Fourth District Judge Ray M. Harding has taken under advisement a motion for a new trial for a Chicago man convicted last fall of raping a deaf 19-year-old American Fork woman.
Carl M. McClellan, 24, was sentenced to serve five years to life in the state prison on his conviction for a rape committed July 5.Public defender Jim Rupper based the motion for a new trial on several factors, including alleged racism. McClellan, who is black, was convicted by an all-white jury.
"I thought that was kind of odd," McClellan told Harding during Friday's hearing. He said he felt as though he had been judged by an organization rather than an impartial jury.
In addition, he said he was upset his first attorney, Phil Hadfield, had gone to work for the county attorney's office after his preliminary hearing. Rupper replaced Hadfield.
McClellan also was concerned that a woman prepared his pre-sentence report and that she had only two days to study his case before making a sentencing recommendation. During sentencing, Harding rejected a request by Rupper to sentence the defendant under a category lower than his first-degree felony conviction.
Rupper repeated that argument Friday, saying McClellan should have been given one to 15 years, not five to life.
Rupper also argued that McClellan wasn't properly notified of his rights and that a motion of discovery, in which evidence is discussed between the defense and the prosecution, wasn't filed.
McClellan, a door-to-door salesman working in American Fork last summer, was convicted on the strength of the victim's testimony. No physical evidence of the rape was presented during the trial.