A man who was convicted of killing his girlfriend in 1997 may get a new trial, according to the 9th Circuit Solicitor’s Office.
Circuit Judge Markley Dennis Tuesday issued an order Tuesday granting Wesley Max Myers a new trial based on several grounds, but the Solicitor’s Office is urging the Attorney General’s Office to appeal the order.
Solicitor Scarlett Wilson declined to comment.
Myers was found guilty in 2001 of the beating death of Teresa Haught, 36, at the Mill Inn on Montague Avenue, where she worked. The club then was set on fire.
His conviction was upheld on appeal in 2004. Myers is serving a term of 30 years for murder and 10 years for arson.
Myers contends he is entitled to a new trial based on several grounds, including violations of his constitutional right to be present at all relevant stages of his trial and the right to effective counsel, according to the order.
Myers did not attend at least five hearings that were held with four jurors individually during the trial, among several other off-the-record conference and hearings. In one instance, when the jury foreperson wrote a note to the judge that the jury could not reach a verdict, she was called into the judge’s office and told to keep deliberating, according to the order.