A judge ruled Monday Myers would be released and will be monitored by GPS tracking, cannot travel outside the state of Ohio and must comply with all parole and court orders.
Myers’ defense argued that he had no disciplinary issues while in prison, and did not have to undergo the type of psychiatric treatment that would be typical of someone who would “commit this horrendous crime,” said Elizabeth Smith, a partner with Vorys, Sater, Seymour and Pease.
“There’s no direct evidence here. All of the things that the state has said have been thrown out. He is entitled to the presumption of innocence,” Smith said.
During an evidentiary hearing earlier this month, Myers’ attorneys argued that new DNA evidence and expert opinions point to his innocence, specifically that Myers’ DNA did not match male DNA on the railroad spike used to kill Maher and on one of the rocks used in the attack. DNA testing was conducted on the rocks and spike in 2021.
The state argued against his release, citing a criminal history that includes prior convictions. In 1986, Myers was convicted of 11 felony counts of forgery, and at the time of Maher’s death, Myers was on probation for sexual battery.
“What we know about this man, when he was out in the world in the time of immediately preceding this indictment when it was initially handed down, did not speak well of his ability to follow the law,” Greene County Chief Trial Counsel Bill Morrison said.
Maher’s daughter, Sarah Sparkman, read a statement to the court Monday, saying that the last 30 years of criminal proceedings have altered the course of her life forever.
“The thought of him being released on bond while facing aggravated murder is highly unsettling,” she said. “Even before his conviction and incarceration for my mother’s murder, he demonstrated more than once that he is not a contributing member to our society.”
Sparkman added that she will be seeking a no contact order against him, and requested GPS monitoring and house arrest if he is released.
Visiting Judge Jonathan Hein said Monday he had reviewed Myers’ prison discipline records. The record contained one violation seven years ago, where corrections officers found a wooden spoon in his cell.
“I’m going to give you your opportunity to show that you can comply with pretrial preparation and defense, but it’s a very, very short leash,” Hein said.
Myers faces the challenge of adapting to life outside of prison for the first time in 30 years, Hein said.
“I don’t have a clue what it’s like to sit your chair and try to figure out what society was like since 1986,” Hein said. “Most of the things in this room didn’t exist.”
The state is planning to appeal both of Hein’s judgments, Greene County Prosecutors said in court Monday.
“The state does not concede — and will not concede — that the proof is not evident,” Morrison said.
A new pretrial date will be worked in around the appellate process, Hein said.
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