Judge denies inmate a new trial in rape case

HELENA — A judge has rejected a Montana State Prison inmate’s argument that he deserves a new trial for a 2002 rape in a juvenile detention center that he says didn’t happen.

State District Judge Douglas Harkin found Tuesday that Cody Marble, of Missoula, failed to present evidence that “affirmatively and unquestionably” established his innocence, Lee Newspapers of Montana reported.

Marble, with the help of the Montana Innocence Project, obtained a signed recantation in 2010 from the man he was convicted of raping. But 18 months later, the man reneged on his recantation, saying officials with the Innocence Project badgered him. The Innocence Project has denied that accusation.