Verdict relieves victim's mother - The Murder of USAF Captain Marty Theer

Linda Gettler says she had no doubt that jurors would convict Michelle Theer of killing Air Force Capt. Marty Theer, Gettler's only son.

Still, after 10 weeks of watching the trial, Gettler was tense when she watched the jurors come back into the courtroom to deliver their verdict Friday afternoon.

"I was shaking and half crying because you don't want to expect too much," she said in an interview Monday.

When jury foreman Rafael Garcia announced that Theer was guilty, Gettler felt relief. "Relief that it was finally over," she said.

The fourth anniversary of Capt. Theer's death is Dec. 17. Michelle Theer, his wife, was convicted of luring him to her office so her lover, John Diamond, could ambush and kill him.

Michelle Theer was sentenced to life in prison on the first-degree murder charge and given more than 13 additional years on a conspiracy charge. She is at the N.C. Correctional Institute for Women in Raleigh.

Diamond, who was an Army staff sergeant, was convicted of murder and conspiracy charges at a court-martial in 2001. He, too, is serving a life sentence.

Capt. Theer was 31 when he died. His grave is at the Air Force Academy Cemetery in Colorado Springs, Colo.

As any mother would, Gettler loved her son, she said, but "more than that, I liked him and respected him."

Gettler, who lives in Grand Junction, Colo., remembered how children in his neighborhood in Denver used to play ball and board games with him. The children asked after him when he went left home to attend the Air Force Academy.

"He was a very, very tender person. There wasn't a mean bone in his body," Gettler said. "He wouldn't have anything bad to say about anybody. I wish I could say the same."

Gettler attended most of the trial, skipping a few days in November when she had a cold that gave her a bad cough. She thought the cough would be distracting in the courtroom.

She said she had to hear everything, but she couldn't bear to see everything. She averted her eyes when the prosecution presented photos of Capt. Theer's body from the crime scene and autopsy and the blood-stained clothing that he wore that night.

"I was prepared for the photos because I knew it was coming," she said. "I wasn't prepared for the clothes. ... And that took me back for a moment."

During lunch breaks, she sought fresh air by walking around downtown Fayetteville. She kept busy on nights and weekends.

"I came prepared for the long haul. I did a lot of walking, brought a lot of books," she said.

She said that people were kind. Spectators attending the trial offered to take her in.

"Tell the citizens of Fayetteville that I'm so grateful to them for opening their hearts and their arms to me," Gettler said. "Their prayers and good wishes were a great deal of support."

Gettler had high praise for the Fayetteville Police Department and Cumberland County District Attorney's Office for their investigation and prosecution of the case. "They went a hundred miles per hour and gave more than a hundred percent," she said.

On Saturday, Diamond's lawyer said he is trying to appeal the case. He said Michelle Theer was the shooter and she lured Diamond to the murder scene to take the blame.

"I'm with Ed Grannis. His story doesn't match the facts," she said. "The truth of the matter is this was a coldly planned and executed murder, and the two people responsible are now behind bars."

Staff writer Paul Woolverton can be reached a woolvertonp@fayettevillenc.com or 486-3570.

TAPS

Listen to TAPS

Day is done, gone the sun, From the hills, from the lake, From the skies. All is well, safely rest, God is nigh.

Go to sleep,
peaceful sleep, May the soldier or sailor, God keep. On the land or the deep, Safe in sleep.

Love, good night, Must thou go, When the day, And the night Need thee so? All is well. Speedeth all To their rest.

Fades the light; And afar Goeth day, And the stars Shineth bright, Fare thee well; Day has gone, Night is on.

Thanks and praise, For our days, 'Neath the sun, Neath the stars, 'Neath the sky, As we go, This we know, God is nigh.

Note: there are no "official" words to Taps below are the most popular.)

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First of all, may CAPT Theer rest in peace.

Why the hell did it 4 years for this to come to trial. Wait a minute did it take that long for the Peterson trial to commence?

There is a special place in hell for the likes of his "wife!"

Thank goodness it is life and nothing short, no parole. That is a blessing, not having to attend the hearings to ensure his son's murderer does not get out.

America Supports You

I had spent some time looking up this fine young man. Here is how they remember him at the Air Force Acadamy.

On the night of 17 December 2000, Captain Marty Theer was taken from us in Fayetteville, North Carolina.Eleven days later, on a cold, clear day at the Academy we said goodbye as Marty was laid to rest with full military honors in his beloved home state.

During his years as a cadet, Marty was not a standout in the traditional sense. His grades were above average, but not such that would place him at the top of our class. While physically fit, he was not a flashy athlete. His military aptitude was also above average, but not such that he would find himself consistently named to the Commandant’s List.

