Thursday, June 18, 2009
The Reedtown Rapist: Rushing to Judgment
Joseph S. Rushing prosecuted the Hotskees rape case against Mark Anthony Hurley, winning a conviction; however, Rushing used what the Alabama Appeals Court later termed inadmissible evidence of yet another previous rape. While not appearing on official Alabama sex offender records, Hurley had committed a very similar sexual assault for which he was convicted in 2000. From court records:
She testified that she first met Hurley on April 7, 2000, at a friend's house. She testified that a group of her friends was at the house when she arrived. Hurley was there, but she did not know him. Hurley took part in the group's conversations and mentioned several times going to the Waffle House breakfast restaurant. After he asked several times, she eventually agreed to go, observing that the appellant appeared to be a "nice guy." She testified that she went alone with him to the Waffle House "[j]ust to go eat." Instead of taking her to the restaurant, however, Hurley took her to his apartment, explaining that he needed to make a telephone call before they went to the restaurant. Hurley asked her to come into his apartment while he made the call. When they entered the apartment, Hurley lit a candle and pretended to make a telephone call before asking her if she wanted to go to the Waffle House. When she replied that she no longer wanted to go and asked that he take her back to her friend's house, he agreed and proceeded toward the front door. She testified that he then closed the door and pushed her toward the living room into a chair. As she begged him to take her home, Hurley began trying to take off her clothes. He proceeded to pull her pants down; he did not remove her underwear or remove the tampon she had inserted earlier before forcibly raping her. After he finished, she asked him to take her home. Although Hurley initially blocked her at the doorway, he finally agreed and drove her back to her friend's house. She testified that no words were spoken on the return drive.
During Hurley's second trial for the Hotskee rape, Joey Rushing, now Franklin County District Attorney, was forbidden to introduce the above facts and otherwise failed to prove force in the Littleville incident. To the delight of Hurley's Reedtown family and friends, the self-proclaimed gang banger was found not guilty.
Hurley returned to Reedtown, but moved often, and in March 2008 was indicted for failing to comply with the sexual predator registration act. Receiving only probation for that crime, Hurley once again remained free.
Now the Reedtown rapist has been accused of a fourth illicit sex act, specifically the rape of a 17 year-old girl on June 7, 2009. His alleged victim stated she was beaten during the assault that took place at Hurley's Filmore Street residence. Hurley had disappeared by the time officers arrived at his home with the arrest warrant, and U.S. marshals joined the Russellville Police force in a massive man hunt. Six days later, acting on a tip, authorities found Hurley at the residence of Desmond Hamilton.
However, the public should not yet feel safe; Mark Anthony Hurley is again free. The Reedtown rapist posted a $75,000.00 property bond and has returned to his home to await trial. Let's hope Joey Rushing makes it stick this time.
Tomorrow: Inside the Christie Bray Scott murder trial.