Former county attorney says judge can't dismiss 2002 rape case

MISSOULA (AP) — A state judge has no authority to grant a motion to dismiss a 2002 rape case, the former Missoula County attorney said when given a change to respond to the motion.

Missoula County Attorney Kirsten Pabst, a graduate of Havre High School, filed a motion last month to dismiss the case against Cody Marble, arguing that three witnesses, including the alleged victim, had recanted their testimony about the alleged rape in a juvenile detention center when Marble was 17 and the complainant was 13. Jail officers also said there was no window of opportunity for the rape to have happened....