DANVERS — A nurse at a Danvers assisted-living facility charged with swapping residents' pain medication for a generic form of Tylenol is asking court officials to delay her case so that she can enroll in a drug treatment program.
But while state law gives defendants that option, prosecutors in this case aren't sure it should be for the five years Amy Martin would spend taking part in a state-run treatment program for nurses.
Martin, 29, of Marblehead, was arraigned, over the objection of her attorney, yesterday in Salem District Court on six counts of larceny of prescription medication and a charge of possessing a class B substance. Pleas of not guilty were entered on her behalf.
Prosecutors allege that for months, Martin, who worked at the Brightview Danvers assisted-living facility, was replacing Vicodin and oxycodone pills with acetaminophen.
The thefts were discovered after the niece of one resident went to administrators with her suspicions. Administrators and the Danvers police conducted an investigation, and Martin, questioned in October, confessed, according to a police report.
Yesterday, her defense lawyer, Mark Barry, said he was hoping to delay the case while Martin takes advantage of a state law that allows drug-dependent defendants to delay their court cases while they are in treatment.
Barry said outside court that he is seeking to have Martin enrolled in the Nursing Substance Abuse Rehabilitation Program, which is run by the state Executive Office of Health and Human Services.
Barry said he's already had her evaluated by a private doctor who believes she would qualify for the five-year program.
Judge Sabita Singh, however, suggested that the court's own staff psychologist meet with Martin to conduct an evaluation.
Barry said Martin became dependent on pain medication after undergoing orthopedic surgery. But he expressed surprise that no one at the facility noticed her addiction in the time that she was working there.
"Basically, what we've got is a person who failed the system," Barry said.
Singh scheduled a status hearing in the case for March 21.
In the meantime, Martin has been barred from going anywhere near the Endicott Street facility and was also warned that if she violates that order or gets into any further trouble with the law, her release on personal recognizance could be revoked for up to 60 days.
Courts reporter Julie Manganis may be reached at 978-338-2521 or at jmanganis@salemnews.com.
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