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A 7th circuit judge denied on Wednesday the request of two rape defendants to exclude from trial evidence collected during a search of the alleged crime scene.

Marvin Payne, 49, of Florissant, Colo., and Toby Rolfe, 43, of Box Elder, are charged with third-degree rape of an unconscious woman at Rolfe’s home on Sept. 28. They earlier asked the court to suppress photos of the alleged assault and other information obtained by police during what they say was an illegal search.

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Judge Robert Mandel denied the request following an evidentiary hearing, saying he believed the search was consensual. Rolfe said he was ready for trial whereas Payne asked for more time. The men will return to court May 12 to discuss if their trials are by default joined or separate. 

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Cops and Courts Reporter

Cops and courts reporter for the Rapid City Journal