Defense attorneys for the man convicted of murdering an IU student in
2000 submitted a petition Wednesday to appeal the decision to the
Indiana Supreme Court, alleging juror misconduct and constitutional
John Myers II was sentenced to 65 years in prison in 2006 after being convicted of the murder of 19-year-old IU student Jill Behrman.
The nationwide search that took place after Behrman failed to return from a morning bike ride came to an end March 9, 2003, when her body was found in Morgan County. She had been missing for three years.
Myers attorneys, Patrick and Hugh Baker, listed several reasons for the transfer, including a polygraph reference which they believe tainted jurors opinions and “impermissible comments” by one of the prosecution’s chief investigators during testimony.
A main discretion the attorneys claim to have been committed against their client is whether juror objectivity was tainted by the pretrial media publicity depicting Myers as a bad character.
“Myers believes the denial for a change of venue laid the groundwork for an unfair trial throughout the entire proceedings,” the petition states.
Myers attorneys filed an appeal Sept. 21, 2007, but the Indiana Court of Appeals upheld his conviction in May.
The transfer and retrial being requested by the Baker’s will be decided by the Indiana Supreme Court. Myers attorneys were not available for comment by press time.