The Philadelphia District Attorney’s Office last month filed an extensive legal brief opposing a new trial for a man convicted of raping a lesbian.
Jeffrey J. Marsalis seeks a new trial for his 2007 conviction of sexually assaulting three women in Philadelphia. After being convicted of those offenses, Marsalis was convicted of raping a lesbian in Idaho.
Marsalis allegedly drugged his victims prior to assaulting them, but he maintains his innocence.
Marsalis’ request for a new trial is pending before state Superior Court Judges John T. Bender, Judith F. Olson and William H. Platt.
Marsalis is currently serving a 10-and-a-half- to 20-year prison sentence for his local convictions. But he claims his trial attorney served him ineffectively during his 2007 trial.
For example, Marsalis contends his trial attorney should have obtained the medical records of his victims. He claims one of his victims suffered from hypoglycemia and another victim was taking Vicodin.
He contends the women passed out during dates because of their medical conditions and drinking alcohol excessively, not because he drugged them.
But the D.A.’s Office said Marsalis lacks a basis for engaging in a “fishing expedition” for his victims’ medical records.
“[The trial judge] properly rejected [Marsalis’] attempt to engage in an intrusive fishing expedition into personal and irrelevant aspects of his victims’ lives,” the D.A.’s brief states.
Marsalis also claims he was in Idaho when prosecutors say he sexually assaulted a woman in Philadelphia.
But the D.A.’s Office said Marsalis assaulted that victim on two occasions — in October 2003 and January 2004.
“Even if [Marsalis] could show that [the victim] was mistaken about the precise date when the second attack occurred, he could not show that the result of his trial would have been different, since he has no alibi for the first attack,” the D.A.’s brief states.
Marsalis was charged with allegedly raping a prosecutor in the D.A’s Office. He was acquitted of that charge, but maintains the D.A.’s Office should have been disqualified from prosecuting him, due to a conflict of interest.
In its reply brief, the D.A.’s Office said there’s no conflict of interest because the agency has allegiances to the commonwealth, not a particular victim or witness in a case.
“A prosecutor’s duties and loyalties lie with the commonwealth, and not with the victim of a criminal offense,” the D.A.’s brief states. “The victim was just a witness. The prosecutor’s client is the commonwealth and the people who live in the commonwealth. Thus, there was no basis for disqualification and no arguable merit to [Marsalis’] claim.”
Marsalis also claims his trial attorney failed to explain to Marsalis that he could receive free legal assistance from a court-appointed attorney. As a result, Marsalis pleaded no contest to one of the charges, rather than continue paying his attorney to challenge the charge.
In its reply brief, the D.A.’s Office said Marsalis missed the deadline of Nov. 8, 2008, to raise that claim, thus it’s “time-barred.”
Additionally, Marsalis contends the trial judge, Steven R. Geroff, was biased against him and should have recused himself. Marsalis said Geroff referred to him in a deprecating manner and exhibited hostile body language throughout his trial.
The D.A.’s Office also rebutted that claim.
“Though [Geroff’s] description of [Marsalis’] behavior may have been unflattering, it was well supported by the record,” the D.A.’s brief states. “[Geroff] showed remarkable patience in accommodating and responding to [Marsalis’] many complaints. [Marsalis] presented no evidence of bias or ill will.”
Marsalis, 42, remains incarcerated at a state prison in Marienville.
He’s eligible to apply for parole next year. If released, he’s expected to serve a 14-year prison sentence in Idaho for raping a lesbian in that state, according to court records.