISSED FOR CAUSE; CLERK CALLS ANOTHER THREE NAMES TO SERVE AS POTENTIAL ALTERNATE JURORS; ONE POTENTIAL ALTERNATE JUROR IS DISMISSED FOR CAUSE; CLERK CALLS ANOTHER NAME TO SERVE AS POTENTIAL ALTERNATE JUROR; STATE'S PREEMPTORY CHALLENGE: ALTERNATE JUROR #3; DEFENDANT'S PREEMPTORY CHALLENGE: ALTERNATE JUROR #2; JURY IS EXCUSED FOR EVENING RECESS; HEARING HELD; DEFENDANT'S OBJECTION TO STATE'S USE OF STATEMENT OVERRULED; ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-20-2011 CTFREE - Ersland, Jerome Jay 67285765 May 23 2011 1:00:46:887PM - $ 0.00
ELLIOTT: COMES ON FOR JURY TRIAL (DAY FIVE); DEFT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS; STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE; FINAL TWELVE JURORS AND TWO ALTERNATE JURORS ARE SWORN IN TO TRY CASE; STATE READS INFORMATION AND GIVES OPENING; DEFENSE GIVES OPENING; STATE CALLS EIGHT WITNESSES TO TESTIFY; DEFENSE CROSS EXAMINES; ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-23-2011 CTFREE - Ersland, Jerome Jay 67302101 May 24 2011 9:01:33:700AM - $ 0.00
ELLIOTT: COMES ON FOR JURY TRIAL (DAY SIX); DEFT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS; STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE; STATE CALLS THREE WITNESSES TO TESTIFY; DEFENSE CROSS EXAMINES; ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-24-2011 CTFREE - Ersland, Jerome Jay 67313812 May 25 2011 9:32:36:333AM - $ 0.00
ELLIOTT: COMES ON FOR JURY TRIAL (DAY SEVEN); DEFT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS; STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE; STATE CALLS FOUR WITNESSES TO TESTIFY; DEFENSE CROSS EXAMINES; ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-25-2011 CTFREE - Ersland, Jerome Jay 67336008 May 26 2011 2:48:51:770PM - $ 0.00
ELLIOTT: COMES ON FOR JURY TRIAL (DAY EIGHT); DEFT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS; STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE; STATE CALLS THREE WITNESSES TO TESTIFY; DEFENSE CROSS EXAMINES; STATE RESTS; DEMURR OVERRULED; STIPULATION READ TO JURY; MOTION FOR DIRECTED VERDICT OVERRULED; DEFENSE CALLS ONE WITNESS TO TESTIFY; STATE CROSS EXAMINES; DEFENSE RESTS; ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

05-26-2011 CTFREE - Ersland, Jerome Jay 67352817 May 31 2011 8:46:27:187AM - $ 0.00
ELLIOTT: COMES ON FOR JURY TRIAL (DAY NINE); DEFT ERSLAND PRESENT IN PERSON, OUT OF CUSTODY, AND BY COUNSEL I. BOX, S. BOX, J. BOX AND J. REYNOLDS; STATE PRESENT BY D.A. DAVID PRATER AND ADA J. CHANCE; STATE GIVES CLOSING ARGUMENT; DEFENSE GIVES CLOSING ARGUMENT; JURY RETIRES TO DELIBERATE AND RETURNS WITH A VERDICT OF GUILTY TO THE CHARGE MURDER I WITH PUNISHMENT SET AT LIFE IN PRISON; SENTENCING SET FOR 7/11/11 AT 9:00 AM; PSI ORDERED; ALL PROCEEDINGS RECORDED BY COURT REPORTER BETH WELDON.

Outcome: Guilty and sentenced to life in prison.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Ersland claimed that the lawyers who presented him were not competent.