ERRORS
OPINION OF MAY 30, 2008
COURT OF APPEALS OF INDIANA
CAUSE NO. 55D02-0604-MR-87
The Morgan County Prosecutor’s case against John R. Myers, II contained three critical elements.
The first critical element was that victim Jill Behrman was riding her bicycle on North Maple Grove Road, approximately
eight miles northwest of her home located on the southeast side of Bloomington, Indiana at 1320 South Forrester
Street on the morning of Wednesday, May 31, 2000.
The second critical element of the case was that the accused, John R. Myers, II, was in his mobile home at 1465 West
Maple Grove Road on the morning of May 31, 2000 making telephone calls. Billing records from Smithville Telephone
Company indicated that several telephone calls were made to various locations from the Myers mobile home
throughout Wednesday, May 31, 2000.
The third critical element of the case was a sworn affidavit, ruled inadmissible by the trial judge, which had been
prepared by FBI Agent Gary Dunn. This affidavit implicated three other individuals in the abduction and killing of
victim Behrman. This affidavit placed the victim approximately three and one-half miles south of her home located on
the southeast side of Bloomington, Indiana where a witness, Maral Papakhian, who had known victim Behrman for 12
years saw the victim pedaling her bicycle southbound at approximately 9:45 a.m. on the morning of Wednesday, May
31, 2000.
ERROR #1: Appeal Opinion page 3, line 17, page 4, line 1, and page 4 footnote 2. The imprecise day and time of the
claimed sighting of a female who resembled the victim on North Maple Grove Road by a witness is striking.
ERROR #2: Appeal Opinion page 4, line 1. It should also be noted that the tracking dog cited on page 4, line 1 was
not allowed to work in the area of North Maple Grove Road where the witness claimed to see a female bicyclist (Trial
Transcript page 975, line 10 and those following, also page 1021, line 1 and those following).
ERROR #3: Appeal Opinion page 4, line 2. The Opinion states, “While another report placed Behrman south of
Bloomington at 4700 Harrell Road at approximately 9:38 a.m…..” FBI Agent Gary Dunn’s affidavit states that Maral
Papakhian encountered Jill Behrman at approximately 9:45 a.m. (affidavit page 6, line 1). The affidavit’s time line for
the Papakhian sighting is consistent with the victim’s bicycling ability.
ERROR #4: Appeal Opinion page 5, line12 and 13. The Opinion states “Myers’s mother, Jodie Myers, testified that
she had made those calls.” This error of statement and understanding completely undermines the State’s case
against John R. Myers, II. John R. Myers, II made the telephone calls (Trial Transcript page 1758, line 8 and those
following). The confusion that is obvious in the Appeal Opinion results from the fact that Jodie Myers called the listed
telephone numbers at a later date; the trial testimony elicited by Deputy Prosecutor from Jodie Myers is admittedly
unclear on this point. However, Prosecutor Sonnega refers at length to John R. Myers, II making the calls in his
closing argument (Trial Transcript page 2820, line 12 and those following).
ERROR #5: Appeal Opinion page 22, line 14. The Opinion states, “… the trial court has discretion to permit the
admission of even marginally relevant evidence.” This appears to conflict with the trial court ruling FBI Agent Gary
Dunn’s affidavit inadmissible. The affidavit has more that marginal relevance because of its detailed specificity. By
ruling the affidavit inadmissible, the trial judge predetermined the outcome of the trial by eliminating information that
conclusively established Reasonable Doubt.
ERROR #6: Appeal Opinion page 28, line 7. The Opinion states, “The trial court excluded the report on the grounds
that it contained hearsay within hearsay.” Same as Error #5.