Iowa City murder trial on hold until Supreme Court decision

This story was updated to show Marshall's bond was not reduced. 

The trial of a man accused in the 2009 murder of an Iowa City landlord will not move forward until the U.S. Supreme Court decides whether the case should be reviewed.

Sixth Judicial District Court Judge Sean McPartland granted a stay in Justin Marshall's trial during a hearing Friday afternoon at the Johnson County Courthouse until the court decides on a writ of certiorari petition, which was filed by the Iowa Attorney General’s office in September.

Marshall was found guilty of first degree murder in 2013 and sentenced to life in prison for the murder of Iowa City landlord John Versypt. Marshall's conviction was overturned on appeal last year. Part of appeal's verdict was affirmed by the Iowa Supreme Court in June when a new trial was ordered for Marshall.

Versypt, 64, was gunned down in a stairway at the Broadway Condominiums (now called Orchard Place) on Broadway Street in southeast Iowa City. Police and prosecutors said it was a robbery gone awry.

At issue is the state's use of testimony from confidential informants during Marshall's original trial. While in prison, Marshall spoke to three other inmates about the crime, not knowing that their testimony would be used against him in court. Tom Gaul, Marshall's attorney, argued that their testimony should not have been allowed because they were acting as "agents of the state" and Marshall didn't have an attorney present.

In its June verdict, the Iowa Supreme Court ruled that testimony from one of the inmates, Antonio Martin, should have been excluded because he was deliberately eliciting incriminating information from Marshall. But that verdict may run counter to practices in other parts of the country, Johnson County Attorney Janet Lyness has said, and the Iowa Supreme Court's split 4-3 ruling factored into the state's decision to seek further review.

According to UScourts.gov, the U.S. Supreme Court accepts 100 to 150 cases out of the roughly 7,000 cases that justices are asked to review each year.

During Friday's hearing, McPartland also granted a request for additional counsel to Marshall because Gaul said he did not have the legal qualifications to try a case in front of the U.S. Supreme Court.

After granting both the stay and counsel request, McPartland heard arguments for and against reduction of Marshall's bond.

Gaul called for a more "reasonable bond" than the $1 million bond currently holding Marshall, noting that Marshall has already been incarcerated for six years despite the Iowa appeals court overturning his conviction.

Lyness said the bond amount was there to "protect the community" from Marshall, who has been charged with "the most serious offense in the state of Iowa — first-degree murder." Marshall's bond was not reduced, according to online court records.

Two others were charged in Versypt's death. Charles Thompson was charged with first-degree murder, but proceedings ended in a mistrial when the prosecution inadvertently placed inadmissible evidence before the jury. Before a second trial could take place, Thompson agreed to a plea deal, in which he pleaded guilty to accessory after the fact and agreed to testify against Marshall. He was credited for time served.

Courtney White eventually pleaded guilty to tampering with a witness and was credited for time served.

Reach Zach Berg at 319-887-5412, zberg@press-citizen.com, or follow him on Twitter at @ZacharyBerg.