Former judge avoids trial

McALESTER — Prosecutors have dropped a conspiracy charge against a former Pittsburg County special judge after he agreed never to hold public office again and to pay $4,717 in restitution to the state auditor.

William H. “Bill” Layden Jr., 62, was accused in the 2011 felony case of conspiring to obstruct an embezzlement investigation involving Pittsburg County’s drug court.

The investigation resulted in an embezzlement indictment against former drug court administrator Angela Marcum.

Marcum, 41, is accused in the still-pending case of embezzling more than $27,950 in fees collected from drug court participants.

The conspiracy charge against Layden was dismissed Wednesday after he signed a deferred prosecution agreement. He continues to deny wrongdoing.

Under the agreement with Attorney General Scott Pruitt, the former judge could be prosecuted further if he violates any laws, does not tell the truth, fails to make restitution payments or holds public office.

A deferred prosecution is different from a deferred sentence, which is a type of probation.

Pam Golden remembers when even a simple trip to the grocery store was exhausting.

She couldn’t walk through the aisles and had to drive a motorized scooter.

Golden, 67, had significant heart problems. The left side of her heart was pumping at 5 percent of capacity.

“I was desperate for help that I couldn’t find,” she said.

In August 2011, Golden got the help she was looking for when doctors in Oklahoma City implanted her with what’s known as a left ventricular assist device.

The device takes blood from a lower chamber of the heart and helps pump it to the body and vital organs, just as a healthy heart would, according to the National Heart, Lung and Blood Institute.

A small tube carries blood out of a patient’s heart into a pump. Another tube carries blood from the pump to the patient’s blood vessels, which deliv- er blood to the body.

Golden wears a vest that carries the power source and control unit. She cannot take baths or go swimming, as she has a port in her chest with a wire that runs into the unit.

Infection is one of the biggest risks. Golden has a hole in her side with a cord coming out. If the area became infected, she could face serious complications. Other risks include blood clots, bleeding and device malfunction.

Golden is aware of the risks but thinks the surgery was worth it.

About 10 years ago, she had cancer and underwent chemotherapy treatment. The chemotherapy damaged her heart.

She didn’t know there was a problem until a few years ago when she went on vacation to Lake Tahoe. The elevation change made it more difficult to breathe, and Golden’s problems became more evident.

Early one morning, Golden couldn’t breathe. She was taken to the hospital and doctors thought she might have had a heart attack.

“I said, ‘I haven’t missed a day of work. How have I had a heart attack?’ ” Golden said.

All indicators pointed to a heart attack, and it was determined Golden would need open heart surgery. But when doctors opened her chest they found no clogged arteries or damage.

Finding an answer

Cardiologist Dr. Douglas Horstmanshof finally

Layden was a special judge from January 2006 to October 2011. He oversaw the Pittsburg County drug court.

In an affidavit, Layden admitted he “took actions which in retrospect I should not have taken” after learning in May 2010 the state’s multicounty grand jury was investigat- ing the drug court and that there would be an audit.

“I was unduly trusting of Ms. Marcum and at the time believed she was being unjustly accused,” he stated. “The evidence I have now seen makes me believe the state can prove Ms. Marcum did embezzle funds from the District 18 Drug Court and that she used me in an effort to deflect attention to drug court participants away from herself.”

Prosecutors also dropped a perjury charge against Layden. A trial over the perjury case had been set for next week in Oklahoma County District Court.

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