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Wednesday, February 14, 2007

Ind. Decisions - "Judge in Behrman case rejects bid for new trial"

The AP is reporting today:

MARTINSVILLE, Ind. -- Juror misbehavior during the murder trial of a man accused of killing Indiana University student Jill Behrman doesn't warrant a new trial, a judge ruled yesterday.

Morgan Superior Court Judge Christopher Burnham denied John Myers II's request for a new trial.

Defense attorney Patrick Baker filed court papers Dec. 29 alleging that the sequestered jurors misbehaved, drank alcohol, and smuggled in a television set, and that at least one called home on a bailiff's cellular telephone.

But Burham ruled that Myers' attorneys had not proven jury misconduct or that it would have affected the outcome of the trial.

"The Defendant has failed to establish that juror misconduct existed in this case," Burnam's ruling said.

"Even assuming ... that there was juror misconduct in this case, the Defendant has failed to establish that the misconduct was gross and probably harmed him."

For background, see this Jan. 20th ILB entry and its links to the Behrman story.

Posted by Marcia Oddi on February 14, 2007 09:11 AM
Posted to Ind. Trial Ct. Decisions