Myers’ family works on second appeal for convicted killer

Even as initial efforts to obtain a new trial for convicted murderer John Myers II have failed, his mother Jodie Myers has watched a team of supporters multiply along with a growing national interest.\nUpon first glace, the Myers family appears to be in shambles. With a son in prison, a father recently dead of cancer and an estranged grandmother’s unexpected departure, formidable preparations for what Jodie Myers sees as the coming national fight over her son might seem impossible. Jodie Myers, however, would have it no other way.\nHer son was convicted in October for the 2000 slaying of IU sophomore Jill Behrman. Although John Myers and his family have maintained his innocence, Morgan County Superior Court Judge Christopher Burnham has denied initial attempts for a new trial. The defense argued jurors had behaved improperly during the trial – citing alleged instances of excessive alcohol use and outside communication during the trial by jurors. Burnham outright denied the defense’s request, writing in his report that there was “absolutely no evidence” jurors have misbehaved. \nA group of about 15 people, all fighting for Myers’ exoneration, has formed. They have continued sifting through mounds of evidence, following up on leads and interviews with potential case-changing witnesses. Most exciting, Jodie Myers said, a supposed witness has come forward. Myers would not reveal the witness, but said this took their private investigation in a new direction.\nThe defense team has almost obtained enough new evidence where they will appeal to alternate national law enforcement agencies, she said. Already, Jodie Myers said she has written to the Federal Bureau of Investigation, requesting their assistance.\nThe defense filed on March 13 their intent to appeal the case, this time based on evidence, Jodie Myers said. Legally, Morgan County now has 90 days to provide the defense with a transcript from the trial before the appeals process continues.\nSuch ongoing efforts have surely dismayed the Behrmans, who have maintained they are content with the verdict and a desire for closure. The Behrmans’ eagerness for finality will likely only be diminished by the Myers’ ongoing pain. And often that pain is felt even in the smallest hearts.\nDaughter of a convicted killer, Stephanie Myers might be one of the family’s youngest members. Relatives, however, said her pain parallels the family’s older members.\n“She misses her dad,” Mary Baldwin, John Myers’ Aunt said. “She has lived with (Myers) all her life. She knows that he would never do that.”\nBoth the family and the court have tried to protect the young girl from media exposure throughout the ordeal. In school, however, court gag orders are rendered quite useless. Baldwin said she thinks the girl has been teased by other children about her imprisoned father. \n“She is a strong, tough little girl,” Baldwin said of the 11-year-old.\nDespite the tormenting, family members said Stephanie Myers’ feelings for her father have been unshakable. About once a week Jodie Myers sends Stephanie’s schoolwork to her imprisoned son, hoping that he can still feel like a part of the family, Baldwin said. \n“(Stephanie) just doesn’t understand why they took her father away from her,” she said.\nWith losing her dad, Stephanie Myers also lost a great-grandmother. Myers grandmother, Betty Swafford, gave a largely incriminating testimony against Myers during the trial. Family members have spoken out against the woman, calling her testimony unfair. Regardless, the woman has become estranged by her family. The 80-year-old recently put her house up for sale and left town. Family members said they do not know her location and have expressed a general unconcern for her.\nAlthough the family has been regularly allowed to visit Myers since his imprisonment, seeing “daddy” recently became more difficult. A few weeks ago, Myers was transported to the Indiana State Prison in Michigan City from Wabash Valley Correctional Facility in Carlisle, Ind. Because of the almost 230 miles that separates Myers and his family, visits have become both physically and economically burdensome.\nFor Jodie Myers, only two things about her son’s case seem certain: Her belief in his innocence and its near-crippling costs.\nMyers recently filed for a public defender after firing his attorney Patrick Baker in February. Although Jodie Myers had said then that she hoped a different attorney would take the case in “a new direction,” Myers later rehired Baker after he offered his services pro bono.