April 10, 2000

Man Charged for Crime 19 Years After His Brother was Convicted

HAMPTON, Va. (AP) - A man arrested in Virginia has been charged with a 1981 rape for which his brother served 19 years in prison, police said. 

Marlo Charles, 44, was arrested Friday in Hampton. His brother Clyde Charles was released from prison in December after DNA tests showed the rape was allegedly committed by Marlo. 

Attorney Barry Scheck, best known for his defense of O.J. Simpson, helped get Clyde Charles released. He filed a federal lawsuit against state officials, who for years had refused to conduct DNA tests. 

Clyde Charles, now 47, was 28 when he was sentenced to life in prison for raping a woman near a bar in Houma, La., where he and his brother had been drinking. The brothers had gone separate ways after closing time, each hitchhiking in a different direction. 

A flat tire had stranded the 26-year-old woman on the same road. A man came up behind her, punched her in the face and raped her. 

She later identified Clyde Charles as her attacker. 

Clyde Charles' original defense attorney had suggested Marlo might be the rapist, but on the witness stand at Clyde's trial Marlo denied any involvement. 

Marlo Charles, 44, is awaiting extradition to Louisiana. 

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