MARTINSVILLE, Ind. (AP) — It will likely be months before a judge rules on whether to order a retrial for the man convicted of killing an Indiana University student who disappeared during a 2000 bike ride.
A Morgan County judge gave prosecutors and defense attorneys for John Myers II until Sept. 1 to submit legal briefs after concluding a hearing on Thursday that included seven days of testimony since late April.
Myers was convicted in 2006 of killing 19-year-old Jill Behrman, whose remains were found in a Morgan County field nearly three years after she disappeared. Myers is serving a 65-year sentence and maintains his original attorney disregarded evidence that could have exonerated him.
Morgan County Deputy Prosecutor Robert Cline said he was confident Myers killed Behrman, The Herald-Times reported.
When asked what would happen if a retrial was ordered, Cline said: "We will try the case again. And we will convict him again."
Defense attorney Anne Burgess declined to comment.
Jodie Myers said the two state public defenders representing her son brought out key evidence that his original lawyer, Patrick Baker, did not pursue during his 2006 murder trial.
"Patrick Baker played a huge role, along with other people, and did not do the job he was supposed to be doing," she told WISH-TV. "My son is innocent. I've always said he is innocent. He's always said he is innocent."
Baker apologized to both the Myers and Behrman families when he testified Tuesday. He said he was sorry he alleged that Jill Behrman might have been pregnant when she was killed and told Myers' mother he regretted unethical actions he took during the trial.
The Indiana Supreme Court Disciplinary Commission suspended Baker's law license in 2011, partly because he falsely told the jury during Myers' trial that a police dog had "alerted" for evidence at another person's home.
Prosecutors didn't call any witnesses during the hearing on Myers' request for a new trail. Cline said he didn't believe defense attorneys had presented adequate evidence to support their motion.
Eric Behrman, Jill Behrman's father, said he didn't believe any new evidence had come out during the hearing.
"Everything we heard was a lot of what we heard before," Behrman said. "It was just repeats."