Merriman Jury Can Consider Other Evidence

A Ventura County judge ruled Friday that jurors hearing the penalty phase for convicted murderer Justin Merriman can consider evidence of a dozen uncharged crimes allegedly committed by the white supremacist.

Superior Court Judge Vincent J. O’Neill Jr. will also allow jurors to view a dagger-like knife taken from Merriman, 28, during an arrest several years ago and to consider evidence of his conduct in jail while awaiting trial.

Merriman has been cited numerous times since his 1998 arrest for breaking jail policies, including one incident in which he was caught hoarding razor blades in his cell. Prosecutors suspect he planned to make weapons, but defense attorneys say he just wanted a clean shave.

The rulings were announced Friday, a day after O’Neill heard arguments on what evidence lawyers plan to present during the penalty phase.

On Feb. 13, Merriman was found guilty of first-degree murder with a special finding that he raped college student Katrina Montgomery before cutting her throat. The same jury must now decide whether Merriman should be executed or sentenced to life in prison without parole.

In reaching their decision, jurors are allowed to consider evidence of prior felony convictions and other acts of violence allegedly committed by the defendant. Merriman’s defense lawyers fought to limit such testimony, arguing this week that several alleged crimes cannot be proven and would only bias the jury.

O’Neill disagreed but did grant a defense request to limit so-called “victim impact” testimony from Montgomery’s friends and family.

Prosecutors wanted to call seven witnesses to testify about their loss.

But defense attorneys requested that no more than five witnesses speak, fearing jurors would be unduly swayed by too much emotional testimony.