HELENA — The Montana Supreme Court will decide whether to grant a new trial to a Missoula man who, as a teenager, was convicted of raping a 13-year-old boy who later recanted his accusation.
Cody Marble, who is now 30 and on parole, was convicted in 2002 of the rape in a juvenile detention center when he was 17. Eight years later, the person he was convicted of raping recanted his story.
The man later reneged on that recantation, saying officials with the Montana Innocence Project who were helping Marble had badgered him into it. He shot and killed himself during a police standoff last year in Havre.
A district judge rejected Marble’s request for a new trial last year. Marble appealed to the Supreme Court, which heard arguments in the case last week.
His attorney, Colin Stephens, told the justices a jury should be allowed to see the evidence of the man’s contradictory statements to evaluate his credibility.
The new evidence doesn’t have to prove Marble’s innocence, only show that it could lead to a different outcome at a new trial, Lee Newspapers of Montana reported Stephens as saying.
Assistant Attorney General Tammy Plubell said the 2002 trial was “error-free.” State law on appeals cases requires Marble to show that he did not commit the rape, a higher bar than presenting new evidence that may lead to a different outcome, she said.
Forcing the state to retry a 13-year-old case would not lead to a fair trial with a more reliable result, Plubell said.
“Our criminal justice system must strike a balance between finality and fairness,” she said.
The Supreme Court took the case under advisement and will rule later.