McAlester News-Capital, McAlester, OK

Local News

November 26, 2012

Judge rules on text messages in drug court case

McALESTER — A judge has ruled that text messages allegedly sent in 2010 by  then-District 18 Assistant District Attorney Michael Miller to then-District 18 Drug Court Coordinator Angie Marcum can’t be used against them in an upcoming jury trial.

Oklahoma Assistant Attorneys General Charles Rogers and Megan Tilly, who are prosecuting the case, have now appealed the judge’s ruling  to the Oklahoma Court of Criminal Appeals, contending that the trial judge erred in his ruling.

The action comes in the wake of a ruling by District Judge Joe Sam Vassar, of Bristow. Vassar, who is the district judge for Creek, Okfuskee and Okmulgee counties, was appointed to preside over the case.

Vassar issued the Nov. 4 ruling in the form of a written pre-trial order in the case in which Miller, Marcum and former Pittsburg County Special Judge William H. Layden are charged with conspiracy in connection with a state probe into District 18 Drug Court. The drug court covers Pittsburg and McIntosh counties.

While the case had been scheduled to go to trial in December, the legal wrangling leaves that in doubt.

Vassar’s order covers alleged text messages sent between Miller and Marcum in May 2010.

Marcum was the drug court coordinator at the time. Miller was the assistant district attorney assigned to work with the drug court, while Layden was the judge assigned to work with the drug court on a regular basis.

Prosecutors are contending in their appeal that Vassar erred on the Nov. 6  written order granting the motions of Miller and Marcum to suppress the text messages.

Judge Vassar had overruled a similar motion by Layden to suppress the information in the text messages between Miller to Marcum, presumably because of the argument Layden had no standing to act in the matter, since it concerned text messages between the other two defendants.

“In the present case, both of the participants in the texting, defendants Miller and Marcum, had a reasonable expectation that the texts would be private and furthermore have standing to urge a motion to suppress,” Judge Vassar said in his written order.

“As to defendant Layden, his motion to suppress must be overruled,” Vassar said.

He also indicated he’s aware the introduction by the state of evidence from the text messages regarding Layden may also impact Miller and Marcum.

“The court is troubled by the effect the introduction of this evidence  might have as to the two defendants,” Vassar said. He said at trial the court will have to carefully consider the relevant state statutes.

For more on this story, see the print or electronic editions of the

McAlester News-Capital. <a

href="http://readercare.cnhionline.com/index.php?location_id=mcalesternews">

Click here for print edition home delivery</a> or <a

href="http://mcalesternews.newspaperdirect.com/epaper/viewer.aspx"> click

here to see the Smart Edition</a> for your computer, tablet, e-reader or

smartphone.

1
Text Only | Photo Reprints
Local News
  • mc-safety2.jpg OHP slates free motorcycle safety course

    The Oklahoma Highway Patrol will be back in McAlester to give a free motorcycle safety course on April 26.

    April 18, 2014 1 Photo

  • equality-mcdaniel.jpg Couple seeks to help homosexual community in McAlester

    A McAlester woman says she and her spouse are working to bring equality to McAlester.

    April 18, 2014 1 Photo

  • Look what's going on downtown McAlester tonight

    Tonight, area residents are invited to join other community members in front of the old Hunts building at the northwest corner of Choctaw Avenue and Second Street in downtown McAlester to listen and to play music in an open street jam, karaoke, cruise-in and to enjoy one of McAlester's two downtown districts. Set-up starts at 6 p.m., jam will be underway by 7 p.m. and at approximately 8 p.m. karaoke all the while cars cruise in. Everyone should feel free to bring lawn chairs and grills, instruments and music equipment, or classic, modified, modern -- all -- show cars. There are no contests or prizes planned, just community fellowship. 

    April 18, 2014

  • Police Badge MCC.jpg Detective's Dispatch: Buckle up

    It only takes a few seconds to put your seat belt on. These few seconds could change the rest of your life!

    April 18, 2014 1 Photo

  • KTC Proclamation McAlester KTC students compete in state FCCLA contest

    Kiamichi Technology Center, McAlester Campus, recently participated in the 2014 Oklahoma State Students Taking Action with Recognition Events for Family, Career and Community Leaders of America.

    April 17, 2014 1 Photo

  • 4-18-BREAKFAST1.jpg Lackey: Challenge of today's church is to empower Christ

    Christians everywhere make up the Body of Christ.
    Tom Lackey, of the First Presbyterian Church, delivered that message to the fourth gathering of those participating in the Men’s Holy Week Breakfasts.
    Lackey spoke to a group estimated at more than 100 men and boys at St. John the Evangelist Catholic Church in McAlester on Thursday.

    April 17, 2014 1 Photo

  • Moon Shadow McAlester crowd gathers to watch lunar eclipse

    More than 60 local and area residents gathered to endure the cold temperatures and late night hours to witness one of Mother Nature’s celestial night shows Tuesday morning.

    April 17, 2014 1 Photo

  • Luncheon speaker Hundreds attend ladies luncheon

    The 42 Annual Women’s Holy Week Salad Luncheon took place Thursday at the Scottish Rite Masonic Temple.

    April 17, 2014 3 Photos

  • Copper wire $5,000 reward offered after theft of copper wire

    A $5,000 reward is being offered in connection with a theft of copper wire causing some $400,000 in damage and causing a Savanna asphalt company to shut down operations, police say.

    April 17, 2014 1 Photo

  • Crash south of Kiowa McAlester trooper saluted

    Trooper Sean Mass of the Oklahoma Highway Patrol’s Troop D, McAlester, has been recognized as a Trooper of the Year by AAA Oklahoma.

    April 17, 2014 1 Photo

Seasonal Content
AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
NDN Video
Jabari Parker's Top 5 Plays From Duke Career More Manpower Than Ever Expected At 4/20 Rally Raw: Fire Destroys 3 N.J. Beachfront Homes My name is Cocaine Raw: Space X Launches to Space Station Lohan Gets Candid About Her Sex List The 2014 New York Auto Show Meet Johnny Manziel's New Girlfriend Chelsea Clinton Announces Pregnancy Funny: Celebrating Easter with Martha Stewart and Friends Man Accuses 'X-Men' Director Bryan Singer of Sexually Abusing Him As a Teenager Man hit with $525 federal fine after he doesn't pay for soda refill Lea Michele & Naya Rivera Feuding? Jabari Parker declares for the NBA draft Singing Nun Belts Out Cyndi Lauper New West, Texas Explosion Video Swim Daily, Throwback Thursday Don't Be A Tattletale: Bad Bullying Tips For Students The trillest thoughts on marijuana "RHOA" Star Charged With Battery
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.