Iowa City murder suspect's defense team wants to suppress evidence

A Chicago woman testified Friday in Johnson County District Court that she never gave police consent to search her Iowa City home in 2009 as part of a murder investigation of her grandchild's father, Charles Thompson.

Stacey Marshall, who lived in Iowa City in 2009, said when police arrived at her apartment Oct. 13, 2009, she only consented to let them check to see if anybody else was in the residence besides herself and her daughter Danielle Polk, who lived with her. She never gave her consent for them to search the apartment or remove anything.

Iowa Division of Criminal Investigation Special Agent Darrell Simmons testified Marshall gave her consent for officers to go back inside a second time after they received information about a piece of evidence: a ski mask.

Sixth Judicial District Judge Sean McPartland didn't make a ruling Friday on the defense's motion to suppress evidence found during a second search of Marshall's home because it was obtained without consent. He will file a written ruling later.

Thompson, 18, charged with first-degree murder, is accused of shooting and killing landlord John Versypt, 64, of Cordova, Ill., in September 2009. Versypt was found dead from a gunshot wound to the head Oct. 8 in the hallway of the Broadway Condominiums, 1958 Broadway St. Thompson was charged after a four month investigation.

Police believe the shooting occurred during an attempted robbery, according to police reports. Several witnesses identified Thompson as being involved and lab results showed clothes Thompson was wearing at the time of the killing contained components of gunshot residue, according to police.

The defense claims Thompson's clothing retrieved - a ski mask, sweatshirt and black tennis shoes - during the search Oct. 13, shouldn't be allowed at trial because they were obtained during an illegal search.

Marshall said police asked her and Polk, Thompson's former girlfriend, to go to the police department for questioning. Marshall then went to the Marion Police Department while her nephew Justin Marshall was being questioned. He was a suspect in the case at that time.

Officers asked her if they could search her apartment and she said no because she didn't want them messing it up. Officers then told her they had a search warrant.

Marshall said she had no reason to lie for Thompson. She wasn't in favor of his relationship with her daughter.

"I don't care too much for him," she said.

Johnson County Attorney Janet Lyness asked Marshall if she remembered calling her daughter later and telling her to give her apartment key to the officers so they could go back in a second time.

Marshall said she told her daughter to give officers her key because she believed she had to submit, because they had a search warrant.

Simmons said officers wanted to go back the second time because Justin Marshall gave them information about a ski mask after the officers did the initial search. He asked Marshall if they could search again and she consented. She even used Simmons' cell phone to call her daughter to let her know, he said.

Marshall was polite and fully cooperated with the officers questioning of Justin and the search.

Tyler Johnston aggressively questioned Simmons about why he didn't get Marshall's consent on video, audio tape or by signed consent form, since all would have been available at the Marion Police Department.

Her consent was given to him in the hallway, not in an interview room which is equipped with video and audio capability, Simmons said. He said more than once that he didn't feel it was necessary because Marshall cooperated.

Simmons said he didn't have to get her consent on tape or on a form. It could be a verbal consent, which happens sometimes, he said.

Thompson's trial is set to begin Sept. 19 in Johnson County.