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Last updated on Sunday, April 28, 2013
(MARTINSVILLE) - Testimony Friday moved away from what happened during the trial and focused more on what happened after the trial, specifically with the appeal process.
Jay Hermacinski, of WISH TV8 reports, John Myers' current defense team must convince a judge that their client didn't receive a fair trial. Myers was found guilty to the murder of Indiana University student Jill Behrman. He was sentenced to 65 years in prison.
His former attorney, Patrick Baker, testified for more than five hours Thursday answering questions on how he handled the case.
The first witness called to the stand was hired by Baker after the trial to help put together an appeal for Myers although the appeal process failed.
Lawyer Tim Peterson was on the stand Friday morning and said he was hired by Baker and paid $5,000.
Peterson testified initially the share amount of work he was asked to do in a short period of time was "like getting on the Titanic after it hit the iceberg."
He was later given more time to help write the appeal.
Peterson said one of the issues he had while working on the appeal process was "there were too many cooks in the kitchen."
Baker, his dad, their wives and a third attorney were all part of the decision-making process and Peterson said oftentimes decisions were made and then changed, which made the work of writing that appeal more difficult.
In the end, the judge will decide either to tell Myers that everything went according to plan and that his conviction will stick or the judge could decide to give Myers a new trial.
Myers' new defense team called Baker's father to the stand.
Attorney Hugh Baker worked side by side with his son before, during and after the John Myers trial. On the stand, Baker discussed how he and his son developed their strategy for the trial. Baker later told the judge, "I defended (Myers) to the best of my ability."
During cross examination, the prosecution highlighted Hugh Baker's 30 plus years of experience as a trial lawyer. Prosecutors say Patrick Baker had expert help from his father when it came to trying the case.
"For the trial you had Hugh and Patrick Baker. Hugh is a very competent lawyer and he is a challenge for any prosecutor. By himself he would have been a challenge," said Bob Cline, Chief Deputy Prosecutor, Morgan County.
The prosecution's side is delayed because one of their key witnesses is not in town right now. The judge is also trying to fit all of the trial around his calendar.
Friday ended with attorneys for John Myers carting box after box of trial transcripts and records out of the courthouse and loading them into a mini-van.
They had planned to complete their presentation in the case by the end of the day. In court, they told the judge they needed another 2-3 days.
The hearing will continue May 21 through May 24.
The delay is due to scheduling issues.
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