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Convicted railroad spike murderer argues for new trial

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XENIA — A death row inmate convicted of killing a teenager in 1993 began making a case for a new trial Monday.

David Lee Myers was convicted and sentenced to death in 1996 for the much-publicized railroad spike death of Amanda Jo Maher near some abandoned railroad tracks in Xenia. In February, his attorneys filed a motion in Greene County Common Pleas Court to vacate his death sentence and receive a new trial based on newly discovered DNA evidence they said proves his innocence.

Complicated DNA testing results and the history of DNA itself took center stage Monday as forensic DNA expert Meghan Clement testified for the defense. Chief Trial Counsel Charles W. “Bill” Morrison represented the State of Ohio.

The amplification process of DNA, as well as interpretation and comparison guidelines concerning bodily evidence were discussed by the DNA expert who claimed that five out of six test locations did not match Myers’ DNA profile.

Last week, Myers’ defense team filed a motion for clarification regarding the defendant’s appearance at the July 15 hearing. Myers requested that the court enter an order authorizing him to appear in civilian clothes at the hearing and to wear an electronic cuff on his leg — not handcuffs — while he is present at the counsel table in the courtroom.

At a May 30 status conference with Sheriff Scott Anger, the defendants request to wear civilian clothes and whether he would be cuffed and shackled was discussed. According to court documents, the parties gathered again on July 8. The sheriff expressed his desire — after speaking with his staff — that the defendant wear handcuffs for the duration of the hearing(s).

“This is not a jury trial or a sentencing hearing,” Prosecutor David Hayes said. “The defendant is, at this moment in time, a convicted murderer who has been sentenced to death. He does not enjoy the presumption of innocence and as such, there is no danger of prejudice.”

Myers has maintained his innocence for decades while the Greene County Prosecutor’s Office has opposed myriad motions by Myers since he first asked for a new trial.

“The jury got it right in 1996,” Hayes told this newspaper. “In my view, the evidence of David Lee Myers guilt is overwhelming. The Greene County Prosecutor’s Office is committed to defending the conviction and seeing that Myers pays the ultimate price for this vicious murder. We believe that the facts and the law are on our side, and we believe that the visiting judge hearing the case will see it the same way.”

There is no set date when Visiting Judge Jonathan P. Hein may rule on a new trial but he did order Myers to be “immediately returned” to Ross Correctional Institution after the hearing is concluded.

Reach the reporters at 937-372-4444.