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Rape, incest conviction overturned

Prosecution starting over

Posted: July 10, 2014 - 5:01pm

A Faulkner County man will face charges of rape, incest and sexual assault after his 2005 convictions were overturned by the Arkansas Supreme Court.

Marcus Rackley was sentenced to 37 years in the Arkansas Department of Correction on charges of rape, incest, sexual assault and sexual abuse after a jury found him guilty of raping a teenage relative over a period of four or five years.

Rackley, on appeal, contended that his trial counsel was ineffective in several aspects. The Arkansas Supreme Court reversed and remanded the case, putting it back in the hands of the 20th Judicial District. If convicted again, Rackley will be entitled to jail credit for the time he has served as a result of the charges.

Deputy Prosecutor Troy Braswell said, “A jury convicted this defendant of sexual offenses involving a minor. We take these cases very seriously. Despite the Court’s ruling, the State will not be discouraged from going forward with the current prosecution. The case was not reversed on evidentiary grounds. As such, we have an affirmative duty to seek justice, both for the victim and the community.”

At the time of the first trial, Rackley was married to a woman who was also arrested in connection with the case and was charged with permitting the abuse of a minor, a class B felony. The charges against his former wife were later lowered to endangering the welfare of a minor, second degree, a misdemeanor. At trial, Rackley’s attorney, Max Horner, represented both him and his then-wife. One of Rackley’s arguments for appeal was that the dual representation created a conflict of interest that adversely affected Horner’s performance.

Rackley is out on a $75,000 bond with a GPS monitor, and an order of no contact with the victim has been issued. His next pre-trial date was scheduled for Monday, but his attorney, Frank Shaw of Conway, has entered a motion for a continuance.

(Staff writer Rachel Parker Dickerson can be reached by email at rachel.dickerson@thecabin.net or by phone at 505-1236. To comment on this and other stories in the Log Cabin, log on to www.thecabin.net. Send us your news at www.thecabin.net/submit)

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