Judge rules against John Myers' new trial request in the murder of Jill Behrman
The case of State of Indiana v. John Myers continues making news as appeals move through the federal court system 17 years after Myers' conviction for killing Indiana University student Jill Behrman.
The latest ruling, issued this week by U.S. District Court Judge James Sweeney, denies Myers' request to be released from state prison and granted a new trial because of perceived errors made during his 2006 Morgan County trial.
Sweeney's recent decision comes four years after an initial review of the case, where he ruled in favor of Myers. The judge said lawyer Patrick Baker, later sanctioned for mistakes made in the case, had been ineffective and didn't provide a proper defense during Myers' two-week murder trial in 2006.
A federal appeals court struck down that ruling in 2020. Then in June 2022, Sweeney heard further arguments, this time focused on two other defense allegations: that the prosecution presented false testimony and withheld 8,000 pages of police reports that contained information about three other suspects and could have helped Myers' case.
This week, Sweeney ruled that neither argument held merit and dismissed the petition. Myers could appeal that ruling and seek to take the case to the U.S. Supreme Court.
Morgan County Prosecutor Steve Sonnega, who led the state's case during Myer's trial 20 years ago this month, said it's unlikely the nation's high court will consider the case. Myers' appellate lawyer could not be reached for comment.
More on the case: Twenty years ago today, Jill Behrman went on a bike ride and never returned
"The way the 7th Circuit Court of Appeals worded their opinion and the way Judge Sweeney interpreted their opinions are very narrow, which means I hope we are near the end of the appellate process," Sonnega said Wednesday afternoon.
"We are finally reaching the end of a case that went up and down the Indiana courts, then up and down in the court of appeals and now up and down in the federal system of habeus corpus."
He said each time there's been a court ruling over the years, he calls Behrman's mother, then her father and then the lead investigator in the case, "and we all ride the roller coaster together."
Marilyn Behrman said waiting 16 months for this week's ruling wasn't easy, but she's grown accustomed to the drawn-out legal process. She was at the hearing, as was Myers' mother, who could not be reached for this story
"I hoped that Myers would not be granted a new trial based I what I heard that day. I have long waited for this ruling from the judge and finally that day has come," Behrman said, calling it "bittersweet."
"I would much rather have my daughter in my life. Jill is still 19. Her friends are 42 or 43. I still miss my daughter every single day of my life."
Eric Behrman pointed out that while Myers got the maximum 65-year sentence for murder, he is set to be released in 2037 after serving half of his time under guidelines in place in 2006.
In 2014, the law changed to require that state prison inmates serve 75% of their time.
Behrman, a 19-year-old IU student who lived with her parents in Bloomington, disappeared on a Wednesday morning bike ride on May 31, 2000. The search for her continued until her body was found by a turkey hunter in a Morgan County nearly three years later. She had been shot to death.
"Seventeen years ago, a Morgan County jury found Myers guilty. He received a sentence of 65 years, which he will only serve half of," Eric Behrman said. "When does Jill get to return to her family and those who love and miss her?"
Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.
This article originally appeared on The Herald-Times: New trial sought by man convicted of killing Jill Behrman denied
