Judges hear arguments for appeal of Myers’ conviction

INDIANAPOLIS – Judges heard oral arguments from both sides yesterday regarding an appeal of the conviction for the slaying of IU student Jill Behrman. \nJohn R. Myers II was sentenced in 2006 to 65 years in prison for slaying Behrman in May 2000. \nPatrick Baker, Myers’ lawyer, filed the appeal because he believes Myers received an unfair trial.\nBaker said one of the main reasons for the appeal was because of the jury’s behavior.\nBaker said the jury did not take the case seriously. He said many members violated rules by consuming alcohol during the trial, sneaking a television into their quarters and using a cell phone, and one jury member was said to have painted her toenails. \nJudges Carr Darden, Michael Barnes and Cale Bradford questioned where this behavior had been recorded. Baker said it was not recorded, but a few jury members said this occurred.\nDeputy Attorney General Joby Jerrells said the jury did not conduct themselves inappropriately.\nJerrells said the jury did drink, but were limited to two alcoholic beverages, for which the state did not provide funds. \nThere was a television around the jury members, but it was only connected to a DVD player, which meant they did not have access to any television shows, he said. \nJerrells also said one jury member did use a cell phone, but the call was moderated. \nHe added that the jury was sequestered and members were randomly searched to make sure they did not have access to the media. \nStill, Baker said, jury members might have overheard comments that were made by Behrman’s parents on the footsteps of the courthouse four days into the trial.\nThe judges asked Jerrells why the case was based primarily on circumstantial evidence, including allegations that Myers sexually assaulted Behrman before killing her.\nJerrells did not think this circumstantial evidence lead in any way to a mistrial.\nOne of Baker’s arguments for why Myers received an unfair trial was because one of the most damaging witness testimonials came from Myers’ grandmother. Baker said Myers’ grandmother may have misinterpreted statements that led her to go to the authorities.\n“We believe this was an unfair trial from the beginning,” Baker said. \nJerrells said authorities had received a tip about Myers as early as June 2000, before Myers’ grandmother told the police anything.\nThe judges said the case is a difficult one, especially because much of the case is built on circumstantial evidence. \nAfter today’s oral arguments, Jodie Myers – John Myers’ mother – and Baker said they would not stop until Myers was out of jail.\n“I think they will correct the injustices,” Jodie Myers said. “We have done a lot of research; there is a lot of things that we couldn’t bring up.”\nTeary-eyed, Jodie Myers said it has felt like her family has been in jail right along with her son.\nThe Behrmans said they will accept whatever the judges \ndecide.\n“We will take it one day at a time,” Marilyn Behrman said, “and await the judges’ decision.”