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Last updated on Friday, May 24, 2013
(MARTINSVILLE) - Morgan County Judge Thomas Gray will now determine if John Myers will receive a new trial.
After seven days of testimony, both sides rested Thursday afternoon.
Myers, convicted in 2006 for the 2000 murder of Indiana University student Jill Behrman, claims he deserves a new trial because his attorney was incompetent.
Thursday, Myers' team of attorneys called an Indiana State Police crime scene detective to the stand. Sgt. Chris Lewis was called to testify about how evidence was handled during the investigation and trial.
According to State Police property room records, on Oct. 4, 2006, Myers' trial attorney, Patrick Baker, accompanied the Morgan County Prosecutor to the State Police Post in Putnamville to view a video tape kept in the evidence property room.
The visit was just weeks before the trial began.
Myers' current team of attorneys Deputies State Public Defender Anne Burgess and Joanna Green told the judge, according to ISP property room records, Baker's Oct. 4, 2006 visit was the only time he was at the post to review evidence from the property room.
But earlier in the trial Baker testified that he had been to the ISP property room on his own to to review evidence in the case, but there is no record of Baker doing that.
After the defense rested their case, Morgan County Chief Deputy Prosecutor Bob Cline told the judge the defense had not met their burden of proof that Myers deserved a new trial.
But according to Myers defense team Patrick Baker failed to give Myers adequate representation and made numerous mistakes both before and during Myers trial.
Attorneys on both sides are now required to submit a summary of their case for the judge to review. They have until October 15 to submit their briefs and rebuttals to each other's briefs.
Judge Gary will make his final ruling on whether to grant John Myers a new trial some time after that.
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