Jones testified that some of the records used in the investigation had been obtained during an initial visit to the drug court office. Jones said Marcum was out of the office but he spoke to her over the phone and told her what he needed.
More records were obtained after investigators served a subpoena.
Other testimony concerned records that were allegedly taken from the drug court office by Marcum.
“You believe she was taking them out to steal them? That’s what you believe?” McMurray asked Jones.
“Yes,” he replied.
“It’s just as consistent to believe she was taking them out to comply with the subpoena, isn’t it?” McMurray continued.
“Possibly,” Jones replied.
Rogers, questioning Jones, asked him to read a passage from a policy book which stated that drug court collections were to be deposited daily. The lack of daily deposits had been given as one of the reasons that sparked the investigation into the drug court issues.
Briggs testified regarding the printing of receipt books used by the District 18 Drug Court. The receipt books were to be used to give receipts to drug court participants each time they made a payment.
Marcum had previously been ordered bound over for trial on all eight counts in the indictment in November, 2011, after she, through her attorney at the time, Michael Parks, waived the remainder of the original preliminary hearing.
However, Marcum subsequently changed attorneys, leading to her current representation by McMurray.
McMurray then sought to have a new preliminary hearing on the charges in the original indictment. She was successful in obtaining a new preliminary hearing on the six counts having to do with stealing, destroying or secreting a public book or record.
The original bind-over order on the two embezzlement counts were allowed to stand. However, a trial date on those two counts is not expected to be set until the preliminary hearing on the six stealing, destroying or secreting a public book or record counts is completed and a decision is rendered by the judge.
The original accusations against Marcum made in the indictment issued by the Oklahoma Multicounty Grand Jury were unsealed in Pittsburg County District Court in June 2011.
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