Published: May 06, 2008 06:41 pm      

Woman held in drug smuggle, death case

Ada — District Judge John David Miller, after hearing witness testimony Monday, ruled there is probable cause for Mary Jan Martinez, 38, Allen, to be bound over for formal arraignment on the charge of first-degree murder.

Martinez was charged in 2007 after officials alleged she smuggled drugs to her brother in Pontotoc County jail who later died of a drug overdose. Officials said she disguised herself as a nurse and smuggled drugs into the Pontotoc County jail, giving them to David Wayne Ellis, 47, Allen. He was found dead in his cell April 16, 2007. Toxicology reports indicated Ellis’ system contained several controlled substances, including Fentanyl. An autopsy report listed the probable cause of death as Fentanyl intoxication.

Miller began by denying Martinez, who was without an attorney, a continuance because the case had been delayed several times over the past year. He said she was denied an attorney through the Oklahoma Indigent Defense System because she posted a $75,000 bail and could have used the money to hire an attorney.

Martinez argued she never knew posting bail would hurt her chances of getting an attorney through OIDS and she didn’t know at the time of bail she would be charged with first-degree murder. Miller said she has had plenty of time to find counsel and was told the preliminary hearing would proceed Monday with or without an attorney.

District attorney Chris Ross called Justin Miller to the stand. Miller was employed as a jailer at the time of the incident and told the court Martinez showed him an ID card saying she was a nurse with the Oklahoma Department of Corrections and requested a medical visit with Ellis.

Undersheriff Joe Glover testified Martinez’s visit with Ellis was captured on video.

During a review of the tape, Martinez is clearly seen giving Ellis something which he appeared to put in his mouth before the visit was over, Glover said.

Martinez’s niece, Dana Deatherage, said Martinez told her shortly after the incident she smuggled “pento patches,” "soma" and “norco” pills to Ellis, but said she believed Martinez would never intentionally hurt Ellis.

Martinez must appear for a formal arraignment May 29.