MD - Sex Offending Catholic School Teacher Being Released From Prison On Technicality

[Filly]

John Merzbacher reigned terror over Catholic school kids in the 1970's including holding a gun to one girl's head.

Merzbacher has done 15 years in prison but due to some technicality with his previous lawyer the guy could be out very soon.

One victim Liz Murphy spoke out a year ago saying she understood he could get out of prison. Her question was "Who will clean up the body of the child he murders?"


http://www.wbaltv.com/news/24457196/detail.html




He had two life sentences this guy.




http://articles.baltimoresun.com/20...erzbacher-elizabeth-ann-murphy-child-molester

 

[Filly]

This is like a horror movie. A Blogger took an article from Philly's Inquirer from 1994 and posted it.

Ten students came forward. Someone from the Inquirer interviewed former students who all agreed this is true. The guy had a gun and constantly threatened them. He was the cool teacher who if you were in his favorites you got to go to the strip club his mom owned and then later shoot his gun at Stop Signs. If you were timid you got sodomized and raped.

One victim who was interviewed broke my heart. This monster took him to the strip bar after the school play. Of course nutter ran the play. After the strip club he took this poor kid back to the school and raped him. To this day the color of the sun going down dredges up that memory. Unfortunately I know too well how certain smells, colors effect you even 40 some years later.

Monster quit teaching and became a Union man. His attorney is now deceased and thus the whole "get me outta jail free card" crapolla came about. There's an interesting comment at the Blog from a woman that was one of his students. She recants suicides, alcohol and substance abuse amongst these poor people that suffered at the hands of this creep.


http://iamessexman.blogspot.com/

 

[Belinda]

So, what will this judge have to say when Merzbacher reoffends? Not much, you can be sure. There always seems to be a loophole. It is outrageous that they are going to let this man out into society. I am so very tired of the loopholes. I feel so very sorry for his victims. Their rage must be absolute.

 

[Filly]

Warning this may be a trigger for some. Also there's explicit language.

Victims testimony.





http://www.employee-leasing.org/Employee_Leasing_CaseLawDetail56863/Page11.htm

 

[Belinda]

Dear God. And they are going to let him out? His victims must be absolutely terrified that he will make good on his threats. Who is going to protect them? This is insane.

 

[Vabrownid1]

IMO... They should hold the Judge responsible when these Offenders are released and then offend again; meaning the Offender goes back to prison and the Judge does too!

 

[Filly]

Dear God. And they are going to let him out? His victims must be absolutely terrified that he will make good on his threats. Who is going to protect them? This is insane.

They very well could let him out, B. They get 60 days to offer him a plea. I have no idea how that works.

He's going on the summation that the now deceased lawyer didn't tell him about a plea before the first trial. I don't know, but he seems like the kind of guy that would advocate for himself. I'm sure he knew. Meanwhile this poor Liz Murphy says he'll get her no matter what age she is. That's her fear.


http://wjz.com/local/john.merzbacher.2.1834607.html#addComments

 

[Belinda]

As you know, this is my neck of the woods and I am not a happy camper. I'm tired of the courts bending over backwards to release violent, dangerous predators. I can't even start to imagine how horrified his victims are. Can you imagine the fear they will live in if he is released? That is wrong on so many levels. This is a violent man who likes to threaten people with guns so he can abuse them and they are going to let him out. I can't even absorb such utter stupidity. I wonder if there is anything I can do personally to help here. I just feel so sorry for these people. They have to be terrified and I don't blame them. I also wonder if someone is going to take him out if they let him go. Not that I'm advocating that, but I wonder just how afraid his victims are and if one of them will crack under the pressure of him being released? They were clearly afraid for their lives and the lives of their families back then. I sincerely doubt that fear has lessened any. Maybe I could write a letter to the judge. Not that it would do any good, but you never know. If the judge is hell bent on letting him go, that is what he is going to do. Okay, now I'm starting to babble. This really upsets me.

 

[Belinda]

How's this for a plea? Life, no parole. Until he dies and can't hurt anyone else.

 

[Salem]

Here is the 72-page Memorandum Opinion from the Judge: http://www.wbaltv.com/download/2010/0730/24457149.pdf.

At this point, I am only on page 4 but what I am seeing is this:

1. SO was offered a plea that would have resulted in 10 years
2. His attorney may or may not have failed to tell him about it (I don't believe this)
3. SO may be given the opportunity to accept the plea at this late date
4. First, SO must find a Judge that is willing to offer the plea (I hope, oh how I hope that there is NO such Judge available and that any future plea that may be offered to this SO is that he serve 1 life sentence.)
5. I'm not sure if a new judge can change the terms of the plea - but it sounds like it may be possible.

Again, I'm only on page 4.

