A jury in Missoula this week ruled a man failed to prove his innocence — and rejected his request for $750,000 — in what will be the only test of a 2021 state law that gave an opportunity for wrongfully convicted Montanans to seek compensation. Lee Newspapers reporter Seaborn Larson tracked the trial of Cody Marble and joined MTPR’s Austin Amestoy with more on the case and its significance.
Austin Amestoy: So, this trial is unique for a lot of reasons. But, let's start with the big one. Like we said up top, it’ll be the only use of Montana's now-expired wrongful conviction compensation law. So, give us some history here, Seaborn — what was that law intended to do?
Seaborn Larson: Exactly right. So, that started out as a really bipartisan effort, back in about 2019. And, that effort ended up with a bill that was introduced during the 2021 Legislature. At the time, the discussion was, you know, around these wrongful convictions that were happening across the state. Several people whose convictions were overturned were winning big lawsuits against counties where they had been convicted. Lawmakers were saying that these people should be compensated for the years they lost in prison, and the state should essentially put that money up so that these cases don't head into long, costly litigation on the taxpayer dime.
So, despite widespread support among lawmakers, Gov. Greg Gianforte said he'd veto the bill unless counties where these convictions had happened were on the hook. Lawmakers really just wanted to get something over the finish line. But, they signed off on the governor's changes. Officially that law did sunset in 2023. And, Cody Marble was the only person to ever file a claim under that compensation program.
Austin Amestoy: And, let's talk about this case in particular, Seaborn. The name Cody Marble might ring a bell to some of our listeners. Who is Marble and how did this trial come about?
Seaborn Larson: So, Cody Marble 39 now, but when he was 17, he was a juvenile inmate at the Missoula County Detention Center. It was 2002, and a group of other inmates there accused Marble of raping a younger boy at the facility. Over the years, longtime Montana reporter Mike Dennison continued to dig up some inconsistencies in the evidence. And, the Montana Innocence Project really broke the case open again in 2010 when Robert Thomas — that's Marble's accuser — recanted his allegations to the organization while he was in prison.
The Innocence Project built a case that really indicated Marble was this victim of a plot by the other boys in that jail in 2002. And in 2016, a judge overturned that conviction and sent the case back to district court for a new trial. But, Missoula County prosecutors at the time declined to take another run at Marble on those allegations. And, he's basically been on this path to get that compensation ever since.
Remember, Marble is seeking his claim under this new, untested legal framework, and by nature of being the first one to use that compensation program, there's a lot of room for legal arguments where precedent hasn't been set, and for that fight to be drawn out even more than a regular civil rights case would be. So, if we fast forward over a lot of legal work his team is done on that end, that brings us to this trial.
Austin Amestoy: Right. One of the unique things about this law and this case that came up in your reporting that I found really interesting was that the burden was actually on Marble and his lawyers to prove his innocence of that 2002 rape conviction to the jury. But, ultimately, the jury said he didn't meet that bar, right?
Seaborn Larson: Right. And, I do want to say up top here that Marble’s conviction remains overturned. This jury verdict doesn't really change that. But, the legislation we talked about ultimately required a really high standard to get this, sort of, no-questions-asked compensation package. Without DNA evidence, Marble was up against that really high bar in this case. So, what Marble mostly relied on was Missoula County's decision to dismiss his charges after the conviction was overturned. Prosecutors at the time made a big deal of their review of the case — boxes and boxes of evidence to come to that conclusion. But Kirsten Pabst, Missoula County attorney at the time, was pretty stern last week about saying she never said Marble was innocent, more that her thinking at the time was that she couldn't get another guilty verdict from a jury.
Austin Amestoy: Seaborn, given that Marble suit was the only one filed under that 2021 law, do you think this is going to color any discussions at the next Legislature about maybe trying to revive that law, or maybe leaving a dead for good?
Seaborn Larson: It's an interesting question. And I think, we kind of have to look at the composition of the Legislature back in 2019 when they took up this effort. And, where we're at today, obviously; Republicans have expanded their reach. We're seeing some of the lawmakers who were heavily involved in the original process move on to different things.
You know, Gov. Gianforte is up for reelection this year. I think the Legislature may change its complexion a little more. And so, we might have, you know, different sides on this debate, but it does sound like the compensation package will be on the table once again. A couple of months ago, before this trial, the Law and Justice interim Committee at the Legislature were, sort of, drafting work ahead of the 2025 session, and did set themselves on a course to revisit this law. And, so, yeah, I do expect to see it again in January.
Austin Amestoy: Well, we'll have to keep tabs on it. Seaborn, thanks for coming in.
Seaborn Larson: Thanks.
