Judge will allow hearsay statements in Iowa City murder trial

A man who shared a cell with Justin A. Marshall, Charles W. Thompson's co-defendant in the killing of an Iowa City landlord, will be allowed to testify during Thompson's trial this week about statements Marshall made to him regarding the crime, a judge ruled this morning.

Marshall told Carl L. Johnson, among other things, that there was a plan to rob the landlord for rent money before the fatal shooting on Oct. 8, 2009, according to Judge Sean McPartland.

Hearsay statements from Johnson, regarding information Marshall shared with him behind bars, will be allowed in Thompson's first-degree murder trial, in part, because Marshall – also facing a first-degree murder charge in the case – is unavailable to testify himself.

McPartland said Marshall made conflicting statements to Johnson both incriminating himself in the crime and pointing the finger at Thompson. Johnson's testimony, at times, “undercuts the state's case against the defendant,” McPartland said.

The judge reasoned that Johnson's statements should be admitted because he doesn't stand to gain anything from offering them before the jury.

McPartland also ruled this morning that prosecutors will be allowed to show jurors a ski mask they suspect Thompson used during the alleged robbery that resulted in John Versypt's death in October 2009.

And, he said, the prosecution can present evidence regarding blood spots found on Thompson's jeans.

Thompson, 19, of Iowa City, was arrested and charged with first-degree murder after officers found the body of Versypt, 64, of Cordova, Ill., in the hallway of the Broadway Condominiums with a gun lying next to him.

Versypt was shot at close range with a .38 caliber revolver in the front of his head and in his hand, according to amended trial information. Investigators believe Versypt's shooting death was was result of an attempted robbery.

Several witnesses identified Thompson as being involved, and lab results showed clothes that Thompson was wearing at the time of the shooting contained components of gunshot residue, according to court records.

Marshall, 20, previously was a material witness in the case but was taken into custody last month in Texas and extradited back to Iowa. His first-degree murder trial is set Jan. 17.

Thompson's trial is expected to last two weeks.

Jury selection began Monday afternoon and is continuing this morning.