But for the few of us who really knew him, Marty was truly a man among boys in his approach to living. While some of us readied ourselves to become officers and others just struggled to graduate, Marty prepared himself for life. He was never vindictive or acted out of anger, his treatment of the underclassmen was always fair and consistent – he was a textbook definition of the Golden Rule. Every day of the week he devoted himself to completing his homework so his weekends would be free to spend with his beloved Michelle. While his roommate suffered on two or three hours of sleep each night, Marty rarely failed to get his full eight hours and was much the wiser for it. He never let the stress of the Academy get to him, he just plodded on day-after-day until one day we woke up to find ourselves newly-minted Second Lieutenants. After graduation, he and Michelle were married in a beautiful June Week ceremony at the Cadet Chapel. In Michelle, Marty had the perfect match -- a true soulmate and life partner whom he dearly loved. Watching the two of them together reminded us all of the goodness of life.

Following pilot training at Vance AFB, Oklahoma, Marty was placed into the pilot bank.While many of us mourned his misfortune, Marty simply stood up, brushed himself off, and moved on, intent to make the best of his situation. Assigned to what was then Falcon AFB outside Colorado Springs, Marty put his Bachelor’s in space ops to work playing with satellites. Taking Master’s classes on the side, he earned an advanced degree in less than two years. Soon thereafter he was assigned to the 71 Rescue Squadron, first at Patrick AFB, Florida, and then at Moody AFB, Georgia. Despite their frequent and long-term separations -- Marty found himself spending more time deployed than he did at home while Michelle pursued her Master’s and then PhD in psychology -- they made the most of their time together. Scuba diving in the Caribbean, sport parachuting in Georgia, downhill skiing in the Rockies, and running an Alaskan summer marathon were just a few of the ways they lived their lives to the fullest. In 1999, Marty was assigned to the 2 Airlift Squadron at Pope AFB, North Carolina, while Michelle found an exciting position in a Fayetteville psychology practice. In their Christmas card that year, Marty commented that “Pope has provided a great change of pace for me and Michelle is happy with her new job. So, 2000 is looking good for both of us.”

Sadly, Marty would not live to see the new millenium. A former crewmember that had deployed and flown with Marty eulogized him by saying, “The officers are supposed to be our leaders. A leader must have the respect of his followers. He may obtain this by one of two ways: earning or demanding this respect. I tell you now that Capt Marty Theer earned the respect of the enlisted under him.” In the C-130 community, such words are the highest compliment a pilot can get from his enlisted crew.

For those of us close to him, part of us left this world when he left. Still, he left us all so much richer just for having him as a friend. Marty is gone, but we will never forget him. We love ya’ man -- just keep the light on for us. (Capt Kevin Quamme ‘91, Capt Toby Sernel ‘91, and Capt Chuck Tomko ‘91)

Last night after I posted this article it was brought to my attention that the Fayetteville article had links that went to pages that can be viewed only if you paid.

So I went off on a hunt, to see what there was out on the web about this case. It appears as usual they give tons of press when the event occurs and then nothing, and when it goes to trial and conviction, only a blimp.

It sure would be nice if the media is going to cover an event that when it finally goes to trial that they cover that as well. imho.

Plastic Surgeon: Theer Didn't Ask To Change Looks
FAYETTEVILLE, N.C. -- A plastic surgeon testified Wednesday that accused killer Michelle Theer never asked him to change her appearance so much that she couldn't be recognized.
In other evidence, an official of Ebay online auction service testified that Theer began selling her husband's belongings through the service in March 2001. Her account showed sales of Air Force flight suits and uniforms, computer software, computer games, videos and souvenirs of the Denver Broncos.

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Belongings reveal traces of Theer's life as a fugitive
Aug 11, 2002
By Michelle Washington

Her landlady, Cindy Geesey, packed about a dozen suitcases she found inside Theer's rooms at the Regal Apartments and carried them outside.

A pink bag held dog toys and leashes. Some of the cases looked hand-painted.

Months of running and traveling across the country ended here, outside a one-bedroom apartment just blocks from the ocean. When Theer was arrested by U.S. Marshals at her apartment on Monday, she left clothing, pets and traces of her life as a fugitive.

Marshals tracked Theer, who is 31, under a federal warrant charging her with fleeing to avoid prosecution.

She has been wanted in Cumberland County since May. She is charged with the December 2000 murder of her husband, Air Force Capt. Frank Marty Theer. She is accused of conspiring with her lover, Army Staff Sgt. John Diamond, to commit the crime.

