Iowa Supreme Court upholds release in Iowa City case

The state has no legal authority to detain a material witness to a felony once a subpoena has been served, even if it's likely the witness won't appear at trial, the Iowa Supreme Court ruled today in a case involving an Iowa City murder.

In a 4-3 decision, the court affirmed a District Court ruling releasing Justin Marshall from custody in  April 2010. The court ordered Marshall released in  April 2010, after he'd been five months as a material witness in the Oct. 8, 2009 murder of  John Versypt.

In the majority decision Judges David Wiggins, Daryl Hecht, Brent Appel, and Bruce Zager ruled state law specifically limits the arrest and detention of a material witness only until a subpoena is served.

"Once a subpoena to appear and testify is served on the witness, the authority to detain the witness pursuant to Iowa Code section 804.11 ends," the majority ruled.

Chief Justice Mark Cady dissented, noting the law governing release contains an overall requirement that the conditions "reasonably assure the appearance of the person for trial."

Judges Thomas Waterman and Edward Mansfield concurred in Cady's dissent.

Marshall left Iowa City after his release, but police kept tabs on his whereabouts. He was arrested in July in Lancaster, Texas, and later extradited to face charges in Johnson County.

Versypt, 64, of Cordova, Ill., was found dead from a gunshot wound to the head on Oct. 8, 2009, in the hallway at the Broadway Condominiums, 1958 Broadway St. Police have said they believe the shooting took place during an attempted robbery.

Charles W.C. Thompson is also charged with first-degree murder in Versypt's death. He was arraigned Thursday and is scheduled for trial Sept. 19.