Judge Restricts Phone Calls by Accused Killer

A Superior Court judge on Monday ordered phone privileges cut off for accused killer Justin Merriman after prosecutors raised new concerns about his ability to contact witnesses from jail.

Deputy Dist. Atty. Ron Bamieh told Judge Vincent J. O’Neill Jr. that deputies have been unable to consistently supervise Merriman’s phone calls.

Three weeks ago, the defendant contacted a former skinhead gang member who has worked with authorities, Bamieh said. The gang member, who was not identified, reported the phone call to an investigator.

Under a previous court order, Merriman is prohibited from contacting gang members. Bamieh argued that the call shows a more restrictive order is needed to safeguard individuals connected to the case.

“Status quo was not the people’s request,” Bamieh said. “It never has been.”

The 26-year-old defendant was indicted in May on charges of using a network of skinhead gang members to try to threaten witnesses who have helped the prosecution build a case against him.

Merriman is also facing murder and related charges in connection with the 1992 slaying of Santa Monica College student Katrina Montgomery. He has pleaded not guilty, and a trial date is set for March.

Prosecutors say Merriman solicited help from six women, including his mother, to try to threaten grand jury witnesses who testified during proceedings that led to his murder indictment in January. Two women have since pleaded guilty to conspiracy charges after admitting that they agreed to help him.

Because Merriman allegedly circulated to these women the names of witnesses who needed to be “taken out,” prosecutors have sought restrictions on his ability to contact people through the mail or jail visits.

A judge issued a temporary order in May instructing deputies to monitor Merriman’s phone calls and visits. But prosecutors pushed for an even more restrictive order.

Defense attorney Philip Capritto said Monday it would be unfair to punish a defendant who, by law, remains innocent of these charges until proved guilty.

“He’s not a sentenced prisoner,” said Capritto, who only recently joined the defense team. Capritto asked the judge for more time to research the issue before making a ruling.

But O’Neill said the prosecution’s request for a tougher order has been languishing for weeks. He granted the request, cutting off all Merriman’s phone calls, except those to his lawyers. The calls must be dialed by a jail guard.

During the hearing, Merriman, clean-shaven and dressed in a jail blues, leaned over to his attorney and indicated that he wanted special permission to contact his elderly grandmother, who is ill.

O’Neill refused to modify the court order, but set a hearing for Sept. 17. Attorneys will return to court at that time to further discuss the issue.