Salem

Snip~ "As explained within, however, before Merzbacher gains full relief, a judge of
the circuit court must express a willingness to carry out the undertaking of his or her former
colleague who bound himself, but perhaps not the court as a whole, to impose a sentence of
ten years incarceration should Merzbacher elect to plead guilty pursuant to a fully negotiated
plea agreement."

From the link - my emphasis!

 

[Salem]

And from page 72 - the conclusion http://www.wbaltv.com/download/2010/0730/24457149.pdf:

"Accordingly, the court will enter an order directing the State
of Maryland to return this prosecution to the status quo ante within 60 days. That is to say,
the state shall afford Merzbacher an opportunity to accept its prior offer of a plea agreement.
Before Merzbacher gains full relief, a judge of the Circuit Court for Baltimore City must
express his or her willingness to carry out the undertaking of his or her former colleague,
who bound himself, but perhaps not the court as a whole, to impose a sentence of ten years
incarceration should Merzbacher elect to plead guilty."

The state had 60 days to reoffer the plea - but a Circuit Court judge must be willing to offer the plea. Hopefully - there will NEVER be a judge that is willing.

Salem

DISCLAIMER: I did not read every word of the document, cuz I don't have time but I think this is the gist of it, maybe not so bad afterall.

 

[Nova]

As you know, this is my neck of the woods and I am not a happy camper. I'm tired of the courts bending over backwards to release violent, dangerous predators. I can't even start to imagine how horrified his victims are. Can you imagine the fear they will live in if he is released? That is wrong on so many levels. This is a violent man who likes to threaten people with guns so he can abuse them and they are going to let him out. I can't even absorb such utter stupidity. I wonder if there is anything I can do personally to help here. I just feel so sorry for these people. They have to be terrified and I don't blame them. I also wonder if someone is going to take him out if they let him go. Not that I'm advocating that, but I wonder just how afraid his victims are and if one of them will crack under the pressure of him being released? They were clearly afraid for their lives and the lives of their families back then. I sincerely doubt that fear has lessened any. Maybe I could write a letter to the judge. Not that it would do any good, but you never know. If the judge is hell bent on letting him go, that is what he is going to do. Okay, now I'm starting to babble. This really upsets me.

You're not babbling and I don't blame you for being upset.

But I doubt the judge is "hell-bent on letting him go." Judges aren't absolute monarchs. They are sworn to uphold the law as they understand it, whether or not their decision is popular.

So if we're angry (and why wouldn't we be?), let's blame a lazy prosecutor who offered the perp a 10-year plea in the first place. (Though to be fair here, too, I don't know the state of the evidence back then; perhaps there was a reason the D.A. didn't want to go to trial.)

Finally, release on a "technicality" is a convenient plot device in many a movie, book and TV show. That doesn't mean it actually happens often in real life. On the contrary, judges tend to bend over backward to avoid releasing violent felons and states have begun to employ extra-judicial methods (such as "civil commitment" for sex offenders) to keep convicts locked up indefinitely.

 

[Belinda]

Thanks Nova. I know, logically, that you are right. It just makes me insane when I hear things like this. I keep imagining if I were one of his victims, how I would feel. I hate that there is even a chance this man will be let go and the horrendous fear it would cause his victims. I will just keep the faith that they will hold on to him unless I hear otherwise.

 

[Filly]

As you know, this is my neck of the woods and I am not a happy camper. I'm tired of the courts bending over backwards to release violent, dangerous predators. I can't even start to imagine how horrified his victims are. Can you imagine the fear they will live in if he is released? That is wrong on so many levels. This is a violent man who likes to threaten people with guns so he can abuse them and they are going to let him out. I can't even absorb such utter stupidity. I wonder if there is anything I can do personally to help here. I just feel so sorry for these people. They have to be terrified and I don't blame them. I also wonder if someone is going to take him out if they let him go. Not that I'm advocating that, but I wonder just how afraid his victims are and if one of them will crack under the pressure of him being released? They were clearly afraid for their lives and the lives of their families back then. I sincerely doubt that fear has lessened any. Maybe I could write a letter to the judge. Not that it would do any good, but you never know. If the judge is hell bent on letting him go, that is what he is going to do. Okay, now I'm starting to babble. This really upsets me.

You never babble. On the contrary. You always offer us excellent information.

If I had a gun to my head and was attacked just once by this lunatic no doubt I'd be terrified they were possibly letting him out. It wouldn't matter if it was a year later or twenty years later.

He was locked up while some of his victims aren't with us anymore directly because of this sociopath. He was locked up while these people suffered through addiction and mental health problems. Your entire life and the lives of our families and friends get dictated because of our offenders. He just was locked up. Living. I can't imagine trying to hang on worrying he's getting out.