Montana Supreme Court takes up man's request for new trial after victim recanted rape charge

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HELENA, Montana — A Missoula man convicted of raping a 13-year-old boy when they both were in a juvenile detention center is asking the Montana Supreme Court to grant him a new trial.

Cody Marble was convicted in 2002. 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 killed himself during a police standoff last year.

Marble is now 30 and on parole. His attorney says a jury should be allowed to review the contradictory statements to evaluate the man's credibility.

A district judge last year rejected Marble's request for a new trial. Marble appealed to the Supreme Court, which heard arguments last week.

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