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Aug 13, 2002
Theer waives extradition
By Michelle Washington
FORT LAUDERDALE, Fla. - Michelle Theer told a judge on Monday that she would waive extradition and return to North Carolina to face a murder charge. Theer sat with folded hands, nails painted pearly pink, and seemed calm for most of the hearing, even smiling occasionally. But she lashed out when a photographer snapped several pictures as she signed the extradition papers.

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'Quiet' Theer taken to jail
Aug 15, 2002
Michelle Washington

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District attorney plans to seek death for Theer
By Michelle Washington
Theer is being held in the female infirmary at the Cumberland County Jail, said Capt. Daryll Morin. Theer had a laser peel, a procedure used to remove wrinkles and scars from the face, the day she was arrested, U.S. Marshals said

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Overdue rent left trail to Theer
By Michelle Washington

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Gag order in Theer case
Superior Court Judge Jim Ammons imposed a gag order on prosecutors and defense lawyers in Michelle Theer's case onThursday.

The order came during a hearing in which prosecutors formally announced they would seek the death penalty against Theer. Theer, who is 31, was indicted May 21 in the December 2000 murder of her husband, Air Force Capt. Marty Theer.

Five days before the indictment, Theer had disappeared from her apartment in New Orleans. She was arrested in Florida on Aug. 5. She had cut her hair and dyed it blond. Law officers have said Theer had facial surgery.

Former Army Staff Sgt. John Diamond - Michelle Theer's lover - was convicted of murder and conspiracy in Marty Theer's death by a military jury in August 2001.

Kirk Osborn, a lawyer from Chapel Hill appointed to defend Theer, told Ammons he believed Theer was being "tried in the media."

"We'd like to have a gag order that neither side talk about the facts of the case," Osborn said. "There's so much misinformation that's totally untrue."

Oprah Winfrey calls

District Attorney Ed Grannis acknowledged that the case has received a lot of publicity, but he said he and other prosecutors often learned something new about the case by reading the newspaper. Grannis said he had "declined to return 10 phone calls from Oprah Winfrey on down" to reporters seeking information about the case.

Osborn also asked Ammons to prevent law enforcement officers from talking about the case, but Ammons said he had no authority to do so.

"I'd prefer not to enter any order I can't enforce," Ammons said.

Assistant District Attorney Buntie Russ told Ammons that prosecutors will seek the death penalty against Theer because the murder was committed for financial gain.

Russ said Theer had separated from her husband and was living with Diamond in the summer of 2000. Theer returned to her husband that fall to get some of the "substantial sum" Marty Theer would receive for reinlisting in the Air Force, Russ said.

Additionally, Marty Theer had taken out a life insurance policy worth hundreds of thousands of dollars, Russ said, and Michelle Theer was the beneficiary. Prosecutors in Diamond's trial said the insurance policy was worth $500,000.

The insurance company has not paid the claim, although Theer filed for compensation days after her husband's death, Russ said.

Russ said Theer received military benefits after Theer's death. During Diamond's trial, prosecutors asked Theer about the $45,000 the Air Force paid her after her husband's death.

Diamond sentence

Osborn questioned why Theer should face the death penalty when Diamond did not. Military prosecutors did not seek execution in his court- martial.

"John Diamond was the actual shooter and he never faced the death penalty," Osborn said.

Grannis said state prosecutors could try Diamond again in state court, where he could face the death penalty.

Ammons said prosecutors can seek the death penalty against Theer.

Osborn said he and Theer's other lawyer, public defender Matt Cockman, would "vigorously contest" the facts of the case. At one point, Ammons asked Osborn about Theer becoming a fugitive.

"We do have an answer for that, and it's not at all what's being portrayed by the district attorney, and, unfortunately, in the press," Osborn said. He told Ammons he would elaborate at Theer's trial.

Ammons set bond on Theer's conspiracy charge at $1 million cash. No bond has been set on the murder charge. Ammons said it is his practice to set bond for charges other than the murder charge, even in death-penalty cases.

Staff writer Michelle Washington can be reached at 323-4848, extension 372, or washingtonm@fayettevillenc.com

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Authorities Looking For Wife Of Slain Air Force Captain
4:51 p.m. EDT May 22, 2002

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Death penalty sought against Air Force captain's widow charged in murder
Aug. 16, 2002

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Michelle Theer Faces A Cumberland Co. Judge

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SERGEANT TO STAND TRIAL ON MURDER CHARGES
6/10/2001
FORT BRAGG -- Staff Sgt. John Diamond is scheduled for a military trial Aug. 20 on charges that he killed his alleged lover's husband, Air Force Capt. Marty Theer, last December.

The Army sergeant was arraigned in military court Friday and told reporters he was being railroaded for a crime he didn't commit.

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