5:00 p.m. UPDATE
What was supposed to be the next-to-last day of the post-conviction hearing for the man found guilty of killing IU student Jill Behrman turned out to be just a middle round of sparring Thursday.
In a high-pitched, slightly scratchy voice which required him to frequently sip from a water bottle, attorney Patrick Baker – a member of Myers’ original defense team — seemed almost to enjoy a five-hour back-and-forth with defense lawyer Anne Burgess.
In answer to dozens of questions about Myers’ murder trial and the events which led up to it, Baker answered “I don’t recall”. When pressed about whether he had enough time to prepare, Baker variously said he now believes he didn’t have adequate prep time and that he put too *much* time into the case.
Morgan County Prosecutor Steve Sonnega says any incongruities in Baker’s statements may be attributable to him trying to explain why the trial went the way it did.
“It isn’t just Patrick Baker the lone ranger,” Sonnega says. “This is a defense team of very experienced attorneys and I hope that is a factor at the end of the day – that you look at the whole picture.”
But it was Baker who spent most of the day on the stand Thursday, his hands clasped and his lips pursed – offering responses which were as specific as he could make them, even if he needed Burgess to repeat questions.
Burgess sought to show Baker didn’t do enough to introduce evidence of Myers denying he killed Behrman or evidence a trio of others once considered suspects may have been responsible. Deputy prosecutor Bob Cline chalked it up to a calculated series of moves on Baker’s part, asking him at one point “If it’s completely irrelevant, you’ve got to disregard it, right?”
But the day ended before the defense could finish its questioning of Baker. And since a previous agreement was in place stating he is unable to testify Friday due to personal concerns, the hearing will continue beyond the end of the week.
The lawyers who formerly represented John Myers appeared in court Wednesday at a hearing seeking the vacation of Myers’ conviction for killing Indiana University student Jill Behrman.
The lawyers are at the center of the case being heard in a Morgan County court.
The morning was dominated by testimony from one of Myers’ former lawyers Patrick Baker, but it started with Judge Thomas Gray calling a television reporter to the stand.
WISH-TV’s Jay Hermacinski testified about his cameraman finding a note on the windshield of the station’s van Wednesday, mentioning others who may have committed the crime of which Myers was convicted seven years ago.
The note was entered into evidence this morning, and the woman who wrote it was barred from the court.
Bakers spent more than two hours on the stand, enduring questions about his suspended law license, whether he wavered in his decision to represent Myers when it became clear he would lose money on the case. He was also questioned on how he became involved in the first place, which was by a phone call that originated from Scholars Inn restaurant in Bloomington just days before Myers was first arraigned.
Baker eventually tried the case alongside his father Hugh Baker, who is expected to be the afternoon’s key witness.