Jeffrey J. Marsalis, a former Center City resident who raped a lesbian in 2005, continues his quest to be released from prison.
Marsalis sexually assaulted two women in Philadelphia prior to traveling to Idaho in 2005 and raping a lesbian. He was able to travel to Idaho because he was released on bail pending the outcome of the Philadelphia cases.
Local prosecutors claim Marsalis administered an unspecified “date-rape” drug to his Philadelphia victims, but Marsalis denies the allegations.
In 2007, a Philadelphia jury convicted Marsalis of two felony counts of sexual assault, and he pleaded no contest to a misdemeanor count of unlawful restraint.
Common Pleas Judge Steven R. Geroff sentenced Marsalis to a minimum of 10-and-a-half-years’ imprisonment.
In 2009, Marsalis was convicted of raping an Idaho lesbian and was sentenced to a minimum of 15 years.
Last month, Marsalis filed a 40-page appeal in Pennsylvania Superior Court, reiterating his innocence and seeking a new trial. He also requested his release from prison while awaiting a new trial.
His appeal emphasizes the alleged lack of evidence that he administered a “date-rape” drug to his Philadelphia victims.
Marsalis claims the women voluntarily drank alcohol while on dates with him, and were on prescription medications such as Vicodin that contributed to their passing out.
Marsalis also requests a new trial on the basis that the Philadelphia District Attorney’s Office allegedly has an “impermissible conflict” in the matter.
He notes that one of his alleged victims served as an assistant district attorney in Philadelphia at the time of his trial, though she didn’t prosecute him.
Marsalis was acquitted of raping the woman, but he claims her involvement in the case contributed to the D.A’s alleged lack of objectivity. The woman, who no longer works in the D.A.’s office, is identified in court papers as “M.S.”
“Given [M.S.’] capacity as an alleged victim of [Marsalis], it cannot be said with any degree of confidence that the individual prosecutors comprising the Philadelphia District Attorney’s Office did not have a personal interest in the outcome of the trial, thereby creating the sort of impermissible conflict prohibited under [case law],” Marsalis’ appeal states.
The alleged conflict contributed to an unjust outcome, and necessitates the D.A.’s removal from the case, according to Marsalis.
“The interest of the Philadelphia District Attorney’s Office in the present matter is not that justice be done and the truth prevail, but to further the personal interests of one of their own, seeing that justice is done for M.S.,” the appeal continues.
D.A. spokesperson Cameron Kline issued this statement: “The Philadelphia District Attorney’s Office stands by the position we took in the Court of Common Pleas’ previous review and maintain that his conviction should be affirmed.”
Additionally, Marsalis’ appeal claims Geroff was biased.
“The trial record is replete with instances of Judge Geroff’s inappropriate and deprecating remarks directed towards [Marsalis],” the appeal asserts.
The appeal blasts Geroff for referring to Marsalis as a “wolf in sheep’s clothing,” and for saying Marsalis is a “menace” to any woman he dates, even if it’s a “long-distance” relationship.
“An unbiased judge would not make such statements, especially in light of the spurious nature of the evidence presented against [Marsalis] at trial, which ultimately led the jury to acquit [Marsalis] of all charges but two counts of sexual assault,” the appeal states.
The appeal blasts Geroff for inappropriate facial expressions and a hostile tone of voice during Marsalis’ trial.
“His condescending voice inflection, facial expressions of disgust, scorning glances and dismissive body language in response to [Marsalis’] stated bases for the disqualification of the Philadelphia District Attorney’s Office — while not reflected in the record — portrayed Judge Geroff’s disdain for [Marsalis] with graphic precision,” the brief opines. It also claims Geroff’s alleged bias contributed to an excessive prison sentence, since Marsalis had no prior record.
Marsalis, 42, remains incarcerated at a state prison in Marienville. After his release, he must begin serving a minimum of 15 years in an Idaho prison for raping a lesbian.
He couldn’t be reached for comment for this story.