A man serving 30 years to life in prison after pleading guilty to the killing of a woman in 2018 wants his conviction vacated because of ineffective assistance of counsel.
27-year-old Cole Marcell filed a petition for post-conviction relief with Nez Perce County District Court, alleging his defense attorney misled him about the potential outcome of a sentencing agreement reached with prosecutors in the murder of Sarah Warden.
He also claims there is DNA evidence that came out after his two co-defendants were sentenced that would have resulted in a shorter sentence for him.
Marcell appealed his conviction in July, which is a separate process than a petition for post-conviction relief.
According to prosecutors, Marcell orchestrated the killing as part of an effort to steal Warden’s $800 Social Security check for drug money. Warden was seen entering a pickup truck in the Clarkston Walmart parking lot driven by Marcell and occupied by Gabriel Mattingly and Amanda Jones in the early morning hours of June 1st, 2018.
Prosecutors said Marcell drove the group to a secluded area near Waha where Warden was killed. Her body was dumped near Winchester and discovered about a month later. (Lewiston Tribune)
