INDIANAPOLIS, Ind. – The Indiana Attorney General’s Office is appealing a recent ruling that ordered the release of John Myers II, the man convicted of killing IU student Jill Behrman.
The AG filed to appeal the lower Federal District Court decision to the 7th Circuit Court of Appeals on October 30.
Behrman disappeared during a bike ride in 2000, and her remains were found in 2003.
Myers was convicted of killing Behrman in 2006 and sentenced to 65 years. He tried to challenge the conviction, but it was upheld by both the Indiana Court of Appeals and Indiana Supreme Court.
He’s been at the Indiana State Prison in Michigan City since then.
On September 30, 2019, U.S. District Court Judge James R. Sweeney of the Southern District of Indiana said the legal counsel for Myers was ineffective, and he ordered Myers’ release from prison.
The AG had 120 days to file the appeal and request a new trial, and they did so within the first 30 days.
A spokesperson with the Attorney General’s Office released the following statement:
“Briefing will occur over the next several months, and after that’s completed then the Court will hold a hearing called an “oral argument” where the judges and attorneys will discuss the case details. There is no deadline for the Court’s ruling. Because the State has appealed the decision of the district court, we do not anticipate John Myers being released pending appeal or while any retrial occurs, if it should come to that.”