Bombing Suspects Have Alibis Two Of Three Say They Were Elsewhere During Valley Bombings, Robberies

Two North Idaho men accused of bombings and bank robberies in Spokane intend to use alibi defenses when they stand trial later this month.

Robert S. Berry and Verne Jay Merrell filed legal paperwork on Friday, claiming that they couldn’t have committed the crimes because they were elsewhere and have witnesses to back their stories.

A third defendant, Charles H. Barbee, didn’t file similar alibi defense documents by a 5 p.m. deadline set by U.S. District Court Judge Frem Nielsen.

The trio is scheduled to stand trial Feb. 18 in U.S. District Court in Spokane for bank robberies, bombings and related crimes that occurred last April 1 and July 12 in the Spokane Valley.

The three claim they are religious “ambassadors from the Kingdom of Yahweh” and are immune from criminal prosecution. But they haven’t succeeded in attempts to have criminal charges against them dismissed.

Merrell’s court-appointed attorney, Aaron Lowe, filed a document showing that Peggy Weiss and Elizabeth Wiley will be alibi witnesses for Merrell.

Weiss, who lives between Sandpoint and Bonners Ferry, “was almost in an automobile accident” with Merrell on April 1, the court document says.

On July 12, Wiley saw her neighbor Merrell in Sandpoint, Lowe said in his alibi defense response.

Neither Weiss nor Wiley could be reached for comment Friday.

Defense attorney John Rodgers filed a similar document claiming Berry’s family members can verify his whereabouts on April 1 and July 12.

On July 12, Berry spent part of the day in court in Sandpoint with his son, Curtis, court documents show.

Federal defender Roger Peven didn’t elaborate on his defense strategy for Barbee.

The two discussed the case Friday at the Spokane County Jail, where the three defendants have been held without bond since their arrests Oct. 8 near Yakima.

Peven earlier said he doesn’t believe he will have adequate time before the trial starts to prepare a defense for Barbee.

The three defendants are demanding their constitutional right to a speedy trial.

Federal prosecutors won’t turn over certain FBI investigative documents to defense attorneys until next Friday.

Peven said getting those documents at the last minute will make it difficult for defense attorneys to examine and prepare possible strategies for their clients.

Berry, 42, Barbee, 44, and Merrell, 51, all of Sandpoint, are each charged with 12 federal crimes.

If convicted as charged, they face life in prison without the possibility of parole.

They are accused of conspiracy and two counts of destruction of buildings used in interstate commerce.

Those charges are related to April 1 and July 12 bombings at the Spokane Valley offices of The Spokesman-Review and Planned Parenthood and a branch of U.S. Bank.

They also are charged with four counts of using firearms and pipe bombs during crimes of violence, and two counts of armed bank robberies.

The indictment also charges them with interstate transportation of stolen motor vehicles and one count of possessing grenades.

, DataTimes