dochoc's blog

The Jerome Ersland murder case has now produced so many cultural narratives and case twists it’s beginning to take on symbolic significance for the state and its criminal justice system.

Ersland is a local pharmacist charged with first-degree murder. He is accused of killing robbery suspect, Antwun Parker, 16, at Reliable Discount Pharmacy on May 19, 2009. Prosecutors claim Ersland shot the unarmed Parker, left the store to chase another robbery suspect, who was armed, and then came back and shot Parker again. The second shots were unnecessary and killed Parker, prosecutors allege.

A surveillance video of the shooting, part of the above news report, has been widely posted on the internet, and the case has generated a tremendous amount of local media coverage. Ersland’s attorney Irven Box and Oklahoma County District Attorney David Prater have continued to comment on the case to reporters, sometimes verbally sparring with each other. Meanwhile, the forensic evidence in the case has come under scrutiny and a judge has taken herself off the case.

Here is a partial rundown of how the case has taken on larger, symbolic and philosophical dimensions.

The video. The video appears to show Ersland coming back into the store, retrieving another weapon and then opening fire again on Parker. The video does not show Parker during the second volley of shots so it’s hard to discern his condition. Whatever the case, the video made its way around the Internet and provoked strong, divisive feelings about guns, self-protection and crime in general.

Gun rights advocates. After the charges were filed, gun rights advocates rallied around Ersland as they tried to make the case a Second Amendment issue. Here’s an example of their arguments. Ersland is also a military veteran, which made him receive even more sympathy from gun rights advocates.

Race. Ersland is white and shot the black suspect several times after he had fallen to the floor. The local National Association for the Advancement of Colored People held a press conference after the charges were filed, according to a media report, commending Prater for bringing the charges but not taking sides in the case.

The forensic evidence. The initial forensic evidence was reviewed by the then-chief medical examiner, Dr. Collie Trant, who was later fired from the office. Trant argued that Parker died in the second volley of shots. However, Box argued another pathologist, Dr. Chai Choi, who reviewed the case after Trent, gave a different interpretation, according to a media report. Eventually, Pater decided to proceed with the case. Was the first shot fatal? The entire case may ride on the answer to that question.

The judge. Oklahoma County District Judge Tammy Bass-LeSure recently removed herself from the case after a request from Prater. After she did so, a media report surfaced that Bass-LeSure allegedly told her “personal trainer” he would not do jail time on drug charges in a case she was handling. In one meeting, the trainer, according to the report, said LeSure recommended three attorneys he might hire. One of those attorneys, Jeff Brett Reynolds, also helps represent Ersland. A new judge has been assigned to the case.

So far the case then has spawned a sensational video, gun rights rhetoric, comments from the NAACP, CSI-like complications with the evidence and a judge who steps down. What’s next? How does all this look to people outside the state? How do they perceive our criminal justice system? How do we now perceive our criminal justice system? How does the internet, the local media and political posturing—gun rights rhetoric and the NAACP comments—affect how we view the case?

It may well be that an Oklahoma jury will never convict Ersland because of a prevailing sense of the right to self-protection and the right to bear arms, but the case, for better or worse, reflects the power of new media, political division and specific aspects of our criminal justice system that should raise questions. There are no winners here.

Arnold Hamilton, editor of The Oklahoma Observer, published an excellent article last week about the lack of interest among legislators to become part of a No Gifts List.

The list, which was created by Common Cause Oklahoma, allows legislators to vow they won’t accept gifts from people trying to influence legislation. So far, according to Hamilton’s article, only two legislators have signed up. They are state Rep. Jason Murphey, a Guthrie Republican, and state Sen. Andrew Rice, an Oklahoma City Democrat.

In his article, Hamilton asks: “Where is everybody else?”

Hamilton writes:

The truth is, the No Gifts List doesn’t set well with many legislators who don’t want attention drawn to the fact they enjoy being wined, dined and otherwise feted by state government’s army of special interest professionals.

According to the Common Cause Oklahoma website, another legislator has since joined the No Gifts List. The legislator is state Rep. Charles Key, an Oklahoma City Republican.

The No Gifts List urges legislators to accept this pledge:

I will allow Common Cause Oklahoma, a nonpartisan, good government group to post my name on a “No Gifts List,” on Common Cause Oklahoma’s website. My name on this list provides a way by which I and lobbyists can establish a public relationship based on professionalism and end constituent perceptions that Oklahoma public officials and lobbyists engage in an inappropriate game of quid pro-quo. By allowing Common Cause Oklahoma to post my name to the “No Gifts List,” I’m showing my commitment to good government and my high concern for ethics.

Read Hamilton’s insightful article, “Leveling The Playing Field,” on the issue. The Oklahoma Observer continues to offer intelligent, progressive commentary and articles. Hamilton took over the leadership of the publication from Frosty Troy, the journal’s longtime editor. Here is the journal’s subscription information.

State Sen. Andrew Rice wants to make it safer for bicyclists in the state.

Last week, Rice, an Oklahoma City Democrat, announced he plans to introduce legislation next session that will help to protect bicyclists. The idea for the proposed bill was prompted by the recent deaths of Oklahoma bicyclists in accidents, Rice said.

Rice, pictured right, also pointed out that bicycle accidents are on the rise in Oklahoma.

According to Rice:

Our job as legislators is to ensure the public’s safety, and we need to do what we can to keep everyone on Oklahoma’s roads safe, and that includes bicyclists. I’m looking forward to working with my colleagues in the Legislature, the Department of Public Safety and others concerned with this issue to see how we can best prevent further accidents and unnecessary deaths.

Rice, the Democratic leader in the Senate, said the bill could be modeled after a recently passed Colorado law, which includes “common sense” rules for bicyclists and drivers.

On his Facebook page, Rice wrote: “As senate staff helps me craft this bill, I look forward to getting public feedback so we can make sure this legislation is fair and effective.” Rice also wrote he would make a draft of the bill public this fall.

Ultimately, the proposed bill would encourage bicycling in Oklahoma. The legislation deserves broad, bipartisan input and support.