Probable Cause Found to Hold Marschke Over for Trial

A judge has ruled that probable cause exists to hold Richard Marschke over for trial on a count of drug induced homicide.

Judge Kimberly Koester Wednesday said that prosecutors provided sufficient information at a preliminary hearing for the 32-year-old Marschke that he should go on trial. The trial was set for October 6.

The Class X felony count was filed in relation to the January death of Jordan Kull of Altamont. Information presented by State's Attorney Bryan Kibler and Special Assistant State's Attorney Ralph Fowler included testimony from Marschke's ex-wife Jessica Bernahl, in whose house the 31-year-old Kull died as well as portions of a court-ordered overhear of conversations held by Bernahl with Marschke regarding Kull's death. Bernahl agreed to co-operate with prosecutors to record the conversations on June 23 and July 1.

Prosecutors believe that Marschke provided the heroin that Kull ingested, resulting in his death on January 14. 

The chronology of the events, as presented by the prosecution, is as follows:

*December 2013--Marschke and Bernahl, who knew each other in high school, began corresponding on Facebook

*December 2013--Marschke moved in with Bernahl, her three children and her mother

*January 14, 2014--Jordan Kull died

*February 2014--Marschke and Bernahl married

*March 2014--Marschke moved out

*May 2014--Marschke and Bernahl divorced

*June 23 and July 1, 2014--Bernahl wears court-ordered overhear devices and has one in place in her vehicle during meetings with Marschke

Testimony from the 32-year-old Bernahl at Wednesday's hearing was extensive, far more than is typical at a preliminary hearing. Bernahl said that she and Kull were lifelong friends and were getting matching tattoos prior to his death. She acknowledged that she drove Marschke to Champaign the day before Kull's death to buy heroin and that she knew that's why they made the trip. She said they met a man who gave Marschke a baggie containing heroin after he gave the man cash. Once they arrived home, Kull came by their house. She said Marschke and Kull went into a bedroom and then into the bathroom and were there for several minutes. She said Kull was acting normally when they went in and when they came back out, Kull appeared "out of it" and his demeanor was completely changed. Kull headed out of the house, but fell in the front yard. Marschke brought Kull back into the house and Bernahl had Kull lay down on the living room floor to "sleep it off". Bernahl said she went to bed about 10pm and Kull was snoring. Her ex-husband Brian Goers came by the next morning to pick up their children to take them to school. She said Kull was still there snoring when she got up, but said Goers later noticed Kull was unresponsive. Goers called 911 while Bernahl tried CPR, but her efforts were unsuccessful. 

When Kibler asked Bernahl why she agreed to do the overhears, she said, "he (Marschke) deserved it, because he had something to do with Jordan (Kull) 's death."

Bernahl testified that Marschke told her on the overhears that Kull died because he was a "snitch" and that he wasn't supposed to die in the house, but that he was to instead head down the road and fall into a ditch. Bernahl also said Marschke said Kull was "greenlighted' and was supposed to be "taken care of" because he could cause Marschke's drug operation to go down. No word was given during the preliminary hearing as to who sold Marschke the drugs in Champaign or what sort of "operation" Kull could have compromised. Kibler stated earlier that the investigation continues and additional charges could result.

During cross-examination, Marschke's court-appointed attorney, Conflicts Public Defender Richard Runde asked Bernahl about her relationship with Marschke. She acknowledged that she wanted the divorce, not Marschke, and that he wanted to reconcile. She said she left the impression that they might get back together at some point. She also testified that she did not get a divorce at the request of State Police so she could testify against Marschke, but said her family had an inheritance for her, and she would not get it if she stayed with Marschke. She also said she agreed to co-operate with the overhears before her divorce was finalized, and that she and Marschke had conversations on the phone and in person after their divorce that were not recorded. She said she and Marschke did not have sex after their divorce, and that she has not used heroin.

Testimony was also heard from Mike Kollman of Mason, who appeared under subpoena and faces criminal charges, but said he has not been promised anything from prosecutors if he agreed to testify. The 30-year-old Kollman said he and Marschke traveled together twice a week for a period of time last fall to buy heroin and used heroin with Marschke. He said Marschke loaded up the spoon for Kollman, that Kollman OD'd once while with Marschke, and that Marschke called an ambulance for Kollman. Kollman said Marschke indicated Kull was a "friend", but "he said he didn't trust him."

Prosecutors also called Audra Daugherty to testify, but after Runde requested a sidebar conversation with prosecutors and the judge, Daugherty did not testify.

Marschke is next due in court on August 28 for a pre-trial hearing. He is being held in Effingham County Jail under $1 million bond.