HELENA – Cody Marble, who won a 14-year fight to erase a rape conviction, had his probation revoked on Friday on an unrelated drug charge, after refusing to report to his probation officer for three months.
Marble, 33 years old, who was arrested last month in South Dakota as he returned to Montana to turn himself in, will now face another 254 days on a suspended sentence for the drug charge.
He may spend that time under an intensive supervision program with the state Department of Corrections, or he may simply decide to sit out the time in jail, said his father Jerry Marble.
“It’s disgusting; it’s deplorable,” Jerry Marble told MTN News after a hearing in Missoula. “But it is what it is. It’s just wrong. …. It’s almost like that 15 years of wrongful imprisonment doesn’t mean anything.”
Another hearing was scheduled in two weeks, to decide whether and where Marble may go for intensive supervision. He remained in the Missoula County jail.
Cody Marble was released from prison last year after Missoula County prosecutors filed to dismiss the 2002 rape charge, which was formally dismissed in January.
Marble, convicted in November 2002 for a jailhouse rape of a fellow inmate in the Missoula County Juvenile Detention Center, denied the crime ever occurred. He was sentenced to 15 years in prison.
He spent numerous years in prison while he fought to overturn the conviction and finally succeeded this year, with the help of the Montana Innocence Project.
But he pleaded guilty to felony drug possession in 2013, while out on parole from the rape sentence, and got a five-year suspended sentence. He remained on probation for the drug charge when he was released from prison on the rape sentence.
Marble and his father argued that he should be freed entirely from state supervision, but authorities said the separate charge still stood.
Earlier this summer, Missoula County prosecutors filed to revoke Marble’s suspended sentence on the drug charge after Marble was involved in an altercation this May in Conrad.
Marble’s parole office had ordered him to report to jail, and Marble refused and left the state. Marble had been traveling in the Midwest before deciding in August to return to Montana and turn himself in, his father said.
Authorities in Spearfish, S.D., arrested him Aug. 23 as he drove back and Marble then was transported to Missoula for Friday’s hearing.
Jerry Marble said District Judge John Larson revoked Cody Marble’s probation for “absconding” from supervision.