Posted: 5/30/06
Meyerís attorney questions hearsay evidence
By David Heiller
Argus News Editor
A ìhuge barn doorî of inadmissible evidence has been opened in the Justin Meyer murder case.
Thatís the opinion of attorney Carol Weissenborn, the chief public defender of Third District Court in Rochester.
She claimed during an omnibus hearing for Meyer in Caledonia on May 24 that the grand jury heard large scale hearsay evidence from the victim in Meyerís kidnapping case.
Meyer was found guilty of kidnapping in the first degree on November 10, 2004 in Allamakee County District Court in Waukon, IA. He was sentenced to life in prison without parole on November 29, 2004.
He is now standing trial in Minnesota for killing Mark Sullivan, 24, of Caledonia on December 8, 2003.
ìShe is far and away the central witness,î Weissenborn said of the kidnapping victim. ìThat is the heart and soul of their case and it was all presented in hearsay fashion.î
Weissenborn also cited court cases that disallowed the prosecutionís arguments and opening and closing comments being given to the grand jury.
She is seeking the complete transcripts of the grand jury indictment. Judge James Fabian has ruled that the defense may have only witness testimony.
Prosecuting attorney David Voight, an Assistant Minnesota Attorney General, said he would address Weissenbornís legal arguments in briefs that are due by July 12.
He added that he felt all the grand jury evidence was admissible. The murder counts arenít based on multiple theories as Weissenborn suggested, he said, but rather on the fact that Meyerís conduct violated the law for first degree murder.
Judge Fabian noted that the defense was withdrawing two search motions, but was keeping motion three as well as a motion for a change of venue.
Motion three is an order dismissing the indictment based on the following: evidence admissible before the Grand Jury was not sufficient as required by Minnesota Rules of Criminal Procedure to establish probable cause for the offenses charged; was not sufficient to establish probable cause for the offense charged due to the excessive presentation and/or elicitation of inadmissible evidence, including the following: speculative testimony from various witnesses; hearsay testimony from various witnesses; improper elicitation of prior bad acts evidence; improper elicitation of vouching testimony, prosecutorial misconduct and intentionally misleading testimony from one or more professional witnesses. The grand jury was illegally constituted. That the Grand Jury was not found or returned as required by law; that exculpatory evidence concerning the defendant was improperly withheld from the grand jury for its consideration; that the grand jury was improperly charged and instructed as to the law to apply, that the indictment does not substantially comply with the requirements prescribed by law to the prejudice of the substantial rights of the defendant.
Fabian said it would be more appropriate to discuss the change of venue request as the trial approaches. Attorney Samuel Jandt of La Crescent, who is also representing Meyer, said the defense just wanted to raise the issue at this time.
Family members for Sullivan and Meyer sat on opposite sides of the courtroom. Several deputies were on hand, and people had to pass through a metal detector to attend the 30-minute-long session.
Meyer was dressed in a blue jump suit and was shackled at the ankles. His head was shaved, and he did not make eye contact during the proceedings.
Meyer is currently in the Olmsted County Jail. Houston County Jail is a 90 day facility. Jail administrator Mark Schiltz told the Argus that he is saving those 90 days for him in the event a jury trial occurs so the county doesnít have to transport him during the trial.
ìMy jail population calls for housing inmates in other counties anyway,î Schiltz added.
Meyerís next court appearance has not been set.
Four counts of murder
The State of Iowa is allowing the temporary transfer of Meyer to Minnesota. If he is convicted, he will go back to Iowa to finish his sentence. He would only serve prison time in Minnesota if he were released there. Meyer was charged on February 25, 2005, with four counts of murder in the first degree. Each carries a sentence of life in prison. He is also charged with one count of pattern of harassing conduct. A grand jury brought the indictments, which is required for first degree murder charges.
The case is being tried by Voight, Houston County Attorney Rick Jackson, and Iowa Assistant Attorney General A. Pat Houlihan. Houlihan and Voight also worked together in the kidnapping trial.
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