Fbi Says Jeans Are Pair Worn In Robbery Prosecution Wraps Up Case Against White Separatists

Prosecutors used splotches on the hem of a pair of blue jeans to sew up their case against three men accused of the Spokane Valley bombings and robberies.

An FBI expert testified Tuesday that a bank robber captured by a video-surveillance camera last April wore a pair of J.C. Penney jeans seized from Charles Barbee’s home near Sandpoint after his arrest.

Fade marks and dark spots on the hem of the robber’s pants are identical to those found on Barbee’s jeans, said Richard W. Vorder-Bruegge, who works in the FBI laboratory’s special photography unit.

Prosecutors rested their case late Tuesday against Barbee, 45; Verne Jay Merrell, 51; and Robert S. Berry, 42.

The white separatists are accused of bombing a Spokesman-Review office minutes before bombing and robbing a U.S. Bank branch on April 1. Prosecutors contend the same men bombed a Planned Parenthood clinic on July 12, then robbed the same bank.

During 11 days of testimony in the domestic terrorism trial, three assistant U.S. attorneys called 81 witnesses and referred to about 500 exhibits.

Defense attorney John Rodgers, representing Berry, admitted the prosecution’s case sounds strong, but added: “It always looks good at this point.”

The case relies heavily on circumstantial evidence, Rodgers said.

U.S. District Judge Frem Nielsen recessed the trial until Monday, when the defense is to start its case.

In his testimony Tuesday, Vorder-Bruegge compared new blue jeans to Cadillacs. Cars come off the assembly looking virtually identical, but they rust, scratch and fade in distinctly different ways after a few years.

Likewise, “blue jeans develop unique characteristics through normal wear and tear,” the witness said.

Vorder-Bruegge said he studied the robber’s jeans by enlarging surveillance photographs. He compared his findings to 21 pairs of jeans seized after the defendants were arrested last October.

Markings on Barbee’s pair of 34-waist, 30-inseam jeans made Vorder-Bruegge “100 percent certain” they were the pair worn during the April 1 robbery.

He also testified that the robber wearing the jeans was about 5 feet, 6-1/2 inches tall - even though the robber was wearing a hooded mask.

Barbee is 5 feet, 6-5/8 inches tall.

During cross-examination, defense attorney Roger Peven donned a baseball cap to demonstrate how it increased his own height. He pointed out the robbers were thought to have worn hats under their masks to appear taller.

Vorder-Bruegge maintained his height estimate was accurate to within an inch.

Peven also introduced another pair of jeans, pointing out they were worn in similar - though not identical - places. He used Vorder-Bruegge’s car analogy to suggest jeans aren’t unique.

“If all 1956 Chevys rust around the headlights, me finding one with rust around the headlights might not be that significant, right?” Peven asked.

But the expert, using his own pointer to refer to the surveillance photos, couldn’t be shaken.

“Only if you could show me another pair of pants with exactly the same wear pattern would I be convinced,” Vorder-Bruegge said.

Peven also pointed out a slight tear in Barbee’s pants that couldn’t be seen on surveillance footage.

Vorder-Bruegge said that could have happened after the robbery and before the jeans were seized.

Barbee, Berry and Merrell are each charged with 12 felonies and face mandatory life sentences and up to $3 million in fines if convicted.

During the prosecution’s case, several witnesses claimed to have spotted Merrell at the scene of the crimes, and FBI agents seized notes from his computer that were virtually the same as notes left by bombers April 1.

Testimony also revealed Berry owned two weapons - including a rare Italian shotgun - authorities believe were used in the crimes. Experts testified that buckshot found in his home came from the same place as buckshot used during the July 12 bombing.

The men were arrested in stolen vans carrying illegal hand grenades.

Defense attorneys say their case should take a week. They expect to call back the government’s key witness - military surplus dealer-turned-informant Christopher Davidson - who they contend was involved in the crimes.

At least one of the suspects - Barbee - is expected to testify.

, DataTimes ILLUSTRATION: Photo