OKLAHOMA CITY — Filled with passion, Doug Friesen said he is ready to vigorously defend his new client, Jerome Ersland.
The pharmacist was convicted of murdering a suspected teen robber who invaded his pharmacy back in May of 2009.
With the appeal, Friesen plans to list about 20 areas where he believes the previous legal team failed.
“Everybody is entitled to a fair trial. It is our belief that, as a result of a combination of errors that were made, Jerome did not get that trial,” Friesen said.
He also said Ersland said he was not allowed to testify and wasn’t going to be allowed to tell his story.
Friesen wants Ersland to make the decision about taking the stand in his own defense if he is granted a new trial.
“It was impossible for my client to get a fair trial based upon the fact that his trial council was unfairly intimidated by the judge,” Friesen said.
He said that judge threatened sanctions on the old defense.
Friesen also plans to explore the possibility of Ersland having Asperger’s syndrome.
“When you are confronted with a very unusual startling situation, the mind immediately goes into a fugue state. At that state, it is impossible for you to form any kind of conscience thought,” Friesen said.
He said that means the necessary intent for a first-degree murder charge would not have been established.
Friesen said expert testimony was another missing link in the case
“There are about six experts we are in the process of trying to gather up now,” Friesen said.
Our calls to the previous legal team were not returned but in the past, they have defended the way they handled the case.