Surprise Ending to Ersland Case

Most people in my sphere of influence were shocked to hear that the jury in the Ersland case found him guilty - not of manslaughter, but rather of 1st Degree Murder. Sentencing is forthcoming, but Jerome Ersland could spend the rest of his life in prison and that is what is so surprising.

On one hand, the state of Oklahoma has passed legislation supporting the right to keep and bear arms and Oklahoma even has a member of the Congressional Delegation who serves on the the Board of the National Rifle Association. But a jury of 8 women and 4 men found a man guilty of 1st Degree Murder for defending his business, his employees' lives and his own life from men trying to rob them at gunpoint.

Friends, this is alarming on many levels. We have had the case where Demetrius Johnson dies mysteriously while in police custody and it is largely overlooked by the media and now, we're seeing a man who should have been tried for manslaughter being convicted of 1st Degree Murder.

Ersland will, of course, appeal the verdict and it will cost him everything he owns. Appeals in these types of cases are very expensive and are often very difficult to win.

This case has many within the gun-rights community very anxious and those on the conservative side of things are reaching out to Governor Fallin to pardon Jerome Ersland. It's not likely that she will grant a pardon, but it will be very interesting to see what her response will be.

Now, more than ever, it is critical that we pay close attention to what is being reported and what is left under-reported. It is also important to pay very close attention to whom we elect. Platitudes are no longer acceptable when our freedoms are at stake.


Mickey

Inconsistencies

Throughout my life I have often thought about the inconsistencies I see; how common sense, seems to be a blade of grass, thirsting for water, brown in the mid-day August sun.  This is how I see the Jerome Ersland trial, as a bunch of inconsistencies. 

I read this morning that Antwan Parker's mother is suing Jerome Ersland for the wrongful death of her son.  I understand the love for ones children; I have three children and two grandchildren myself, but I have to ask; Where was Ms. Parker while her son was robbing at gun point Ersland's pharmacy?  And besides, just how much is she expecting to get if Ersland is in prison? 

Then there's the Ersland trial itself.  A creature of media and money (taxpayer money that is).  The DA says that Ersland went too far.  That while defending himself, his employees and his pharamacy, he shouldn't have shot Antwan Parker those extra times.  Well, I could understand this reasoning if the DA was also prosecuting the police officers involved in the Demetrius Johnson death, with first degree murder.  You see, if Ersland went too far, then obviously the police did too with Demetrius Johnson; and if one is being prosecuted for first degree murder, then all should be.  Since the DA obviously believes the police didn't go too far with Demetrius Johnson, then Ersland should not be tried for first degree murder.  This whole situation makes no sense otherwise.  And since it's taxpayer money, I would feel much better if wasn't being spent only on Ersland, because if we're going to spend it, then keep it consistent, or don't spend it at all.

Elliott Attention, Bass-LeSure Secrecy

If you ask the average citizen in Central Oklahoma who has been following the news at the courthouse, there is a good chance that they believe Judge Tammy Bass-LeSure to be at home, awaiting trial.  But that isn't the case at all.  She is still seated on the bench, making decisions after being charged with fraud and the Supreme Court has not suspended her, awaiting the outcome of her criminal case.  Conventional wisdom would dictate that a judge making decisions from the bench would necessarily have difficulty focusing on the cases before her and should thereby be suspended until the outcome has been reached.

It is hard to believe, but it's true and the media hasn't covered it adequately, in my opinion.

Conversely, Judge Ray Elliott has been under fire of the media for comments made resulting in the Oklahoma Court of Criminal Appeals granting an appeal in a murder case.  If I didn't know better, it would appear as though the media has been working overtime to ensure the judge handling the Ersland case (which I will further discuss tomorrow in this blog) stays "in line."

The inconsistencies in the media coverage coupled with the fact that the Oklahoma County courthouse is receiving national coverage should make every citizen in Central Oklahoma extremely nervous. 

In addition, we have a judge on the bench who has been very ill over the last six months whose staff is being fully paid, yet taxpayers are not getting what they are paying for right now. 

Tomorrow:  The real costs of the Ersland case.

Osama Bin Laden Unarmed? Does It Matter?

When the news broke on Sunday evening that Osama Bin Laden had been eliminated by American Navy SEALs, Americans rightfully breathed a collective sigh of relief.  Regardless of political affiliation, regardless of location, we all enjoyed that moment.  But true to form, the media just couldn’t leave well enough alone and now, cable news networks are concerned that perhaps Osama Bin Laden wasn’t armed at the time of his defeat.

