Memorial Day 2008 rape suspects will be tried together
by Franklin Clark, Reporter -- fclark@cadizrecord.com
Jan 20, 2010 | 0 0 comments | 8 8 recommendations | email to a friend | print
Circuit Court Judge C.A. “Woody” Woodall ordered last Wednesday that the cases of five suspects in a 2008 Memorial Day weekend rape case be consolidated at the request of Commonwealth’s Attorney G.L. Ovey, during a motion rule day at the circuit courtroom in the Trigg County Justice Center.

The next pre-trial conference for the five suspects was scheduled for Wednesday, March 10, at 1 p.m. in the circuit courtroom. At the April trial, all five suspects are scheduled to be tried together, and the trial could possibly take as long as two days.

According to court records, Woodall, who presides over the 56th Circuit, set a trial date last year for Monday, April 19, through Wednesday, April 21, for Marcus Mayes of 75 Cerulean Road, Nicholas King of 857 Hurricane Road, Chase Oakley of 3842 Rockcastle Road, Devon Morris of 1200 Julian Road and Christopher Futtrell of 2980 South Road during a Trigg County Circuit Court motion rule day last Wednesday afternoon.

Ovey, four of the five defense attorneys and Woodall discussed other recent motions filed, such as one by King’s attorney, Bill Deatherage, to obtain Brady material that could possibly help the defense’s case.

The other motion that was discussed was one filed by Petey Rogers, Morris’s attorney, in aid of discovery asking Ovey to turn over a computer that may have evidence, but which Ovey doesn’t think was ever logged as evidence.

Ovey was given two weeks to turn over a computer that may contain information relevant to the case, or to tell the defense that the prosecution doesn’t have it. Last Wednesday, Ovey told the judge he didn’t know where the computer in question was.

Ovey said that April 2010 was picked because that is the earliest date that could be scheduled. He also said that because they wanted to try all of the suspects at once, they wanted to wait until the Trigg County Judicial Center is complete.

Futrell is being represented by Mike Ruchelle, Mayes by Ben Leonard, who was absent during the hearing, and Oakley by Jill Giordano.

Futrell, King, Morris and Oakley are each charged with rape in first degree and sodomy in the first degree. Futrell, King, Morris and Oakley are accused in the indictments of having sexual intercourse and deviant sexual intercourse with someone who was allegedly incapable of consent because she was physically helpless.

Mayes is charged with rape in first degree and has been accused of having sexual intercourse with the girl. Charges against all five men are listed as class B felonies, court records indicated.

The five are accused of raping a girl who was 16 years old at the time over the course of the weekend of Memorial Day in 2008. Two other men that have also been accused in the case haven’t been indicted by a grand jury.
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