MISSOULA — Cody Marble was denied a $750,000 judgment by a Missoula jury on Tuesday in the final test of a Montana law that compensates those wrongly convicted of a crime. Despite being exonerated seven years ago on a rape conviction, Marble failed to prove his innocence in the 22-year-old case, leading to the jury’s decision after a seven-day trial and five-plus hours of deliberation, as reported by the Montana Free Press.
Convicted in 2002 of raping a fellow inmate at the Missoula County Juvenile Detention Center, Marble, now 39, has always maintained his innocence, stating that the crime never happened. After a lengthy legal battle, he was cleared of the charge in 2017 following a court ruling that prompted the county attorney to dismiss the case.
However, Marble’s attempt to claim compensation under a new state law in 2021 was vigorously opposed by Missoula County and the state, arguing that his exoneration did not equate to innocence. The law required claimants to establish their innocence to receive compensation, although it is no longer in effect.
During the trial, Marble’s attorney, Mark Kovacich, challenged the county and state’s stance, questioning why Marble would commit such a crime in a public setting just before his release from the detention center. Despite Marble’s testimony asserting his innocence, the jury sided against him, rejecting his claim for compensation.
Marble is the sole individual to have filed a claim under Montana’s 2021 wrongful conviction compensation law, which has since lapsed. Governor Greg Gianforte’s veto of a bill in 2021 shifted the responsibility for compensation costs from the state to the county where the person was prosecuted, leading Missoula County to play a prominent role in Marble’s case.
