Woman awaits sentence

Randy Mitchell Staff Writer

Ada June 08, 2009 09:28 am

— A woman accused of murder awaits her fate after entering a blind plea of guilty in Pontotoc County District Court.
Mary Jan Martinez, 38, Allen, originally charged with first-degree murder, pleaded guilty to second-degree murder and will be sentenced June 29 at 9 a.m.
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 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.
According to a court affidavit, a subsequent investigation found that Martinez visited Ellis April 15, 2007, and she showed the Pontotoc County jailer on duty a DOC nurse badge issued from the Mable Bassett Correctional Center. She was then allowed a contact visit with Ellis.
Dana Deatherage, a family member of Ellis’, told Pontotoc County sheriff’s officials that Martinez was fired from her job with the Oklahoma DOC and allegedly told sheriff’s department officials that Martinez used her badge to gain access to Ellis and that she smuggled three “pento patches,” six Soma pills and a few “norco” pills to Ellis.
Jail surveillance video shows Martinez giving Ellis some type of substance, which he appears to swallow.
Pontotoc County officials contacted the Warden of Mable Bassett Correctional Center and were told Martinez was no longer an employee and was not authorized to have or display a DOC identification badge.
As part of the plea agreement, Martinez had to admit she did commit the crime.
“I Mary Jan Martinez Ellis at the approximate time and date April 15, 2007 3:30 p.m. under prescribed medications of fentanyl, soma, klonapin and norco did not have clear judgment and effective judgment and delivered fentanyl to my brother David Ellis,” Martinez wrote in a statement.
Judge Tom Landrith ordered a presentence investigation. Martinez faces a sentence of 10 years to life in prison. Part or all of the sentence could be reduced to probation.
Officials said this was a tough case in that the victim’s family is also the defendant’s family and prosecutors did not believe she intended to kill Ellis.

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