photo by: Chris Conde/Journal-World

Richard Eugene Marshall at a hearing on Oct. 30, 2023, in Douglas County District Court.

A Lawrence man was scheduled to be sentenced on Monday in connection with sex crimes involving a 16-year-old victim but instead told the court he had been “forced” into entering a plea and wants to withdraw the plea and go to trial.

The man, Richard Eugene Marshall, 49, was originally charged with multiple counts of aggravated endangerment of a child but after his preliminary hearing in October of 2021, the state increased the charges to multiple sex crimes involving two teen girls in addition to the endangerment charges, according to court records. Charging documents said the series of incidents occurred between August and December of 2020.

He entered into a plea agreement in June where he pleaded no contest to two felony counts of aggravated sexual battery and numerous charges were dismissed, including charges involving the second victim, as the Journal-World reported. The state had agreed to support the court suspending Marshall’s prison sentence to probation as part of the plea.

On Monday, sounds of sniffles could be heard as Marshall’s victim and her family appeared in court prepared to see Marshall be sentenced, but when Judge Amy Hanley called the case, she first addressed a motion to withdraw by Marshall’s court appointed attorney, Michael Clarke.

Clarke said he wanted to withdraw from Marshall’s case but asked the court to go forward with sentencing. He said that Marshall refused to communicate with him prior to sentencing and to provide him with any evidence or materials in support of Marshall for sentencing.

Hanley asked why Marshall had not spoken with Clarke before sentencing, to which Marshall denied that he was not in communication with Clarke. Marshall said he had “done everything Mr. Clarke had asked.”

Marshall then said that he didn’t want Clarke to continue representing him either and that he wanted to withdraw his plea.

“The plea is something he (Clarke) pretty much coached me into. I know I signed off on it. I’d like to go to trial to prove my innocence,” Marshall said.

Hanley asked what he meant by “coached” to which Marshall said that Clarke told him that if he did not agree to the state’s offer that he faced 6-7 years in prison.

Hanley said that what Marshall described sounded like legal advice not coaching and asked for a more substantial reason that he wanted to withdraw the plea. She asked Marshall if he had felt coerced or forced into taking the plea.

“Forced,” Marshall said.

Hanley said that for Marshall to withdraw his plea it would take an evidentiary hearing and he would have to show why he believes he was forced before he is allowed withdraw his plea. She said since Clarke would be a witness at that hearing, he could not represent Marshall. She said she would appoint Marshall a new attorney and set Marshall a scheduling conference for Nov. 8.

The state, represented by Ricardo Leal, said he wanted the court to note that it has been 147 days since Marshall entered his plea of no contest and that this is the first time Marshall has indicated he entered that plea unwillingly.

“I hope this is not a tactic to get a new attorney,” Hanley said to Marshall. “That would be inappropriate.”

Hanley then addressed the victim and her family and said that she recognizes the “sheer frustration” that they must feel after Marshall’s sentencing was postponed. She said the sentencing had already been delayed twice and that she would accommodate by Zoom anyone who wanted to watch the plea withdrawal hearing when it was scheduled.

According to allegations in the affidavit supporting Marshall’s arrest, a 16-year-old girl reported to police that Marshall regularly gave her methamphetamine in the same way he gave it to his Doberman pinscher. She said that he would inhale the smoke, then blow it into her mouth, making contact with his mouth. She said Marshall also provided her with alcohol, acid and concentrated marijuana, or “dabs.”

She reported that when she and Marshall got high together that he would grope her, sometimes with his genitalia exposed, according to the affidavit.

The affidavit also alleges that Marshall provided drugs to and sexually assaulted another teenage girl he was in contact with, but charges in connection with a second victim were dismissed as part of the plea agreement.

Marshall was first arrested on the charges in June of 2021 and is currently free on a $75,000 bond.