McAlester News-Capital, McAlester, OK

Local News

August 8, 2012

Attorney for Marcum asks judge to toss 2011 grand jury indictment in drug court case

By James Beaty Senior Editor

McALESTER — An attorney for Angie Marcum has filed legal documents in Pittsburg County District Court asking a judge to throw out the indictment against his client.

Marcum, who is the former District 18 Drug Court Coordinator for Pittsburg and McIntosh counties, is accused in the indictment of embezzling public money and property, along with stealing, destroying or secreting a public book or record in the form of receipts for payments made by drug court participants.

However, in court documents file-stamped Tuesday asking the judge presiding over the case to quash, or set aside, the indictment, Marcum defense attorney Anthony Allen contends  that the state, not Marcum, is in possession of a laptop computer she is accused of “misappropriating” on the embezzling public property charge.

Allen also states that at least one of the receipts for payments made to District 18 Drug Court by drug court participants has also been delivered to the state from the Eufaula Police Department.

In the documents seeking to have the indictment tossed, defense attorney Allen said the state “has recently revealed that it possesses the allegedly stolen laptop computer.”

The defense motion goes on to say that the state “forwarded certain receipts delivered to them from the Eufaula Police Department. At least one of these receipts is among those allegedly stolen.”

In addition, the defense motion contends the indictment should be dismissed “due to insufficient evidence or, in the alternative, due to the state’s repeated discovery abuses.”

A response from the Oklahoma Attorney General’s office, which is prosecuting the case, is expected to be filed at the Pittsburg County Court Clerk’s office.

The original accusations against Marcum were made in an indictment issued by the Oklahoma Multicounty Grand Jury and unsealed in Pittsburg County District Court in June 2011. Marcum has remained free on her own recognizance in the 2011 case.



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