Judge: Prosecutors Can Use Computer Evidence In Theer Case
Posted July 21, 2004
FAYETTEVILLE, N.C. — Michelle Theer came to court Wednesday looking to overcome a few hurdles. Her lawyers wanted the judge to keep out certain evidence in her upcoming murder trial, but he refused.
Theer is charged with killing her husband, Air Force Capt. Marty Theer in 2000. Prosecutors claim Theer left all sorts of evidence on her computer, including proof she was searching eBay for body bags and had incriminating conversations with her lover, former soldier John Diamond.
Diamond is now serving a life sentence for Marty Theer's murder.
In the latest hearing, Theer's lawyer argued the computer files should not be allowed in court because they were seized illegally. The judge ruled in favor of prosecutors except for a group of files that the judge believed fell under attorney-client privilege and should be left out.