John R. Myers II, the man convicted of the 2000 murder of IU sophomore Jill Behrman, wants a new trial.\nPatrick Baker, the Indianapolis lawyer hired to represent Myers, said in a Dec. 29, 2006, motion that his client should be granted a second chance to prove his innocence because the defense was not told about a piece of evidence. Baker also claims the jury that convicted his client was tainted by outside influences.\nAfter a Dec. 20 press conference in which Myers' mother asked the public to come forward with any evidence that could exonerate her son, the defense learned about a green bicycle helmet similar to one Behrman can be seen wearing in photographs. In November 2000, a man found the helmet a quarter-mile west of the Behrmans' home, according to the motion. The defense was not able to inspect the helmet or have it tested for fingerprints, hair samples or DNA before or during the trial. \nThe defense believes the bicycle helmet might have given the jury a reasonable doubt that Myers killed Behrman or even led to another suspect, Baker wrote.\nBaker also pointed to a court investigation that found a juror's son dropped off a television set at the hotel where the jury was sequestered and another juror had a phone conversation with his girlfriend in which she told him, "The media is making John Myers look like a monster."\nBefore the trial began, Judge Christopher Burnham ordered that the jury be sequestered in a local hotel so they would not view media reports of the trial, which could influence the decision. Baker said the TV and phone call both violate those orders and warrant a new trial.\nBaker also cited an investigation that said some of the jury members drank after the trial each day and started a food fight at dinner one night causing a "circus-like atmosphere" in the jury room. \nBurnham ruled that when he interviewed each juror before closing arguments at the trial, he determined that the jury had not been tainted by outside influences. Since Baker did not present any new information about the jury's behavior, he dismissed that part of the motion.\nHowever, Burnham gave prosecutors 20 days to respond to Baker's claims before Burnham will rule whether the new evidence entitles Myers to a new trial.
Myers requests another trial
Defense says new evidence could exonerate client
Get stories like this in your inbox
Subscribe



