Officer: “It was a mistake” to not read Marshall his Miranda rights

BY DI STAFF | OCTOBER 26, 2012 6:30 AM

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An Iowa City police officer said it was a mistake to not read a man accused of murder his Miranda rights, according to the Press-Citizen .

Officer Mike Smithey made those comments Thursday at a hearing for Justin Marshall during a discussion about his Miranda rights.

Marshall is accused of first-degree murder in connection with the death of Broadway apartments owner John Versypt in October 2009.

Thomas Gaul, Marshall’s attorney, filed a motion on Aug. 31 to suppress evidence. Gaul had previously stated during a hearing that during a deposition, police acknowledged that they continued to interrogate Marshall after he invoked his right to remain silent. Claiming that Marshall told the officer “I don’t want to talk anymore,” but the officer “kept talking.”

Marshall previously waived his right to a speedy trail within one year. He has until Dec. 12 to file any new motions, and his trial is scheduled for 9 a.m. Jan. 22, 2013.

­— by Brent Griffiths

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