Former Special Judge William H. Layden Jr., former Assistant District Attorney James Michael Miller and former drug court coordinator Angela Marie Marcum are accused of trying to obstruct an embezzlement investigation involving the Pittsburg County drug court program. An indictment accuses them of withholding evidence and harassing witnesses after authorities began investigating allegations that money received by the drug court program had not been deposited with the county clerk.
Okmulgee County Associate District Judge Duane Woodliff allowed each to remain free on a $2,000 surety bond. If convicted, each faces up to 10 years in prison and fines of up to $25,000.
Layden's attorney, Rob Nigh, said he was disappointed the ex-judge "will have to continue to endure further proceedings."
"The ruling simply means there are questions of fact that will have to be determined by a jury," Nigh said by telephone. "We're confident that we will be able to demonstrate that Judge Layden was a dedicated public servant who committed no illegal acts."
Marcum's attorney, Michael Parks, said he believes the evidence of a conspiracy against the state was questionable.
"The lead investigator admitted that he had no direct evidence of a conspiracy," Parks said.
Miller's attorney, Warren Gotcher, was on vacation and unavailable for comment, his office said.
All three are scheduled to be formally arraigned Jan. 13.