John Bayerl

Much like the last blog I posted about I am torn about this case also, just for different reasons. In the last case there was no question as to the perpetrators guilt and whether they deserved to be punished. My issue in that case centered around the age of the perpetrator and whether he deserved to have a chance to be out of prison. This case is different. This is a “no body” case that was not “solved” for forty years. I cannot say that I necessarily believe that John Bayerl is innocent but I do agree with the defense that the evidence for a conviction, despite getting one, was not there.

Dona Bayerl was last seen on May 6, 1979. She lived in Muskego Wisconsin with her husband John and their two daughters, Jackie and Jodie who were four and seven back in 1979. John did not report her missing for three days. It was said that John kept changing his story as to what happened on that night but I must be fair in saying that nothing seemed to be clear about what those stories were and if they were actually changes or elaborations. Some could say there is not a difference but I do not believe that can be said without knowing the facts.

It does appear that John stated to officers that Dona had left the home in her car after the two had an argument. On The Charlie Project website it went on to state that John stated he stayed up for a while but went to bed about 10:20. The site claims that John stated he was awakened by the sound of a car pulling into the garage and then he heard someone walking around in the house. He then stated that he heard a car turn around in the gravel lot across the street and drive away. He waited a while and went downstairs. He found the garage door open and Dona's car inside. The only thing I found that he stated that she had taken was $200 in cash.

It was said that there was blood splatter found in the garage at the time of Dona's disappearance, however, I am uncertain as to the certainty of this. I say this because it does not appear that this was ever tested or used at his trial in 2019. It was said that a bottle from the home had been taken, apparently at the time of her disappearance and it was “re-tested” in 2018. A DNA test was done and it matched Dona's DNA profile but the crime lab could not confirm if it was blood or not. It was not stated where the bottle had come from or when it had been retrieved from the home.

Three months after Dona disappeared John filed for divorce. At some point he gave custody of his daughter to Dona's parents but it was said that he asked them to sign a statement saying that they did not think he would have killed her before he would give them custody. By February of 2019,when authorities arrested John, he was living in Ft. Myers Florida.

I am a bit disturbed that within four months of his arrest John was on trial. Prosecutors would say that John had a history of abuse but it was unclear where that information had been obtained. Again, they mentioned his “changing” story about the night Dona disappeared but found nothing specific in that area. It is not clear whether witnesses testified to the following but my research stated that Dona had allegedly told friends that she “feared for her life.” It was also alleged that he “washed rugs after she disappeared” but again there seemed to be nothing specific on timeline or alleged reasons.

It was said that one of the key pieces of evidence was a conversation that was recorded by his youngest daughter, Jackie in 2009. In the conversation he was to have said, “something happened” “I'm sure that her heart's not beating because if it was, she would have found her way back, whatever. You know what I mean? I don't think that she's alive.” Now I have to say personally that quote of the conversation, which is the only one that I found, means nothing to me. At that point Dona had been gone for thirty years. I think the statement made by John could have been made by anyone. In fact, I would allege that many people were likely saying the same thing, even those who believed he was involved. If someone is gone for thirty years and no one has heard from them, it is probably a safe bet to believe they are no longer living. My research said that the “final witnesses for the prosecution focused on the forensic evidence and John Bayerl's statements to law enforcement.” I found that interesting since the only things I saw on “forensics” was the allegation that there was blood splatter in the garage at the time of her disappearance but nothing saying that it was tested ever in any way or even if it was for certain blood, and the “possible blood recovered on a bottle” that I mentioned earlier.

The defense was apparently confident that the state did not have enough evidence to prove “beyond a reasonable doubt” that John Bayerl had committed a murder. They did not present any witnesses, or basically a defense at all. Based on the information I found about this case it feels as if that may have been the correct route, or at least one would have thought so.

On June 26, 2019, after five hours of deliberations the jury returned with a verdict of guilty of murder in the first degree against the now seventy-nine year old John Bayerl. On August 30, 2019 he was sentenced to life in prison as well as over $7,000 in restitution that included paying for witness expenses and travel expenses for his two daughters to attend the sentencing. He was also ordered to have no contact with his daughters.

It was said that his daughters absolutely believe that John was guilty of murdering their mother. However, it is unclear exactly what they contributed other than the previously mentioned phone call. They were four and seven at the time their mother disappeared and then apparently were raised by their mother's parents. The older daughter may have remembered some things from her mother and maybe even that night but I did not hear anything that she may have testified to. Seeing as they were raised by their grandparents it does not surprise me that they believe John murdered their mother, they had probably been told that all of their lives because it is likely that is what their grandparents believed.

I am not going to sit here and tell you that John Bayerl did not murder his wife. In fact, the odds are that he likely did so. We see case after case where a wife “disappears” after an argument or allegedly just walked out the door for “no reason” that the husband can explain only to find their bodies later and find the husband was indeed responsible. While researching this case I kept thinking of the case of Lyle Keidel who murdered his wife, Dianne in 1966, buried her in the backyard and then poured a concrete porch on top of her body. It took nearly thirty years, much like this one, to bring Lyle to justice for not just this but other things he had done. But, the difference here was there was evidence against him, and a body was found. The key witness against him was his daughter who had been five at the time of her mother's murder. But, authorities did not go on her word only of what she believed she remembered, they investigated her story and found Dianne Keidel. They even did forensics to determine how long she had been buried based on the fact that a tree root had grown through her body after her burial. But, that was not the case here.

I simply fear this case can cause a slippery slope. When we start convicting people not on evidence but on feelings and beliefs we are doing everyone a disservice. A husband can be unfaithful and a bad husband and even bad father … I mean who just hands their children over??... but that does not mean they are a murderer. A husband can be physically and emotionally abusive, not that I recommend it, but it does not necessarily mean they are a murderer. We must insist that murder be proven, not by the acts of others who have attempted the same “tactics” but by facts, proof and science. Just the other day I did a blog about a man who was charged in the murder of his wife, Paul Dunn. He was indicted and taken to trial. Instead of law enforcement and prosecutors proving him guilty, his defense had to prove him innocent and they did so with facts, proof and science. It has even been alleged and speculated that his wife committed her suicide in a way that would in fact put him in the position that he was, fighting for his freedom. Now, again, I am not saying that is the case here when it comes to Dona Bayerl, but we need proof.