Convicted of first-degree murder in 2011, Marcus Marshall will be getting a new trial, as Williamson County State's Attorney Charles Garnati admits an error in the original proceeding.
Arber Marshall, Marcus' aunt says she was at her nephew's trial every day.She didn't like what she heard.
"Them people down there, or those people over there, they protect each other," she explained what she heard during her nephew's trial.
Marshall, who is serving an 85 year sentence for murder, is now getting a new trial.
Why? State Appellate Prosecutors Claim State's Attorney Charles Garnati made racial remarks in his closing argument to the jury.
"I wrote a letter to the persecutor, expressing my outrage and asking him to do the right thing, and he said no and so we have had to go through this process, while Mr. Marshall has remained locked up all this time," said Steven Greenberg, Marcus' attorney.
Charles Garnati filed a confession of error in the appeal of Marcus Marshall for the offense of first degree murder.
"Even though there were no objections raised by defense counsel during closing argument that there were three instances of plain error committed by the State that require reversal of defendant's 1st Degree Murder conviction," Garnati said in a news release. "The desire to convict in a criminal trial should always be tempered by the responsibility of the state to ensure that the defendant receives a fair trial. Justice should always be the goal of our criminal system not merely convictions."
Marshall's family is celebrating.
"I want to see him treated fairly, like I said, whether he did it or not, I don't know, I wasn't there. I still don't like what Chuck Garnati said in court, the way he talked."
The 85 year sentence Marshall got last September was the maximum. He is serving the term at the Statesville Correctional center in Joliet.
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