People are so outraged about this case that they are taking a signed petition to Govenor Fallin's office to get her to pardon Mr. Ersland.
But there is a rather large elephant in the room that to date, no one is willing to discuss, and that's, Irven Box and the defense team. It seems Mr. Box and his team have been given a "pass" in this case and it boggles my mind as to why. Perhaps it is because Box is close to retirement or perhaps it is because it is politically correct to continue to sling mud against the jury, the D.A., and Judge Ray Elliott, rather than address the fact that the defense in this case is largely responsible for the verdict.
During closing arguments, defense counsel argued to the jury that they should not even consider, the lesser included offense of manslaughter - to me, that makes no sense whatsoever. Clearly, Ersland was in the wrong and guilty of something, and the jury should have been encouraged to consider all options at its disposal. When defense counsel paints a picture that one option on the table shouldn't even be considered, there's trouble...and trouble is what Ersland got.
I have to scratch my head at the defense only calling one witness in a First Degree Murder Case. I've tried murder cases in the past, and you don't just call one witness. Period. I'm not sure of the strategy involved with that, but as you can see, it didn't work.
To me, the Ersland case is the antithesis of the currently famous Casey Anthony Case in Florida. Consider: a woman who most thought was gulity of First Degree Murder, was acquitted after a vigorous defense; and then there's the Esrland case, a man, who most thought was not gulity of First Degree Murder, but was convicted after a less than steller defense. For Jerome Ersland blame should be spread evenly, and not just concentrated on the judge, jury and D.A.
Now, the fate of Ersland lays in the hands of Judge Ray Elliott, who has been under massive media pressure to give Ersland the most lenient sentencing possible. It also lies in the hands of Governor Fallin who will probably do nothing - there is no political motivation for her to do so. On one hand, the Governor has high approval ratings and doesn't have to face re-election for a few years. If she passes, it can be chalked up to "letting the justice system work," but if she acts, she will face the cheers of those who believe the trial was a sham from the beginning.
The media must now turn its spotlight on Ersland's attorneys and ask the hard questions. If they refuse, you can count on this blog to shed some light on this otherwise dark case in Oklahoma judicial history.
Mickey
