A district judge has granted a defense motion to dismiss five felony counts against former District 18 Drug Court coordinator Angela Marcum.
Marcum still faces three felony counts in relation to the 2011 indictment issued by the Oklahoma County Multicounty Grand Jury. The decision by District 24 Judge Ken Adair of Okmulgee County reduces the eight counts in the original indictment to the new total of three.
Judge Adair ruled that Marcum should not face six separate counts filed in the original indictment, accusing her of “stealing and/or secreting a public book or record” in relation to receipt books allegedly missing from the District 18 drug court while Marcum served as coordinator.
Instead, the judge agreed with legal arguments by Marcum’s defense attorney, Shannon McMurray, that the six separate counts constituted a form of double jeopardy.
Oklahoma Assistant Attorneys Generals General Charles Rogers and Megan Tilly contended the six separate counts were justified.
In his ruling, the judge cut the six counts of “stealing and/or secreting a public book or record” in the original 2011 indictment to a single count accusing Marcum of that offense.
Marcum also remains charged with one count of embezzlement of public money and a single count of embezzlement of property exceeding $500 in value in relation to the 2011 indictment.
Marcum has pleaded innocent to all the allegations in the indictment.
She had been indicted following a probe by the Oklahoma State Bureau of Investigation and the State Auditor and Inspector’s Office.
In the indictment, Marcum is accused of embezzling thousands of dollars paid by drug court participants who could avoid prison sentences by paying fees and completing the drug court program.
On the second count, she is accused of taking a laptop computer, while the third count accuses her of “stealing or secreting” the receipt books from the drug court payments in an alleged attempt to cover up the embezzlement alleged by prosecutors.
In his written ruling, Judge Adair stated “this court finds multiple prosecutions for the theft or destruction of six receipt books, where the state is admittedly is incapable of proving a separate ‘criminal act, occurrence or transaction’ violates the defendant’s rights against multiple prosecution for a single offense.”
In this case, “the state admits it can only prove the theft of six receipt books and that it is incapable of proving on what date or dates the various books were taken,” Adair continued in his ruling.
A trial date in the case has not yet been set. Adair had been appointed to preside over the case after judges in Pittsburg County were recused from hearing it.
In another case, Marcum still faces a conspiracy charge on an additional Oklahoma Multicounty Grand Jury indictment, as well as charges in a third grand jury indictment issued in relation to her time as the drug court coordinator for Pittsburg and McIntosh counties.
Contact James Beaty at email@example.com.