Memorial Day 2008 rape trial delayed until 2010
by Franklin Clark -- fclark@cadizrecord.com
Jul 15, 2009 | 0 0 comments | 2 2 recommendations | email to a friend | print
Almost two years after they were first arrested, five Trigg County men that are charged in the 2008 Memorial Day weekend rape of a girl who was then 16 years old will go to trial in the spring of next year.

According to court records, 56th Circuit Judge C.A. “Woody” Woodall set a trial date for Monday, April 19, 2010, for 21-year-old Marcus Mayes of 75 Cerulean Road, 20-year-old Nicholas King of 857 Hurricane Road, 21-year-old Chase Oakley of 3842 Rockcastle Road, 20-year-old Devon Morris of 1200 Julian Road and 20-year-old Christopher Futtrell of 2980 South Road during a Trigg County Circuit Court motion rule day last Wednesday afternoon.

All five suspects are scheduled to be tried together, and the trial could possibly take as long as two days.

“It’s unfortunate that it takes this long … however, this is a relatively new indictment,” Woodall said.

With five suspects, five different attorneys, and the fact that Woodall is a judge for four counties, April of next year is the earliest month that a trial for the defendants could be scheduled, the judge said.

Commonwealth’s Attorney G.L. Ovey also said that April 2010 was picked because that is the earliest date that could be scheduled. He went on to say that because they wanted to try all of the suspects at once, they wanted to wait until the Trigg County Judicial Center is complete.

“We only have trial terms in April, August and November,” Ovey said. “Our August trial docket is full with drug cases from Operation Wildcat, and in November we have the Dunlap trial … April 2010 is the first trial date available which gives us a full week.”

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.

Two other men that have been accused in the case haven’t been indicted by the grand jury.
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