Posted on 06/11/2009 6:56:55 AM PDT by Red in Blue PA
The judge overruled the defense's motion to quash the subpoena for Jerome Ersland's military records.
Ersland was charged with murder last month after he shot back at two would-be robbers on May 19 at a south Oklahoma City pharmacy. Prosecutors say Ersland exceeded his legal authority to defend himself by shooting 16-year-old Antwun Parker five times after a first shot rendered the teen unconscious.
Attorney Irven Box objected the subpoena saying the records could contain privileged information about Ersland.
"First, we don't know what's in those military records. I don't know if there are statements my client has made that might incriminate him some way," Box said.
Box said the records also contain Ersland's medical history, he argued the release of that information would go against HIPPA law.
He isn't sure what the military records have to do with the events that happened at Reliable Discount Pharmacy.
"I think this is something by the state trying to build up something more to try and show they had a reason to file the case," Box said.
(Excerpt) Read more at newson6.com ...
Come on, something has to be done about this.
ping
Ah, they’re going for the “hate crime” racist angle...
Look for more of this in 0bamanation. “Minorities” being excused for crimes while Whitey will be prosecuted for defending himself.
Sadly, your post is right on.
Tell me why, after, oh, the third shot or so, he hadn’t stopped defending himself. I’m having a really tough time supporting his actions, and I’m military and a CCH holder who carries about 95% of the time.
Colonel, USAFR
Do you have a 3rd camera view which shows the perp on the ground lying there not traing to get up or reaching for something?
Because if you do, I would love to see it.
If you don’t, then by default you should be supporting someone defending his (and others) life.
You, being highly trained, probably have a lot more control of your adrenaline and your actions under a life and death situation.
Most people probably wouldn’t (couldn’t) stop shooting a threat in their home until the mag was empty.
Time after time real hardened criminals get away with horrible crimes because 'past' records, deeds cannot be used against him....I understood it's 'the law'
From every indication this man has no 'record'...
..yet this judge seems to want anything that might be used against him....
What gives.
The law is used to protect the criminal class.....and the same law is used against law-abiding citizens.
This can go on for only so long.
He has offered a reasonable explanation for his actions.
I have seen no evidence to contradict or even cast doubt on his explanation. None whatsoever.
Have you?
If so, please describe it.
Absent such evidence, I see prosecutorial and judicial misconduct of the worst sort.
His only hope is that he was dead when he hit the ground, therefore it's not murder, but desecration of a corpse.
What were they?
I'd have shot him again too... Especially after I'd just gotten shot while they were trying to rob me.
Show me the video where the perp is motionless!
There is no video!
You are convicting a man based on assumptions????
That makes him a threat again, and fair game.
Downed perp had previously been hit once in the head with a .380; the claim is completely believable.
.380 is fairly wimpy.
Once someone points a gun at you, and your life is threatened, all bets are off.
In fact, I would go so far as to advocate an “Open Season Doctrine” whereby any force can be used on a perp once lives are threatened, even if they drop their gun or lie motionless. Has anyone seen the recidivism rates of violent criminals???? In a just world, that is how it would work.
BTW, if you have evidence that the downed perp was actually incapacitated when shot the second time, please provide it.
Yeah... Didn't think so. I'm going with the original victims story here. He was shot by the robbers, what happens to the criminals after that is "justice" delivered via their intended victim.
The .380 is the SMALLEST of the calibers recommended for self-defense.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.