Please forgive the zombie thread posting, especially on one that's so old. I'm posting only to add some relevant info for future readers, should anyone go digging through the archives someday looking for more about this case.
1) In 2014, Jerome Ersland pleaded guilty to a drug charge while he was in prison. Relevant quote:
2) By Sept 2015, Ersland's second appeal to the OK Court of Appeals had been unanimously rejected, and he filed a federal appeal. Quote from the relevant article:
pax
1) In 2014, Jerome Ersland pleaded guilty to a drug charge while he was in prison. Relevant quote:
His new felony conviction Monday is a blow to his hopes that a governor someday will pardon him or commute his sentence. “I think it will hurt his chances,” said his attorney, Doug Friesen.
Ersland was caught with the contraband, the powerful painkiller fentanyl, on Nov. 25, 2012, at the Joseph Harp Correctional Center in Lexington. A corrections officer reported finding two fentanyl patches on Ersland after he finished a weekend visit inside the prison with his son.
Ersland was caught with the contraband, the powerful painkiller fentanyl, on Nov. 25, 2012, at the Joseph Harp Correctional Center in Lexington. A corrections officer reported finding two fentanyl patches on Ersland after he finished a weekend visit inside the prison with his son.
2) By Sept 2015, Ersland's second appeal to the OK Court of Appeals had been unanimously rejected, and he filed a federal appeal. Quote from the relevant article:
In a petition filed in August in Oklahoma City federal court, Ersland ... claims a post-conviction investigation turned up evidence that explained why he thought Parker had shot at him. He claims experiments show the bullet he described as having whizzed by his head likely was a ricochet from his own gun. He claims the sound he thought was a gunshot was a trash container breaking.
He also claims he recovered memories about the shooting because of the post-conviction investigation. He claims he had suppressed the memories because of post-traumatic stress disorder. He claims he now remembers he had a second gun in his pocket, not in a counter drawer.
... Prosecutors dispute Ersland's claim that the second gun was in his pants pocket. “Apparently when petitioner acquired these new memories, he also forgot that the entire incident was caught on surveillance video,” prosecutors have stated. “The jury saw petitioner retrieve the gun from the drawer with their own eyes when they watched the video of it happening.”
He also claims he recovered memories about the shooting because of the post-conviction investigation. He claims he had suppressed the memories because of post-traumatic stress disorder. He claims he now remembers he had a second gun in his pocket, not in a counter drawer.
... Prosecutors dispute Ersland's claim that the second gun was in his pants pocket. “Apparently when petitioner acquired these new memories, he also forgot that the entire incident was caught on surveillance video,” prosecutors have stated. “The jury saw petitioner retrieve the gun from the drawer with their own eyes when they watched the video of it happening.”
pax