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Decatur man accused of rape denied bond reduction in bid to be released from jail

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DECATUR — Marvin F. Smith, who has pleaded not guilty to beating and choking a Decatur woman before raping her multiple times, failed in a court bid Thursday to have his $75,000 bail taken away so he could be released from jail while he awaits trial.

Smith appeared in Macon County Circuit Court with his public defender, Michelle Sanders, asking for his bail to be exchanged for a recognizance bond, which would not involve putting up any money.

Sanders had argued that Smith, 54, had been held in the Macon County Jail since his arrest March 5. He faces two charges of aggravated criminal sexual assault involving bodily harm and one charge of unlawful restraint, which he also has denied.

Sanders said repeated delays in DNA test results have dragged out the case, which is now set for a jury trial Jan. 14. She said Smith has medical issues that are difficult to address in jail and his mother was involved in a serious car accident and needs his help during her recovery.

Assistant State’s Attorney Kate Kurtz said the crimes of which Smith is accused are too serious and he has a violent criminal record too troubling to allow the removal of his cash bond requirements. She said his trial will involve testimony from another alleged victim who said she was attacked in the same way before the charges Smith is currently facing.

A sworn Decatur police affidavit about those charges said Smith held a 30-year-old woman against her will in his Decatur apartment on March 2, slapped her, choked her and forced her to perform sex acts before raping her. She only escaped after activating an emergency alarm in the apartment and screaming for help when somebody came to the apartment door.

Ruling in the bond reduction motion, Judge Thomas Griffith said it would be inappropriate to remove Smith’s cash bond.

“To get right to the point, these are obviously very serious allegations and, to be frank, they do trouble me at a distinct level,” Griffith said. “I don’t know the truth or veracity of anything at this point, but they are very troubling allegations.”

He said the DNA analysis delays had been no one’s fault, and there was a now a firm trial date in January. He told Sanders that if it fell through, she could bring her bond reduction motion back to court where it “will probably be well-taken,” the judge added.

2018 mug shots from the Herald & Review

Contact Tony Reid at (217) 421-7977. Follow him on Twitter: @TonyJReid


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