The Journal Gazette
Tuesday, December 03, 2019 1:00 am

Defendant in rape asks to retract guilty plea

Claims his attorney was working with prosecutors

MATTHEW LEBLANC | The Journal Gazette

A man who faced a year behind bars for breaking into a home in July wants to take back his guilty plea. 

Charles Marcum II, 47, had been charged with burglary and two counts of rape but pleaded guilty in November to the lesser charge as part of an agreement with prosecutors. The agreement called him to serve one year of a 21/2-year sentence.

The burglary and rape charges would have been dismissed, under the terms of the deal.

In court Monday, Marcum told an Allen Superior Court judge he has rethought the plea.

Police were called about 4 a.m. July 14 to a home, where a neighbor told police a man was trying to get into the home and was knocking things over on the porch. According to a probable cause affidavit, the man got in, and the woman told investigators she awoke to find Marcum on top of her, holding her down.

The woman's son was in the same room, and police said evidence on Marcum's clothes linked him to the crime – something Marcum denied in a letter to The Journal Gazette Nov. 19, the day after he pleaded guilty.

He also said in the letter he is innocent and accused his attorney of working for prosecutors. 

Marcum filed a handwritten letter Nov. 25 with the court claiming “ineffective assistance of counsel and by a partly coerced confession of my plea.”

Each of the rape charges carries a penalty of up to 16 years in prison. The judge did not rule on whether Marcum can take back the plea.

A Friday court hearing was scheduled.

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