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Appeals court examines rape case
Xavier Artis was found guilty of forcible rape and sodomy last year and is asking for a new trial.
An inmate serving life in prison for a brutal rape and assault in Springfield deserves a new trial because he was not allowed to represent himself, attorney Craig Johnston argued Thursday.
A Greene County jury found Xavier Artis, 41, guilty of forcible rape and sodomy last year. Prosecutors said Artis nearl
choked a woman to death during the May 2000 attack.
Johnston, who represents Artis, told Southern District Court of Appeals judges that Artis was not trying to delay his August 2003 trial by request
ing self-representation three days before jury selection.
"We have an explicit statement by defens
e counsel: Mr. Artis is ready to go," he said.
Assistant Attorney General Leslie McNamara argued the self-representation request was untimely because it was submitted before a weekend.
"Essentially it was one day before trial," she said.
Appellate judges Robert Barney, Jeffrey Bates and John Parrish heard attorneys' arguments and will make a decision at a later date.
A woman testified at a 2001 preliminary hearing that she met Artis at a laundromat in May 2000 and they made plans to meet the next day.
After they went to dinner and out shopping, they went to her house to watch a movie. When the woman became sleepy, she said Artis started choking h
er.
When she awoke, the woman said she discovered her wrists, ankles and mouth were taped and she could not move. Prosecutors said the woman was raped twice --once while unconscious.
A
rtis
' trial attorney argued that the incident was a consensual act that went too far.
The defendant told Greene County Circuit Judge Calvin Holde
n during his October sentencing that he had desired to take the witness stand to "tell what happened," but was denied by his trial attorney.
Appeals court examines rape case
Xavier Artis was found guilty of forcible rape and sodomy last year and is asking for a new trial.
An inmate serving life in prison for a brutal rape and assault in Springfield deserves a new trial because he was not allowed to represent himself, attorney Craig Johnston argued Thursday.
A Greene County jury found Xavier Artis, 41, guilty of forcible rape and sodomy last year. Prosecutors said Artis nearl
choked a woman to death during the May 2000 attack.
Johnston, who represents Artis, told Southern District Court of Appeals judges that Artis was not trying to delay his August 2003 trial by request
ing self-representation three days before jury selection.
"We have an explicit statement by defens
e counsel: Mr. Artis is ready to go," he said.
Assistant Attorney General Leslie McNamara argued the self-representation request was untimely because it was submitted before a weekend.
"Essentially it was one day before trial," she said.
Appellate judges Robert Barney, Jeffrey Bates and John Parrish heard attorneys' arguments and will make a decision at a later date.
A woman testified at a 2001 preliminary hearing that she met Artis at a laundromat in May 2000 and they made plans to meet the next day.
After they went to dinner and out shopping, they went to her house to watch a movie. When the woman became sleepy, she said Artis started choking h
er.
When she awoke, the woman said she discovered her wrists, ankles and mouth were taped and she could not move. Prosecutors said the woman was raped twice --once while unconscious.
A
rtis
' trial attorney argued that the incident was a consensual act that went too far.
The defendant told Greene County Circuit Judge Calvin Holde
n during his October sentencing that he had desired to take the witness stand to "tell what happened," but was denied by his trial attorney.
