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INDIANAPOLIS — John Myers, who was convicted in 2006 of the killing of Indiana University student Jill Behrman, will stay in prison until his appeal is decided, officials confirmed Wednesday.

The Office of the Attorney General said in a provided statement:

“We are pleased that the U.S. Court of Appeals for the Seventh Circuit ruled this evening that Myers shall stay in prison for at least 60 days following the end of the appeal. This result is a just one, allowing the appellate process to play out properly and giving some piece of mind for Jill’s family and friends.”


The Indiana Attorney General’s Office filed a motion Friday to keep Myers from being released.

Myers was sentenced to 65 years in prison.

A U.S. district court judge said he received ineffective counsel from his attorney during the 2006 trial, and his conviction was vacated.

The Indiana Attorney General’s Office challenged that ruling, and a decision on the appeal is expected to come within two to six months.

In April, Myers asked to be released, citing health problems, pending the appeal of his murder trial.

He said the medication he takes weakens his immune system making him more susceptible to the coronavirus.

His request was granted on May 29, and he was set to be released on home confinement on June 15 while awaiting his appeal.

Friday’s motion said the appellate court should vacate the district court’s order granting Myers’s release because the district court did not have authority to grant it.

The motion also said the district court exceeded its authority, and there was no reason to lift the stay.

The Office of the Attorney General said in a provided statement:

“The Office of the Attorney General respectfully disagrees with the district court’s decision to release Myers, and so we have asked the U.S. Court of Appeals for the Seventh Circuit to intervene and prevent his release. In our view, only the Seventh Circuit can decide whether Myers should be released because of the ongoing appeal. The State’s case against Myers is particularly strong and Myers originally agreed that his custody should continue during the appeal, so we hope that the Seventh Circuit will reverse the district court’s erroneous decisions.”