Havre man pleads guilty in rape case

Havre man pleads guilty

in rape case

After making some contradictory statements at a hearing, a Havre resident pleaded guilty today to charges of sexual intercourse without consent and failure to register as a violent offender.

Mark Justin Denny, 28, pleaded guilty to the charges in District Judge John Warner's courtroom. Warner denied a request to lower bail to $5,000, keeping it at $50,000 pending sentencing on Feb. 3.

The charge of failure to register has a maximum penalty of 10 years in prison and a $10,000 fine. The rape charge is punishable by up to life imprisonment and a $50,000 fine. Randy Randolph, Denny's attorney, said a plea agreement with the Hill County Attorney's Office recommends five years for each charge to be served consecutively.

Denny also pleaded guilty to not reregistering as a violent offender after serving time for an assault charge. He was convicted of assault on July 15, 1996. The complaint charged that he failed to reregister with the county authorities when he was required to on Oct. 20, 2000.

"When I did get out of prison I did register and I didn't know I had to reregister. I forgot," he said.

The criminal complaint said that on July 7, 2001, Denny offered to help a woman, who was fishing near the Milk River bridge, find her dogs, which had run away. After walking with her along a trail, he threw her to the ground and raped her, the complaint said.

After first pleading guilty, Denny then said the sex was consensual as far as he knew, but that he doesn't know anything about the incident.

"Last spring something happened, right, with this lady," Warner said. "Are you telling me you remember it or not? She said you did (rape her). Do you deny that you did?"

"How can I deny it if I don't know?" Denny responded.

Hill County Attorney David Rice then suggested that Denny plead no contest, meaning that he would be convicted without admitting guilt.

Warner said Denny's comments precluded that plea.

"I think we will just have to go to trial," he said.

Warner continued to question Denny and Randolph. They said they were aware that the alleged victim would testify for the prosecution and that DNA evidence shows Denny had sex with her.

Warner then accepted his plea of guilty.

"The defendant realizes the results will be the same, incarceration, and knows the evidence is there and he knows he could be convicted," Warner said.

Warner said the court will consider the plea agreement, but reminded Denny that he is not bound by it.

"Will you accept it?" Denny asked.

"I'm not going to tell you," Warner said.

Warner asked Randolph why he should consider reducing bail in the case. Denny's criminal record, previous actions and attitudes raise questions about doing so, he said.

Denny was arrested Monday on a charge of bail jumping when he arrived for his trial about 55 minutes late. Warner issued a warrant after releasing the jury pool and postponing the trial.

Denny was also late for a competency hearing Nov. 20.

Rice said after the trial that Denny was uncooperative with officials at Warm Springs when they attempted to conduct competency studies. The study determined that Denny had some cognitive problems, but was deemed fit to proceed.