Judge Rules New Trial For Terrorism Suspect Isn’t Double Jeopardy

A federal judge on Thursday ruled that retrying terrorism suspect Charles Barbee for bank robberies and bombings would not be double jeopardy.

Barbee argued it was unconstitutional to retry him after a jury in April was unable to reach a verdict on the charges.

A second trial “would be using the weight and power of the government against individuals,” Barbee told U.S. District Judge Frem Nielsen.

The judge disagreed.

“A mistrial after a hung jury does not terminate jeopardy,” Nielsen said. “The superceding indictment recharges verbatim on counts the jury was unable to find a decision on. It will proceed to trial.”

Barbee, 45, Robert Berry, 43, Verne Jay Merrell, 51, all of Sandpoint, were convicted of conspiracy, weapons possession and auto theft in connection with bombings and robberies in the Spokane Valley last year. The jury deadlocked on the more serious bombing and robbery charges, forcing Nielsen to declare a mistrial.

A retrial is scheduled for Thursday.

Brian E. Ratigan, 38, who was arrested during the first trial, will be tried with the other defendants for the July 12, 1996, robbery of a U.S. Bank branch and the bombing a Planned Parenthood clinic.

Barbee, Berry and Merrell also will be tried for the April 1, 1996, robbery and bombing of the same U.S. Bank branch and bombing the Valley office of The Spokesman-Review.

Gerald Smith, who sat in for federal defender Roger Peven, asked that Thursday’s hearing be rescheduled for Monday, when Peven returns from a fishing trip.

Smith told the court he was not prepared to argue on Barbee’s behalf. Nielsen said he was not convinced that Peven’s presence would have changed the outcome. , DataTimes