Bombing Suspects Back In Court Four Idaho Men Arraigned Separately; May Take Active Role In Their Defense

Four North Idaho men accused of domestic terrorism in the Spokane Valley suggested Thursday they may take active roles defending themselves at a trial set for June 2.

It will be the second trial for Charles H. Barbee, 45, Robert S. Berry, 43, and Verne Jay Merrell, 51, all of Sandpoint.

Their first trial ended April 2 with convictions for conspiracy, car thefts and possession of hand grenades, and a mistrial on eight other charges involving bank robberies and bombings.

The fourth defendant, Brian E. Ratigan, 38, also of Sandpoint, was arrested midway through the first trial.

The four appeared separately Thursday before U.S. Magistrate Judge Lonnie Suko, who entered automatic not guilty pleas for each man.

Berry, Barbee and Merrell are accused of planting bombs and robbing Spokane Valley U.S. bank branch on April 1 and July 12 last year.

Ratigan is charged with conspiracy, bombing and bank robbery for only the July 12 incident.

Spokane attorney Aaron Lowe asked to withdraw as Merrell’s attorney, and the judge granted that request.

Assistant U.S. Attorney Tom Rice said the prosecution will oppose any attempt to postpone the trial, including delays caused by the appointment of new attorneys.

Kevin Curtis, a former Spokane County assistant public defender, was appointed to represent Merrell.

“I object to you appointing anybody,” Merrell told the judge. “I’ll speak for myself.”

He also again expressed his white separatist religious views. “Yahweh is my defense,” Merrell said. “Yashua is my advocate.”

“So noted,” the judge said.

When Ratigan was arraigned, he also shouted religious references. He refused to waive the reading of charges against him, so the judge began the lengthy task of reading the indictment.

As he read details of threatening letters mailed after the bombings, the judge slightly misspoke and said “halleluja!”

“It’s hallelu-yah!,”’ Ratigan interrupted the judge.

“Thank you,” Suko responded.

Ratigan also told the court that he wants a separate trial from the other three defendants.

That question will be resolved later by U.S. District Judge Frem Nielsen.

When Berry was arraigned, the judge asked if he still wants attorney John Rodgers to provide his defense.

“No, I don’t, Berry responded. “Your honor, I intend to conduct my own defense. I have nothing further to say.”

Federal defender Roger Peven represented Barbee, who said he would accept Peven as a court-appointed attorney. Peven handled Barbee’s defense in the first trial.

“I’d like to be able to ask questions personally,” Barbee said.

He also asked the court where “special penalty assessment” fines of $50 or $100 are directed if he is convicted of certain crimes.

“What’s the money used for, is it a secret?” Barbee asked.

The judge said Barbee should direct that question to his attorney.

“There are secret things going on here,” Barbee responded. “This is a play to me.”

, DataTimes