Former Pittsburg County District Judge William H. Layden Jr. has agreed to terms of an agreement that calls for prosecution in a conspiracy case against him to be deferred for year, as long as certain conditions are met.
Creek County District Judge Joe Sam Vassar, appointed to preside over the case, signed off on the document along with Oklahoma Assistant Attorney Megan Tilly and Layden’s defense counsel, Tulsa attorney Rob Nigh.
The agreement requires Layden to pay $4,700 to the State Auditor and Inspector’s Office, which is one-third of the cost of an audit the agency conducted of District 18 Drug Court.
Also, the terms required Layden to agree to not to violate the law and to not seek any judicial offices or any other public offices.
As part of the agreement, Judge Vassar signed a document to sustain the state’s motion to dismiss the case against Layden.
Also as part of the agreement, the Oklahoma Attorney General’s Office agreed to dismiss a perjury charge with three counts filed against Layden in Oklahoma County in connection with his testimony before the multicounty grand jury, according to Oklahoma Assistant Attorney General Megan Tilly, who has been prosecuting the case along with Assistant AG Charles Rogers.
Layden, 62, had been indicted by the Oklahoma Multicounty Grand Jury in October 2011 on a single count of conspiracy, along with former District 18 District Attorney Michael Miller and Angie Marcum, the former District 18 drug court coordinator.
The indictment accused Layden of interfering with an investigation into alleged embezzlement of drug court funds, with the probe being conducted by the Oklahoma State Bureau of Investigation and the state Auditor and Inspector’s Office.
The cases against Marcum and Miller are still pending.
As part of the deferred prosecution agreement, Layden waived his right to a speedy trial.
“This waiver is voluntary and in consideration of the deferred prosecution only,” the signed waiver states.
Layden also signed an affidavit in the case, noting he served as the special judge assigned to District 18 Drug Court from February 2006 until June 2010, while Marcum served as the District 18 drug court coordinator.