Defense Moves to Disqualify Judge

An arraignment for accused killer Justin Merriman on five new charges was postponed Tuesday after defense lawyers moved to disqualify the judge assigned to the case based on his friendship with a district attorney investigator.

Superior Court Judge Donald Coleman, a former prosecutor, previously warned lawyers of his connection to the case. He is expected to file a written response in the next 10 days.

“We’re not saying he’s not fair; it’s the appearance of unfairness,” said defense attorney Willard Wiksell. “Personally, I think he’d call it the way he’d call it.”

Wiksell’s motion to disqualify Coleman was the latest twist in Merriman’s murder case.

The 26-year-old Ventura gang member was indicted on murder charges in January for the 1992 slaying of college student Katrina Montgomery. He pleaded not guilty, and a trial is scheduled to begin next January.

Prosecutors recently went back to the grand jury after learning that Merriman was allegedly trying to threaten witnesses from the county jail, where he is being held without bail.

On Friday, the grand jury handed down a felony indictment alleging that the defendant has threatened witnesses for the past five months.

Merriman faces three counts of witness intimidation, plus charges of conspiracy and solicitation to persuade witnesses not to testify against him, according to prosecutors.

The arraignment on the new charges was set for Tuesday afternoon but was sent to another judge after the defense filed its motion to disqualify Coleman. Wiksell then asked for a continuance, and the hearing was rescheduled for July 13.