Murder Suspect’s Mother Pleads Guilty to Conspiracy

One day after an emotional courtroom outburst, Beverlee Sue Merriman tearfully pleaded guilty Friday to two counts of conspiracy for helping her 27-year-old son intimidate witnesses in his pending murder case.

Merriman, 52, admitted that two years ago she arranged jail visits and last year mailed letters to help her son discourage witnesses from testifying.

Her reversal of an earlier not-guilty plea came a day after she broke down in the middle of her trial, wailing uncontrollably after reading a transcript in which her son, Justin Merriman, admits involvement in the 1992 slaying of 20-year-old Katrina Montgomery.

“I’m sorry, I’m so sorry,” she cried, turning toward the victim’s mother seated in the courtroom. “I didn’t know.”

Defense lawyers say Beverlee Sue Merriman refused to believe her son could be responsible for the rape and stabbing of Montgomery, whose body was found in a rural area of Sylmar, until she read his statements in the court document Thursday.

“She was awakening to the fact that her son may have actually done it,” defense attorney Richard Hanawalt said. “She became virtually uncontrollable. She kept saying, ‘I didn’t believe it, I didn’t believe it.’ ”

The transcript chronicles a tape-recorded conversation between Justin Merriman and informant Larry Nicassio on Dec. 9, 1998, at the Ventura County Jail.

Nicassio told authorities he witnessed the slaying. On the tape, prosecutors say, Justin Merriman threatens Nicassio, a skinhead gang member from the San Fernando Valley, to keep quiet and remarks that authorities have him trapped. “I’m done on this case,” says Merriman, also a skinhead gang member, “but I don’t want my mom to get in trouble.”

Prosecutors sought to admit the tape-recorded statements late Thursday afternoon as they prepared to wrap up their conspiracy and perjury case against Beverlee Sue Merriman.

Defense attorneys objected and a hearing was held outside the presence of the jury. As the lawyers litigated the matter, Beverlee Sue Merriman reviewed the transcript and broke into tears, lawyers said.

“I guess that was the first time she looked at the transcript,” Deputy Dist. Atty. Ron Bamieh said. “She broke down and started crying and was very emotional in court--to the point we had to cancel the proceedings for the day.”

On Friday morning, the defendant returned to court and her lawyers indicated she wanted to change her plea.

Fighting tears, Beverlee Sue Merriman pleaded guilty to conspiring with her son to induce false testimony from witnesses. She also pleaded guilty to conspiring to discourage witnesses from testifying, admitting she arranged jail visits so her son and Nicassio would be in the visiting room at the same time. Prosecutors say this gave Justin Merriman an opportunity to threaten Nicassio.

The perjury charge is expected to be dismissed at sentencing, and allegations that Beverlee Sue Merriman conspired with her son to benefit his white supremacist gang are also expected to be dismissed.

After accepting the woman’s guilty plea, Judge James P. Cloninger called the jurors back into court and excused them. The defendant was not present.

She faces up to six years in state prison when sentenced May 25. Defense attorneys, however, plan to push for probation.

They argue Beverlee Sue Merriman has no criminal record and unwittingly became involved in her son’s conspiracy because she was naive. They also contend she did not know the letters she had mailed on her son’s behalf contained instructions for gang members to harm witnesses.

Hanawalt said his client pleaded guilty to bring an end to the case, and said he hopes the judge will recognize Beverlee Sue Merriman’s actions were clouded by a mother’s love for her son.

“This lady genuinely has been in denial,” Hanawalt said.

Bamieh, however, said he will seek a prison sentence, arguing that Beverlee Sue Merriman knew what she was doing when she helped her son.

Bamieh said he was not surprised the Ventura bookkeeper pleaded guilty, maintaining the evidence against her was strong. Bamieh said he spoke to several jurors after they were excused from the case Friday. The jurors told him, Bamieh said, they would have found her guilty on the two conspiracy counts.

Prosecutors will now focus their attention on the murder trial of Justin Merriman, scheduled to begin Sept. 11. The district attorney plans to seek the death penalty.

Justin Merriman is facing 30 criminal charges, including rape, conspiracy and assault. Bamieh said the defendant’s mother probably won’t be called as a witness.

“I’m inclined not to,” the prosecutor said. “I don’t see the need to call the mother of a defendant who is facing the death penalty unless there is some serious evidentiary value.”

Bamieh says his case against Justin Merriman is solid without the mother’s testimony.

One of the key witnesses in that case will be Nicassio, 23. He told authorities he saw Justin Merriman stab and beat Montgomery with a heavy wrench before slitting her throat eight years ago. He said the three of them, and another skinhead gang member, went to the Merriman home after attending a party in Oxnard.

Nicassio later wore a listening device to help the prosecution build its case against Justin Merriman.

Hanawalt, who represented Beverlee Sue Merriman with lawyer Tamara Green, said his client began to question her son’s involvement when Nicassio testified during her trial in mid-March.

A tearful Nicassio told jurors Justin Merriman killed Montgomery to keep her from telling anyone about his sexually assaulting her.

“She just didn’t want to believe it,” Hanawalt said of Beverlee Sue Merriman. “And when she was confronted with the transcript, she realized Larry just might be telling the truth.”