It is an unusual criminal case, involving an alleged rape that happened over 50 years ago.|
Then, it was presented to a Roane County Grand Jury by the victim, a rare occurrence.
Orville Trembly, 70, has been accused of rape by his sister.
He claims she is getting-even over a family dispute related to the settlement of an estate.
Following her presentment last May, Trembly was indicted.
Roane Prosecutor Mark Sergent has recused himself, and Calhoun prosecutor Matt Minney will be prosecuting the case.
Trembly's attorney, George Cozenza, has asked Nibert to dismiss the charges, because they are vague and more than 50 years old.
There is no statute of limitations on felony crimes in West Virginia.
Minney has opposed the request for dismissal, saying that the state is not responsible for the delay in prosecution.
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"Judge sets hearing in
50-year-old rape case" www.thetimesrecord.net