Posted: 11/16/04
Justin Meyer found guilty of first degree kidnapping
By David Heiller
Argus News Editor
Justin Meyer was found guilty of kidnapping in the first degree on November 10.
He kidnapped his former girlfriend and their son from her home in Caledonia on December 8, 2003, and took them to his parentsí home in New Albin, Iowa, where he sexually assaulted the woman.
The verdict by a jury of eight women and four men came after four hours of deliberations at the Allamakee County Courthouse in Waukon.
Family members and friends of the Mark Sullivan family gasped and cried when Judge John Bauercamper read the verdict. Sullivan was shot in Caledonia on December 8, 2003, prior to the kidnapping.
Justin Meyerís family and friends sat on the other side of the courtroom. After the verdict was read, Justin turned to them crying and wiping his face with a white handkerchief. He said a few words, then was shackled and led from the courtroom.
It was an emotional ending to an emotional case. Sullivanís shooting was recounted in detail over seven days of testimony, and the victim of the kidnapping gave a moving testimony about the ordeal.
Meyer did not testify. Judge Bauercamper told the jury not to use that against him in their deliberation. He stressed that Meyer was innocent until proven guilty.
Steven Hodge of the Iowa Public Defenderís office explained in his closing arguments that Meyerís testimony would have added no new information, since it had been summed up by other witnesses.
Juror talks about case
Clarke Simmonds, a juror in the trial, said the fact that Meyer kept control of the weapon was one of the biggest factors in their guilty decision.
ìHe could have even left it in Caledonia if everybody was going willingly,î the Lansing, Iowa, man said on November 15.
Jurors said that the woman would have felt pressure to go with him because of the shooting in the house, Simmonds added. ìIt would seem illogical not to feel pressured.î
Jurors did not feel that Meyer was mentally impaired, Simmonds said. ìThe feeling was that all along, he knew right from wrong.î That was evident even at the end, when Meyer turned himself in to police, Simmonds said.
ìItís not easy to have to convict somebody of those kinds of charges,î Simmonds said. ìIn his mind, he doesnít feel that he kidnapped anybody or [that] it was a sex assault. It was the same thing he always did. It was no different than the other times heíd taken her or controlled her or done anything else to her. Unfortunately what you think in your mind isnít what the law says either.î
Specific intent was a key
A main issue in the case was whether Meyer had ìspecific intentî to kidnap the woman or whether he had ìdiminished responsibilityî as the defense argued.
Both sets of lawyers brought in doctors to argue their points. Dr. Thomas Sannito, a defense witness, said on November 8 that Meyer could not have been acting with specific intent because he suffered from paranoid and dependent personality disorders.
Sannito, a Dubuque psychologist, contended that Meyer was ìlike a blood sucker who becomes attached to people and just won't let go.î
When the woman told Meyer that she loved him and would help him after Sullivan's death, Sannito claimed that Meyer felt he had gained her love, and therefore could not form a specific intent to kidnap.
But the prosecutionsí medical expert, Dr. Michael Taylor of Des Moines, bluntly refuted that. ìHe was fully capable of forming specific intent,î Taylor said.
Meyer didnít have disorganized thought processes, and wasnít acting in a wild, random manner. Taylor said.
Meyerís actions of putting sugar in the gas tanks of the womanís car and Mark Sullivanís truck, cutting telephone wires, and quietly entering the womanís house through a basement window all showed planning and logical thinking, Taylor said.
Meyer wanting to have sex one last time showed that he knew the repercussions of his actions, Taylor added.
Meyer clearly was not suffering from any significant psychiatric disorder, Taylor said.
Didnít go willingly
The other key point in the case was whether the woman went willingly with Meyer that night and consented to sexual intercourse.
Prosecuting attorney A. Patricia Houlihan of the Iowa Attorney Generalís office stressed in her closing statements that the woman did not have control that night.
ìHe was the one with the gun and he said he was going to kill her,î Houlihan said of Meyer. ìShe was a hostage in her own home.î
The woman did what any hostage would have done, Houlihan said: ìShe let the defendant be in charge.î
Houlihan also showed the jury an enlarged copy of the last of Meyer three suicide note. ìWell, she pushed me to this point,î Houlihan read. ìShe think she can come here, have sex with me, and now tonight with this other dude. No way.î
Houlihan then said, ìThat letter tells you what was in his mind when he left New Albin that night.î
The woman faced terror at her house when Mark Sullivan was killed, Houlihan said. ìTo think that that fright evaporated two hours later is ridiculous.î
Woman ìcrossed the lineî
Defense attorney Steven Hodge, in his following closing statement, started by saying several times that Mark Sullivan did not deserve to die. ìNobody is trying to say that thatís not the case,î Hodge said. ìBut thatís not what weíre talking about.î
Hodge then went on to talk about whether Meyer had specific intent to kidnap the woman and their son.
He talked about Meyerís personality disorders. ìThese personality classifications donít change over time,î Hodge said.
He repeated evidence brought out over the previous six days that the woman had kept in contact with Meyer despite filing a restraining order against him a month before the kidnapping. That continued contact was important, Hodge said, because Meyer was following her and wanting her approval.
Hodge also asked why the woman was not more forthcoming with things she had done, like going shopping with him three days before the kidnapping, or moving Mark Sullivanís truck after the shooting.
Hodge referred to Meyerís final suicide note, which ended, ìIím in a better place.î
Hodge said, ìThe fact is that Mr. Meyer intended to commit suicide.î
How the murder happened doesnít matter, Hodge added, then repeated an earlier statement, ìA man died that shouldnít have.î
After that point, Meyer did not have the intent to kidnap the woman, Hodge said. When she went into ìsurvival modeî and played along with Meyer, perhaps she crossed the line, Hodge suggested. ìPerhaps she was so glad that she made Justin believe her.î
Once Meyer got the love and affection that he had craved, he could not harm the woman because it would defeat the very thing that had finally change, Hodge said, repeating Dr. Sannitoís theory.
A difficult case
Houlihan said it was a difficult case both physically and emotionally. There were two crime scenes and the crimes occurred over several hours.
ìJust the nature of the facts and circumstances of the crime were very emotional for many people involved,î Houlihan added.
ìIt was a horrific set of facts and circumstances.î
She thought it was well handled by both the defense and the state of Iowa.ìEverybody took their job seriously. It was a very professional and well-tried case all around. I really think that everybody did their best.î
Houlihan was assisted by David Voight of the Minnesota Attorney Generalís office.
Defense attorney Steve Hodge said Mark Sullivanís death in Minnesota was the key part of his clientís conviction. ìWe were concerned all along that the shooting in Minnesota would have have an overwhelming impact in this case and I think it did,î Hodge said on November 12.
Was if a difficult case? ìAll capital cases are difficult,î Hodge answered. ìWhen youíre dealing with a manís life, itíís always difficult.î
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