Attorney accuses prosecution of withholding evidence in landlord's slaying

IOWA CITY - The attorney for a man accused of killing an Iowa City landlord grilled two police officers Thursday during a hearing regarding when they told Johnson County Attorney Janet Lyness about information that would exonerate his client.

Both Iowa City Police officers said one or more inmates at the Muscatine County Jail told them Charles Thompson, 19, charged with first-degree murder in the slaying of John Versypt, 64, of Cordova, Ill., wasn't involved in the fatal shooting Oct. 8, 2009. Thompson is being held in Muscatine pending his retrial. The inmates said Thompson's co-defendant, Justin Marshall, 20, told them.

Attorney Tyler Johnston presented this testimony during a hearing for his motion to dismiss Thompson's murder charged based on double jeopardy after the defense was granted a mistrial last month.

Johnston said he didn't receive this information about the police interviews until this morning and wanted to present these witnesses to establish a pattern of misconduct in this case by the prosecution. He also plans to present witnesses regarding the prosecution's violation of a court order when it played a redacted portion of videotape, which caused the mistrial.

Sixth Judicial District Sean McPartland said he would set another date for Johnston's additional witnesses for this motion. There wasn't enough time set aside on the court schedule for this hearing. Johnston had additional witnesses than he originally planned after receiving the police reports Thursday.

The court also didn't conduct a bond review set for today. That hearing also will be reset.

Lyness said the prosecution would have some response to Johnston accusations about misconduct, but she wasn't prepared because the defense was unwilling to tell her what witnesses were being called to testify.

Johnston questioned Iowa City Police Det. Michael Smithey about “meeting” witnesses, James Brown and Rhonda Bluitt, and what they had talked about during a smoke break during the trial Sept. 22. Johnston accused Brown during the trial of changing his testimony after the smoke break.

Smithey said he didn't talk to the couple about their testimony. He went out and talked to them because they were upset about having to stay in Iowa City longer than planned. They are from Mississippi. Smithey said he didn't “coach” them on their testimony.

Smithey also said Bluitt was upset the way Johnston cross-examined her on the stand that day.

Johnston also asked Smithey about his interviews with inmates in Muscatine.

Smithey said at least one of them told him Marshall said Thompson had no involvement in Versypt's slaying. There also was some information about Marshall wanting to confess to a lesser charge in Versypt's death.

The interviews were conducted Oct. 3, and he gave the state information about the interview but didn't do reports until several days later because he was busy with other work. He didn't know when he gave Lyness the actual report.

Iowa City Police Officer Jenny Clarahan said she was told by one inmates after he was transferred to the Johnson County Jail on Oct. 6, that Marshall told him Thompson wasn't involved in Versypt's death.

Upon cross examination by Lyness, Clarahan said Marshall has given a dozen different versions of what happened that day and sometimes, he says he acted alone, he acted with someone else or Thompson and that Thompson wasn't involved.

Clarahan didn't know when she told Lyness about the information. It was likely that day or the next. She just prepared her reports earlier this week on the interviews because she has been busy preparing for a second-degree murder trial that starts Monday in Johnson County.

Clarahan also said she talked to Brown and Bluitt during the trial on Sept. 22, but only about them being upset that they couldn't leave town when they planned. She denied coaching them on their testimony.

There was no testimony regarding the videotape that caused the mistrial in this hearing, only that Smithey and Clarahan said they didn't have anything involvement with the tape.

Thompson's retrial is set Dec. 5. He is accused of shooting and killing Versypt while he was working on his units in the Broadway Condominiums Oct. 8, 2009. Versypt was shot in the hand and his head during an attempted robbery, according to trial information.

Marshall, also charged last month with first-degree murder in this case and Courtney White also known as “Mow Mow,” 23, of Coralville,

was charged this month with first-degree murder.