State v. Myers, No. 32782-1-II (Wash. App. 8/8/2006)
| Decision Date | 08 August 2006 |
| Docket Number | No. 32782-1-II,32782-1-II |
| Court | Washington Court of Appeals |
| Parties | STATE OF WASHINGTON, Respondent, v. JEREMY LEE MYERS, Appellant. |
Appeal from Superior Court of Pierce County. Docket No: 03-1-03344-0. Judgment or order under review. Date filed: 01/07/2005. Judge signing: Hon. Ronald E Culpepper.
Counsel for Appellant(s), Rita Joan Griffith, Attorney at Law, 1305 NE 45th St Ste 205, Seattle, WA 98105-4523.
Counsel for Respondent(s), Alicia Marie Burton, Pierce County Prosecutors Office, 930 Tacoma Ave S Rm 946, Tacoma, WA 98402-2171.
Jeremy Lee Myers appeals his convictions for first degree murder and conspiracy to commit first degree murder. We affirm.
Jeremy Myers and Jessica Myers (Jessica) married in August 2001. The couple had one son, Alex, born in June 2003. On July 6, 2003, Jessica and Alex went to stay with Jessica's mother. Myers, a soldier, induced Jessica to stay with her mother on the pretense that he had been called out to `the field.' 6 Report of Proceedings (RP) (Oct. 18, 2004) at 928. Myers did not, however, go into the field but stayed at their apartment.
In June 2003, before Jessica left to stay with her mother, Myers met and befriended a 15-year-old girl, Sarah Benton. Benton lived in Las Vegas but was visiting her father in Washington for the summer. The day after Jessica left, Myers began a sexual relationship with Benton. Myers told Benton that he was going to get a divorce. The relationship continued until Benton had to return to Las Vegas for a doctor's appointment on July 13.
During his wife's absence, Myers appeared to be searching for a way to kill her. Police found that he had searched the internet for `hit men wanted' and `rat poison.' 2 RP (Oct. 8, 2004) at 215, 218. In addition, Myers asked Amanda Elzner, Benton's best friend, if she knew anyone who would kill Jessica for him. He then offered Elzner $10,000 from Jessica's life insurance if she would help him do it. Benton also testified that Myers had told her that he was going to kill Jessica, although she did not take the threat seriously.
Myers was supposed to pick up Jessica and Alex on July 11, but he did not show up until July 13, the day Benton flew back to Las Vegas. Jessica quickly discovered Myers's relationship with Benton. In a July 14, 2003 journal entry, Jessica recorded that she discovered a love letter to Benton and that she had lost her temper. The police later found Jessica's journal in a locked briefcase in Myers's room. She also wrote that Myers asked her to wait two days before deciding whether to leave him.
The next day, on July 15, Christopher Baber, also a soldier, returned from visiting his family in Ohio. Because the army barracks was empty, he decided to stay with Myers and Jessica the night of July 15, spending the night on their couch. Baber testified at trial that he was part of an organization called the `Federation' and that Myers had recruited him into the organization. 10 RP (Oct. 25, 2004) at 1632. Baber believed that it was an organization intended to rid the country of drug dealers and other bad people and that it had thousands of members. According to Baber, Myers, who was known as Commander Jeremy or C.J., was the head of the Federation in Washington State.
Myers's neighbors reported that after Jessica's return to the apartment, they heard yelling and fighting in Myers's apartment. One of the neighbors reported to police that she heard two male voices on the apartment's deck. One of the voices said that `he hated her' and that he wanted to `fucking kill her; he hated that bitch.' 6 RP (Oct. 18, 2004) at 1022.
According to Baber's trial testimony, when he returned to Washington on July 15, Myers and Jessica were home and told him that the Federation had put a `hit' on Jessica, meaning that the Federation was going to kill her. 10 RP at 1670. Baber testified that Myers convinced Jessica and him that they should fake Jessica's death so the Federation would leave her alone. Myers convinced Baber that he had done the same thing before and showed him the movie `Spy Game'1 to show it was possible. 10 RP at 1672.
Baber testified that they initially planned to have Jessica go to a local bar and pick up a man. She would then take a concoction that would appear to stop her heart and they would blame her death on the man. After she was buried, they would dig her up and give her a potion that would revive her.
