In rare move, federal judge overturns murder conviction due to client's 'ineffective' counsel
A federal judge has ordered the release of a man convicted for the 2000 murder of an Indiana University student, ruling that his lawyers were ineffective and violated his sixth amendment rights — a decision one expert calls “very rare.”
Myers initially challenged his conviction in state post-conviction proceedings, but was unsuccessful. He then went to federal court and sought a writ of habeas corpus—arguing that his lawyers provided ineffective defense during the trial, and that prosecutors presented false evidence and withheld exculpatory evidence.
Story continuesAccording to the Indiana Supreme Court, the false statements included the claim that search dogs were sent out shortly after the victim’s disappearance, and while one dog was “alerted” at the home of Behrman’s married co-worker, Mr. Hollars, the dog was called off. “These statements were false and Respondent should have known that no evidence would be admitted at trial to support them,” the Indiana Supreme Court said.
“Our legal team initially took on Mr. Myers’ murder case in April of 2006 pro bono because we believed in his innocence, as we still do,” Baker said. “We fight for the Constitutional rights of our clients, and when necessary, take on difficult and unpopular causes in the interest of justice. We are very pleased the Court’s Order has given John Myers and his family renewed hope. We express our heartfelt sympathies to the Behrman family and will continue to pray for all involved.
Meanwhile, the Office of the Indiana Attorney General says in a statement obtained by TIME that “we respectfully disagree with the federal court’s decision. We believe the Indiana courts handled this case appropriately. We continue to carefully review this ruling and will vigorously pursue justice.”While wrongful convictions are frequently overturned, Molly J.
According to Geraghty-Rathert, most murder convictions are overturned by exculpatory DNA evidence, so Myers’ case is unique.
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