Article Summary –
After more than seven years since Montana Judge Ed McLean overturned the conviction of Cody Marble, who was convicted in 2002 for raping a 13-year-old boy in a juvenile detention center, both McLean and Kirsten Pabst, who filed the dismissal motion in 2016, now state they were deceived. Their statements come in the context of Marble’s ongoing civil lawsuit against Missoula County and the state of Montana for wrongful conviction. The lawsuit has revived the question of Marble’s guilt and could potentially result in a payout of $758,000 if he prevails, with Missoula County responsible for 75% of the damages.
Cody Marble, wrongfully convicted of rape in 2002, is once again at the center of a high-profile legal dispute. Judges and attorneys who previously supported Marble’s vindication now claim they were deceived, leading to a dramatic twist in Marble’s ongoing civil suit against Missoula County and Montana state.
Filed in 2021, Marble’s suit seeks compensation for wrongful conviction under a law enacted by the Montana Legislature that same year. If successful, he would receive $758,000, with Missoula County bearing 75% of the damages.
Rather than validating Marble’s innocence, this case is reopening doubts about his guilt and reigniting a legal saga that began 22 years ago. Marble was accused of raping Robert Thomas in a juvenile detention center in 2002, a claim he consistently denied.
Marble’s case is heavily contested, with the Montana Innocence Project, a nonprofit which played a critical role in Marble’s 2017 release, being scrutinized by Missoula County’s defense team. They accuse the organization of misrepresenting crucial evidence, leading to an aggressive defense strategy.
The case is further complicated by the “newly revealed information” about the alleged victim recanting his testimony. The information is not new but is extracted from a memo from 2010. The content of the memo has resulted in retractions by retired Judge Ed McLean and Missoula County Attorney Kirsten Pabst, both who previously supported Marble’s release.
Despite these claims, Marble’s lawyers assert that the document supports their client’s innocence. The case is now in the hands of Montana District Court Judge Shane Vannatta, with the trial set to start on May 13.
Marble’s case is the first under the wrongful conviction compensation law passed by the Montana Legislature in 2021. The future of the law is uncertain after Gov. Greg Gianforte vetoed a bill that aimed to amend certain sections of the law, including transferring the liability from counties to the state.
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