Posted: 11/2/04
Meyer trial begins
By David Heiller
Argus News Editor
The kidnapping trial of Justin Meyer got underway on November 1, with opposing lawyers painting two different versions of events in their opening statements.
After four days of jury selection last week, the trial commenced on Monday at the Allamakee County Courthouse in Waukon, Iowa.
Meyer, 24, is charged with kidnapping in the first degree for allegedly kidnapping his former girlfriend and their son from her home in Caledonia on December 8, 2003.
He allegedly killed Mark Sullivan of Caledonia prior to the kidnapping. Meyer will be extradited to Minnesota after the Iowa trial. He faces two counts of second degree murder here.
Sullivanís death was recounted in detail by Davis S. Voight, a prosecutor from the Minnesota Attorney Generalís Office. He is sharing the prosecution with A. Patricia Houlihan of the Iowa Attorney Generalís office.
In Voightís opening statement, which lasted about 45 minutes, he called Meyer ìa jealous ex-boyfriend who wouldnít take no for an answer.î
He said Meyer killed Sullivan, the womanís new boyfriend, then took the woman to his parentís house in New Albin and raped her.
Meyer took the woman to cover up the shooting, to control her, and commit a sexual act with her, Voight said.
Meyer cut the telephone line to the womanís house in Caledonia prior to the murder, and poured sugar in both her gasoline tank and that of Sullivanís truck, Voight said.
Voight said that Meyer entered the house through the basement, then went upstairs and turned on the bedroom light. The child, who was born on February 1, 2003 was asleep on the floor.
Meyer held them at gunpoint with a 16-gauge shotgun that he had taken from his parentsí home, Voight said.
Sullivan made one comment, to the effect of ìPut the gun down,î then was killed instantly when he made a protective gesture to the woman, Voight said.
Meyer then screamed about killing himself and her, Voight said. the woman knew she was close to being killed, so she went into survival mode, and tried to calm him down.
They took Sullivanís truck to his parentsí house, then drove back to the womanís home, where he hid the severed telephone lines and put a board in the basement window, Voight said.
Then they drove to Meyerís parentís house in New Albin, Voight said. ìHe was completely in control and she was terrified.î
She lay in bed, Meyer lay down beside her and wanted to have sex, Voight said. The woman was horrified and said no, Voight said, but she knew she could not fight him off, so she didnít resist.
Voight warned the jury that the defense would say she initiated the sexual act during the kidnapping. ìThatís not how it happened,î Voight said.
Meyerís younger brother came to the house to get a ride to high school, Voight said, and they both told him that the defendant had killed Sullivan.
While Justin and his brother were smoking in the garage, the woman went in the house and called 9-1-1, Voight said. The defendant called the police at about the same time, he added.
Voight told the jurors that the kidnapping charges donít relate to the shooting in Minnesota, but the jury should consider them with regard to the intent to the alleged kidnapping and why the woman acted the way she did.
Different version
Public defender Steven Hodge had a different version of the kidnapping. He said that the woman had at least two opportunities to escape after Sullivan was killed.
In one instance, he said Meyer went into her house after Sullivan had been killed to get Sullivanís truck keys so they could move his truck. The woman and her son remained in Meyerís parentsí truck with the engine running, yet did not flee, Hodge said.
The woman then drove Sullivanís truck to Sullivanís motherís house and parked it there, with Meyer and their son following in his parents truck. The woman did not tell investigators that fact until she was asked about it directly by investigators about two months later, Hodge said.
Hodge also said that the woman did not say that she had been raped until she was asked that question directly by Allamakee County Sheriffís Deputy Jerry Valley, after she had called 9-1-1 the morning of the alleged kidnapping.
Relationship description varies
The relationship that Meyer and the woman had at the time of the murder and alleged kidnapping was also portrayed differently by the two attorneys.
Voight said that the woman had kicked Meyer out of her house in the fall of 2003, and that their relationship ìwas on the rocks.î In October, the woman received a restraining order which prohibited him from going to her house.
It was at that time that she began a relationship with Mark Sullivan, said Voight, who described Sullivan as kind and responsible. Their relationship was ìa polar oppositeî of what she had with Meyer, Voight said.
Meyer was abusive to the woman, Voight said, regularly punching and shoving her, and hitting her hard in the face like a man. Voight slammed his fist into his hand to demonstrate a blow. Meyer threatened her, doused her with beer, and humiliated her, Voight said.
Meyer told the woman that if he found her with another man, he would kill her, Voight said.
The womanís son prevented her from completely severing ties with her, Voight said. He said she didnít want to cut her sonís ties with his father, Voight said, and that she was afraid that if she broke off the relationship, something terrible would happen.
By October and November, she was keeping Meyer at ìarm's length,î which made the defendant more and more desperate, Voight said.
When Meyerís parents took a vacation in early December, Justin Meyer was left alone in the house, and things spiraled out of control, Voight said.
Hodge characterized the relationship that Meyer and the woman had right before the alleged kidnapping as much friendlier. He said they had had intimate relations on December 5, which was just three days before the murder. They went shopping together in La Crosse that day too, something the woman failed to tell investigators for two months, Hodge said.
On Sunday, December 7, Meyer tried multiple times to call the woman at her home, Hodge said. That worried Meyer, who thought she might have had an accident, Hodge said.
Meyer made three trips to Caledonia, Hodge said, and became ìpainfully awareî that the woman was with another man.
On one of those trips back to his parentsí home, Meyer changed his clothes so that he would be wearing ìclothes that he could die in,î Hodge said. He also wrote notes to his folks explaining the torture that he was going through, Hodge said.
Hodge said that Meyerís intent was to kill himself.
Voight disagreed with that. He said the notes started out suicidal, but the tone changed and he became angry. ìëShe pushed me to this pointí,î Voight said, quoting one note.
Mistrial motion denied
In between the two opening statements, public defender Paul Kaufman asked for a mistrial, claiming that Voight had made inflammatory and prejudicial remarks and that Meyer could not have a fair trial.
He objected to a statement and demonstration by Voight that Meyer had raised a 16-gauge shotgun to his shoulder and pointed it at the woman and Sullivan. Kaufman read from the womanís disposition where she said ìGod noî when asked if Meyer had held the gun to his shoulder.
Voight responded that the woman had said she was staring down the barrel of the shotgun. He said Meyerís conduct in the murder said volumes about his conduct toward the woman and why she acted as she did.
It was ìinextricably intertwinedî with how he confined her and moved her, Voight said. ìQuite frankly, murdering Mark Sullivan was the means to do that,î Voight said.
Judge Bauercamper dismissed the motion for a mistrial, stating the opening statement was consistent with the courts ruling of evidence. If there is a variance, it is not extreme enough to cause a mistrial, the judge said.
Bauercamper estimated that the trial could take two weeks.
The prosecution has a witness list of 46 people. The defense has five witnesses, not including Justin Meyer, whom Hodge said will testify on his own behalf.
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