Following an emergency motion filed by the Office of the Attorney General, a federal appellate court has ruled that convicted killer John Robert Myers II must stay in prison during ongoing court proceedings.
In 2006, a jury convicted Myers of murder in connection with the death of Jill Behrman.
A 19-year-old Indiana University freshman, Behrman went missing after taking a morning bike ride on May 31, 2000.
Her remains were found three years later, and an investigation revealed she died from a gunshot wound to her head.
A U.S. district court ruled in 2019 that Myers should be given a new trial based on Myers’ contention that his defense attorneys provided inadequate representation at his original murder trial. The Office of the Attorney General filed an appeal, which remains pending.
In April, Myers’ current attorneys argued that he should be released from prison pending the outcome of his ongoing pursuit of a new trial.
A U.S. district court agreed, but the U.S. Court of Appeals for the Seventh Circuit on Wednesday sided with the Office of the Attorney General and overturned the lower court’s decision granting a release, which would have occurred on June 15.
The effect of the appellate court ruling is that Myers will remain imprisoned until at least 60 days following the end of the state’s appeal of the U.S. district court’s decision ordering a new trial.
“This result is a just one, allowing the appellate process to play out properly and giving some peace of mind for Jill’s family and friends,” said Steve Creason, chief counsel of appeals for the Office of the Attorney General.