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Marble continues to wait for resolution on probation violation

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Cody Marble sits in the gallery during the hearing on his case in Missoula District Court in 2016.

Cody Marble — who was exonerated of a 2002 rape conviction earlier this year, but found himself in a cell and back in the courtroom again this summer — will wait at least three more weeks to find out what will happen to him.

Marble, 33, was released from custody in spring 2016 while his Montana Innocence Project-backed exoneration case was ongoing. While he was freed from any restrictions from the rape case, he was still on probation for a separate 2013 drug conviction.

This summer, prosecutors filed to revoke that suspended sentence for probation violations in Conrad where he was living, including that he did not turn himself into the jail when told to by his supervising officer. In late August, he was arrested in South Dakota.

The initial request for a warrant included that Marble also had been charged with a new misdemeanor, which was later found to not have happened.

On Sept. 8, Marble admitted to having absconded from supervision and asked to be sentenced, but Missoula County District Court Judge John Larson decided to wait for a few weeks, asking that Marble be screened for several different Department of Corrections programs.

Marble’s sentence is likely to be the original five-year period of his suspended sentence. But if he gets credit for all of the time he has already spent in custody, that would leave him with fewer than 250 days to serve.

In court Thursday, Marble’s attorney Myshell Lyday told the judge one of the programs he wanted to be screened for didn’t exist in Conrad, and that Marble hadn’t been screened for another.

But Lyday and prosecutor Jason Marks said they have a different option they want to present to the judge. She asked that he sentence Marble to the Department of Corrections, but order that he be put directly on conditional release in the community. Lyday indicated this is far from common for judges to do, and that she and Marks needed more time to work out exactly if, and how, Larson would be allowed to make it happen.

Because of the attorneys' schedules, Larson set another hearing for Oct. 19 for Marble.

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