I would argue that it doesn’t matter one bit.  Osama Bin Laden was a terrorist and arguably one of the worst this world has ever known.  He has thousands of deaths attributed to him and were he to have been left alive, thousands more would have died.  Media outlets are concerned about the “rule of law.”  Well, I would submit to you that Osama Bin Laden was a law unto himself, a man who felt that the only “law” he believed in was that which he created for himself and tried to force on the rest of the world.

TIME Magazine has a blog entitled “If bin Laden Was Unarmed, Why Was He Shot?”  Perhaps the author has forgotten the great many lives of Americans, Europeans, Afghanis and Pakistanis who were slaughtered at the command of Osama Bin Laden.  Perhaps the author has forgotten that al-Qaeda is the most dangerous terrorist organization in the world and Osama Bin Laden was their leader. 

In any event, Americans who still have the images fresh in their minds of the terrorist attacks brought about by the now dead terrorist and join me in saying that armed or unarmed, the world is a safer place without Bin Laden in it.


Mickey

Questions About Demetrius Johnson

After reading about Demetrius Johnson in the paper, it makes me wonder how much of the story is missing, because to our knowledge, it wasn't videotaped.  Demetrius Johnson is made out as the kid with a long rap sheet that deserved to go to prison.  That may be true, or not, but we will never know, after dying in the hands of the police.  Unfortunately, the truth about Demetrius Johnson's death, likely died with him.  What little we do know, is that getting pulled over by police for a traffic offense, can be potentially deadly nowadays.

I don't condone what Demetrius Johnson did by running from and fighting with police; that is not the point to this little commentary.  The point is, it seems to me that we have police who taser a person multiple times for a traffic offense, the person dies, and the police get paid leave until it is determined to be a justified killing.  At the same time, we have Jerome Ersland, a private citizen, standing trial for murder while protecting his business, and his employees, from an armed robber.  This is exactly backwards.   It's the police who have a higher degree of care to the people, who should be more careful protecting the public, not tasering someone for a traffic offense.

If Jerome Ersland went too far, then there is no doubt that the police went too far also.  There is no difference between the two situations.  If one is murder, the other is too.  I have been practicing law for 35 years - Ersland probably should have been charged, but not for 1st degree murder.

Mickey

A Little About Mickey

Being new to the blogosphere, the logical place to begin is to introduce myself.  I was born in Oklahoma City, Oklahoma, graduated from Northwest Classen High School and received my Bachelor of Science Degree in Business Administration from Oklahoma State University.  I went on to the Oklahoma City University School of Law where I received my Juris Doctorate.

I married my wonderful wife, Syndney, in 1974.  We have three children:  Daughter, Valerie Homsey Salem who is married to Father John Salem.  My son, Sam, is married to Dini.  My youngest is my daughter Meagan.  My wife and I have been blessed with a grandson, Michael, and a granddaughter, Christina and there is another grandchild on the way.

I began practicing law as an Assistant District Attorney in Oklahoma County and have served as a Municipal Judge in both Harrah and Choctaw, Oklahoma.

Since beginning my private practice in 1979, my areas of law have included criminal, domestic, personal injury and civil litigation, predominantly in the Oklahoma City area, but have practiced throughout the great state of Oklahoma.

I am a long standing member of the Oklahoma County Bar, the Oklahoma Bar Association, Western District of Oklahoma and a member of the United States Supreme Court.

I have been a life-long member of St. Elijah Antiochian Orthodox Church where I have served on the Board for over 20 years, serving as its Chairman along with many other committee assignments.  St. Elijah's is an incredible worship experience and one of the most enriching aspects of my life.

I was appointed to the Oklahoma City Board of Adjustments in 1990, by then Mayor Ron Norick and served on that Board for 11 years, Chairman for 5 years.

Oklahoma City University School of Law has been a blessing to me and I have been actively involved in that University, serving as National Chairman for the Circle of Pride fund raising campaign.  I have also been honored to serve as a member of the Executive Advisory Council to the Dean of the Law School.

I have also served on the IOCC Board since 2003, and was made Chairman of the Board for 2011-2012..

Thank you for checking out my blog - you may not agree with me all the time, but at least you know you'll get honesty.

Mickey

First Post

This is to establish my new blog.