LOGAN COUNTY, Okla. - A heated discussion in a Logan County courtroom Wednesday afternoon as the defense and prosecutors going head to head about an issue outside the presence of the jury.
A DHS worker took the stand Wednesday, with personal notes she had prepared from files she says were on a DHS computer about the ongoing investigation DHS has with Nathan Leforce and his family.
Stating she had to have notes to help recall the events accurately surrounding Leforce.
The defense team, claims they never received anything from those notes or the computer files.
The state says they'd seen a copy of those notes in an interview with the witness months ago, but never got a full copy.
The defense called for a mistrial twice, saying, "I've never encountered unethical conduct like this," adding, "We will be filing a BAR complaint."
The Logan County District Attorney fighting back saying they never unfairly received any information.
Saying "I'm offended!" adding "I've never been accused of a mistrial."
She went on to say "the defense orchestrated this to get the death penalty removed," she says the defense said, in private communications with the judge, "we'll just take life without parole."
The judge overruled both mistrial requests, also asking the DHS worker to gather all the files that were on the computer or any files that either party might not have received for future testimony.
Earlier Wednesday, the jury recommended punishment for Leforce in two of his charges: 30 years behind bars for larceny of a motor vehicle, and 37 years for armed robbery in the first degree.
The judge says they will not decide right now if those will be served consecutively or not.
Other testimony today from folks who have had previous encounters with Nathan Leforce.
The first two people brought to the stand, both previous Perry Police officers.
The defense continues to argue Leforce felt continuously harassed by the Perry Police Department.
One officer who testified described driving after Leforce on a chase that ended at a graveyard over ten years ago.
He says Leforce stopped his car and got out with a gun facing the ground, but propped on his shoulder.
The officer described the position as a "ready position."
The officer says he fired eight times at Leforce, saying he was thinking the whole time "I honestly thought I was going to die."
Leforce jumped back in his car and was later arrested.
Years later, another Perry Police officer interacted with Leforce.
Officers were called out around 9:45 at night for shots fired, when they arrived they saw Leforce amidst a group of about 20 people.
The crowd was yelling and screaming, while two Perry Police officers tried to detain them and wait for backup.
At some point, the officer says Leforce started walking toward him saying "Go ahead and shoot me mother-f*****!"
The officer pepper-sprayed him, saying he "felt his safety was being threatened."
The defense reminded that Laforce was never found with a gun during this incident.
This trial will continue as it has been, the state still seeking the death penalty.
The defense expected to call close to 30 witnesses, the family of Deputy David Wade expected to read victim impact statements.