Court denies appeal for Michelle Theer


A federal court denied Michelle Theer's request for an appeal Wednesday. In her appeal, she claimed her constitutional rights had been violated during her trial.

The 41-year-old was convicted in December 2004 of first-degree murder and conspiracy to commit murder. She is currently serving her sentence in the state women's prison in Raleigh.

Theer's husband, Air Force Capt. Marty Theer was shot and killed in December 2000. Army Staff Sgt. John Diamond was convicted of the murder and is serving a life sentence in a military prison.

Theer maintains her innocence. On her website, she says she was wrongfully convicted, set up by her former lover, and asks visitors to keep an open mind as they read her side of the story.

In May, Theer was placed in disciplinary segregation for 45 days after staff at the Women's Correctional Institute intercepted mail that led them to believe she may have been trying to plan an escape.

The item, according to a Department of Correction spokesperson, was a map of the prison Theer drew herself and was trying to mail, possibly to coordinate an escape.

The Department of Correction would not say who Theer was in contact with, but the person likely won't face any charges at this point since Theer didn't receive the mail.

The warden said Theer did not physically try to escape, but may have been planning to.

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