The State introduced evidence that on the night of July 15, Jessica went to a bar and solicited Jimmy Herrod for a sexual encounter. Herrod testified that while they were in the bar, Myers came in and asked Jessica to come outside with him. Jessica returned to the bar after a half an hour, and she and Herrod left the bar to have sex. But Jessica surreptitiously called 9-1-1 to report a rape in progress. At this point Jessica began vomiting, and Herrod decided not to pursue the sexual encounter. When the police arrived, they questioned Herrod and released him after determining that he had not done anything. Jessica told police that she knew her husband was cheating on her and that she wanted to pay him back. The police blamed her illness on her drinking.
After the murder, Baber told police that this encounter was the first attempt to fake Jessica's death. He testified that when Jessica left the bar with Myers, she drank the potion that was supposed to simulate death. But Jessica apparently vomited the poison.
A few days later, Myers reported that Jessica was missing. Myers told police that Jessica left the apartment to find some food and took some money with her. Myers said that he was drinking and watching a movie and that he had passed out. He woke at 8 a.m. because he heard his son crying, changed him, and went back to sleep. He did not see Jessica at this point and did not look for her. He woke again in the afternoon when Jessica's mother called to speak with Jessica. He told her that he had not seen Jessica. Eventually, Myers called the police and reported that Jessica was missing. Though questioned about it, he denied a relationship with Benton.
The police searched Myers's apartment and found a torn up love letter from Myers to Benton, Jessica's journal, and documents containing information about the Federation. The police also interviewed Baber, and Baber told them he last saw Jessica at 1 a.m. on July 16. He denied being involved in her disappearance. Meanwhile, Myers, Baber, Jessica's aunt, Kristin Wadleigh, and Jessica's mother put up missing posters and looked for Jessica around Tacoma. At trial, the State elicited that Baber appeared scared and that Myers had acted inappropriately by laughing and playing loud music.
Teddi Henkel, Jessica's friend, also helped Myers and Baber look for Jessica. After reporting Jessica missing, Myers continued to pursue his relationship with Sarah Benton. Henkel testified that Benton called Myers after they returned to Myers's apartment from looking for Jessica. Myers ended the conversation by telling Benton, `I love you.' 7 RP (Oct. 19, 2004) at 1113. Benton, however, denied that Myers told her anything other than his wife was missing. In any case, Myers also researched bus and plane tickets from Las Vegas to Washington and purchased a plane ticket for Benton to return on July 19, 2003. Benton missed this flight.
On July 20, 2003, Tacoma Police Officer Paul Brown discovered Jessica's body in Myers's car. The car was located just off of Ruston Way. Jessica's body was in the back seat with a bungee cord wrapped around her neck. The cord was suspending her head and upper torso. She had been dead at least 48 hours, and the medical examiner determined the cause of death was strangulation. He found no evidence indicating that she had struggled with her murderer.
The contents of Jessica's purse were strewn over the car's hood. The police found some broken black zip ties under the car along with a button and some black string that matched Jessica's clothing. Her shirt was either cut or torn in a straight line. And she held an angel medallion with a broken chain in her hand.
After finding the body, the police re-interviewed Myers. When the body was discovered, Myers was on the Army base, and the police requested that the Army prevent him from seeing any media coverage of the case. During questioning, the officers did not reveal any circumstances of Jessica's death. Nonetheless, Myers appeared to know that Jessica's body was in Tacoma. At one point during this interview, Myers admitted fighting with Jessica before she left, but he then sat back in his chair, smiled, and told the officers that his whole story was a lie and that they had no idea of the truth. When accused of complicity, Myers made what Detective Sergeant Barnes classified as `weak denials.' 9 RP (Oct. 21, 2004) at 1434.
Meanwhile, the police also re-interviewed Baber. After receiving his Miranda2 warnings, he confessed to Jessica's murder. He told the police that Jessica had voluntarily participated and that he and Jessica were trying to fake her death to avoid a Federation hit. According to Baber, he was going to strangle her, give her a potion that would stop her heart, and then give her another concoction to restart her heart. Initially, he and Jessica tried to use zip ties, but the zip ties broke. So they drove around looking for more zip ties and eventually purchased the bungee cord. Baber then strangled Jessica at her insistence.
Baber's initial confession also implicated others. Baber said that Myers was involved in planning the murder, though not the actual murder. But this portion of the confession was redacted for trial. In addition, after Jessica's death, Baber told police that Myers put Baber on the phone with Benton. According to Baber, Benton then asked if `it was done' and if he was sure it was done, and Baber replied `yeah.' 8 RP (Oct. 20, 2004) at 1363. Myers's name was redacted out of...
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