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Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
20 years with 15 years suspended |
Years Imprisoned: |
5 |
Year Crime: |
2002 |
Year Convicted: |
2002 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Montana |
County or Region of Crime: |
Missoula |
City of Crime: |
Missoula |
Result: |
Judicially Exonerated |
Summary of Case: |
"Cody William Marble was wrongly convicted in November 2002 of sexual intercourse without consent for allegedly raping a fellow inmate at the Missoula County Juvenile Detention Center on March 10, 2002. Cody Marble was 17 at the time, and in custody for a probation violation. Marble's conviction was based on the testimony of his alleged victim, 13-year-old Robert Thomas, that Marble anally raped him. After his conviction by a jury Cody Marble was sentenced to 20 years in prison, with 15 years suspended. On August 23, 2005 the Montana Supreme Court affirmed Marble's conviction. A post-conviction investigation resulted in Thomas recanting his testimony in 2010. Marble filed a post-conviction petition to overturn his conviction, but Thomas recanted his recantation, and Marble's petition was denied in 2013. Thomas was paroled in 2013, and he committed suicide after a 21-hour standoff with police in Havre, Montana in April 2014. Marble appealed the denial to the Montana Supreme Court. In a majority 5 to 2 ruling, on August 14, 2015 the Montana Supreme Court reversed the district court judge's ruling, and remanded Marble's case for review of his new evidence under the statutory test set forth in §§ 46-21-102(2) and -201, MCA. further proceedings in a majority 5 to 2 ruling. After initiating an investigation of Marble's case in 2014, in April 2016 the Missoula County District Attorney's Office dropped its opposition to Marble's petition. After holding two additional evidentiary hearings, on January 3, 2017, retired State District Judge Ed McLean granted Marble's petition on the basis that Thomas' recantation was credible new evidence, and ordered a new trial. Missoula County Attorney Kirsten Pabst announced she would not retry Marble, and would file a motion to dismiss the charges. After Marble was released in 2007 from his sexual assault conviction, he was twice convicted in Missoula County of "Criminal possession of dangerous drugs": first in 2008 when he was sentenced to 5 years in prison, and again in 2013 when he was give a suspended 5 year prison sentence. In October 2017 Marble was conditionally released from jail to finish the final 204 days for a probation violation of his 2013 drug conviction: if he commits a violation during that time he would be taken back into custody to finish his sentence." |
Conviction Caused By: |
Perjury by the alleged victim. |
Innocence Proved By: |
"On January 3, 2017, retired State District Judge Ed McLean granted Marble's petition on the basis that Thomas' recantation was credible new evidence, and ordered a new trial. Missoula County Attorney Kirsten Pabst announced she would not retry Marble, and would file a motion to dismiss the charges." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
17 |
Age When Released: |
22 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"More than 14 years after rape conviction, Missoula man finally exonerated, KXLF.com, January 3, 2017" |
Information Location 1: |
http://www.kxlf.com/story/34174040/more-than-14-years-after-rape-conviction-missoula-man-finally-exonerated |
Information Source 2: |
"State v. Marble, 119 P. 3d 88 (Mont. Supreme Court 2005) (Affirming sexual assault conviction.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=14643139636604953352&q=Cody+William+Marble&hl=en&as_sdt=6,48" |
Information Source 3: |
"Marble v. State, 355 P. 3d 742, 2015 MT 242, 380 Mont. 366 (Mont. Supreme Court 2015) (Remanding for consideration of Marble's new evidence by the correct statute.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=16312309632122517911&q=Cody+William+Marble&hl=en&as_sdt=6,48" |
Information Source 4: |
"Cody William Marble, Montana Dept. of Corrections Offender Information webpage (last viewed 1-4-2017)" |
Information Location 4: |
https://app.mt.gov/conweb/Home/OffenderNumber/2044197 |
Information Source 5: |
"Exonerated ex-inmate Cody Marble freed from jail; supervision set, By Mike Dennison (MTN News), KTVQ-Q2 (Billings, MT), Oct 30, 2017" |
Information Location 5: |
http://www.ktvq.com/story/36716345/exonerated-ex-inmate-cody-marble-freed-from-jail-supervision-set |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org