Justin Marshall to represent himself in murder trial

CEDAR RAPIDS - Attorneys arrived in Linn County on Thursday afternoon anticipating a plea deal in a nearly eight-year-old murder.

What they got was a curveball.

Instead of entering a plea in the Oct. 8, 2009, shooting death of John Versypt in Iowa City, Justin Marshall, 26, instead informed 6th District Court Judge Sean McPartland that he wishes to represent himself. He also asked to delay the date of his retrial, which had been scheduled to start Monday.

'I was not expecting that,” Johnson County Attorney Janet Lyness said after Thursday's hearing.

An amended trial information had been filed just before the hearing that could have potentially seen Marshall enter a plea.

Members of the Versypt family - including his widow - had come to the hearing, as did two Iowa City police investigators. The family left before the hearing ended. Lyness described them as 'very disappointed” by the turn of events.

Marshall was convicted of first-degree murder in 2013 for the fatal shooting of Versypt, 64, at the Broadway Condominiums in Iowa City. Authorities said Marshall intended to rob Versypt - a landlord - but ended up shooting him in the head and hand.

That conviction was overturned in 2015 by the Iowa Court of Appeals, which ruled testimony of a jail informant should not have been permitted during Marshall's trial. The Iowa Supreme Court upheld the Court of Appeals' ruling, but prosecutors sought a review by the U.S. Supreme Court. In January, the Supreme Court declined to review the case, and Marshall was scheduled for retrial this month in Scott County, on a change of venue.

Marshall told Judge McPartland during Thursday's hearing there had been miscommunication between him and his attorney, Thomas Gaul.

'I don't feel they are representing me properly,” Marshall said.

While the Sixth Amendment guarantees Marshall's right to represent himself, McPartland had obvious concerns about Marshall - who has no legal background and earned his GED diploma while in prison - acting as his own attorney. McPartland asked Marshall a series of questions to ensure he understood the gravity of what he was requesting.

'I think this is a serious, serious matter and that you would be better served remaining with court-appointed counsel,” McPartland said, expressing concerns with Marshall's knowledge of rules governing evidence and criminal procedure. 'In light of all that, is it still your wish and desire to represent yourself?”

'Yes, your honor,” Marshall said.

Ultimately, McPartland found that Marshall was making the decision voluntarily and granted the request. However, he also ordered that Marshall's previous defense team be appointed standby counsel for future proceedings and the trial. They will be able to answer any questions Marshall has and help him draft written motions.

With Marshall now representing himself, McPartland agreed to continue the trial until a later date, most likely in June. A hearing on a motion to suppress - the original reason for the Thursday hearing - also will be rescheduled.

l Comments: (319) 398-8238; lee.hermiston@thegazette.com