Consider This:

 

Myth #1 - Michelle not taking the stand in her defense had no outcome on the verdict.

Fact:  Michelle wanted to testify from the very beginning, but was not allowed to do so by her court appointed attorney.  Here is what one of the jurors, Salmon Abrego had to say: "it may have been different (i.e. the guilty verdict) if they could have heard from Theer.  "If she didn't do it she needed to say something about it. Plain and simple." From News 14 Carolina (12-14-2004)

Other Comments:  From Bill Kirby Jr. of The Fayetteville Observer (December 13, 2005  Fayetteville On-Line): 

"The truth is, Michelle Theer should have been speaking out in her defense in the courtroom." 

"Jurors are people." 

"They want to hear the evidence.  And they want to hear, too, from the accused."

"Evidently, Michelle Theers' lawyers did not weigh heavily enough the human side of what her testimony could have meant."

 

Myth #2 - Michelle conspired to have Marty killed for his $500,000 insurance policy.

Fact:  The mere existence of a life insurance policy is hardly proof of motive for murder.  Both of the Theer's had equal amounts of life insurance that was shopped for and purchased by Marty two years previously.  The amount was recommended by the insurance company as appropriate for their age, long-term goals and income level.  Furthermore, unlike money motivated killings, Michelle did not secretly purchase additional insurance policies, she did not engage in excessive spending or acquire debt in the months prior to Marty's death, and she did not go on a spending spree after his death.

 

Myth #3 - Michelle called Diamond from the Fox & Hound the night of the murder to signal him that she and Marty were returning home.

Fact:  Michelle received a call from her mechanic on the way to the restaurant informing her she could not pick up her car that night after hours as had been scheduled.  When they arrived at the Fox & Hound, Michelle went into the restroom and tried to call John Diamond to see if he could give her a ride the next day.  When he didn't answer she didn't leave a message, because it would be awkward if he called back during dinner.  Although this is exactly what she told the police, they did not record in their notes when she said she called him.  Later, since it fit their theory, they said she called him when everyone was getting ready to leave the restaurant.  Diamond admitted he knew about the dinner, but the notion that anyone would need a "signal" is ridiculous.  Common sense would dictate a Sunday night dinner in another city is only going to last a couple of hours when everyone has to work the next day.  If you're leaving at 5:00 p.m., it's a 90 minute drive, and you have 2 hours for dinner, anyone can figure out on his own that the trip will be over around 10:00 p.m.

Phone records never logged the time of this call and it's a shame they did not.  The police repeatedly lied and told the press they had a record to prove when she made the call.  That nonexistent record seems to have convicted her.  Maybe a record of a 6:30 p.m. call would have acquitted her. 

 

Myth #4 - Michelle underwent plastic surgery to alter her appearance.

Fact:  Believe your own eyes.  Take a look at the pictures in the photo gallery.  This accusation was a vicious attack made to make Michelle look guilty.  She had laser resurfacing done the day of her arrest and the pictures made for juicy media when paired with the claim she was changing her identity.

In an Affidavit sworn by Dr. Peter Simon and entered as evidence during the trial, he stated:

"The minor plastic, reconstructive and dermatological procedures that I performed on the patient were not performed to alter the physical appearance of the patient, but rather were performed to enhance the patient's appearance.  The patient at no time requested me to perform any procedure that would change her appearance."