Appeals court denies new trial for convicted rapist

Published: Saturday, Aug. 1, 2009 9:33 p.m. MDT
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The Utah Court of Appeals has denied a request for a new trial made by a man prosecutors believe is a serial rapist.

In a decision handed down Thursday, the court of appeals affirmed the jury conviction of 31-year-old Azlen Adieu Farquiot Marchet on first-degree felony rape.

Marchet had claimed the trial judge did not properly instruct the jury as to the elements of rape and that the court should not have allowed the testimony of other women who alleged that Marchet had raped them. Marchet also claimed his defense attorney was ineffective.

The appellate judges stated the jury was properly instructed on the elements of rape, that Marchet's attorney was not ineffective, and that the trial judge "scrupulously examined" the testimony of the women and had the discretion to admit it as evidence of prior bad acts.

Marchet was sentenced to five years to life in prison in March, which is to run consecutively to another five-to-life sentence for the rape of another woman.

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Prosecutors say a study of Marchet's past shows he has had sexual abuse complaints against him as early as elementary school in Colorado, again in high school for sexually abusing a mentally challenged girl, and into his adult life. Prosecutors say as many as 11 women had reported sexual attacks by Marchet, but many of them had been reluctant to go to trial. Prosecutors also say this summary does not count other sexual attack complaints in other states.

e-mail: gfattah@desnews.com

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