Valley Bomb Suspect Gets Separate Trial Possibility Of Alibis From Merrell, Berry Cited By Judge

A federal judge agreed Wednesday that one of four men accused of robbing a Spokane bank and bomb ing a Planned Parenthood office deserves a separate trial.

U.S. District Judge Frem Nielsen ruled that Brian Ratigan, 38, will be tried separately from three other North Idaho men facing bombing and robbery charges.

Verne Jay Merrell, Robert Berry and Charles Barbee are charged with two robberies in April and July 1996 of a U.S. Bank branch and bombings of the Valley offices of The Spokesman-Review and Planned Parenthood.

The three were tried earlier this year in federal court, but a jury deadlocked 11 to 1 for conviction on the most serious charges.

All three were convicted of conspiracy, weapons possession and auto theft.

Ratigan was arrested during the first trial and charged only with the July 12 attacks.

Like the others, he professes to be a member of a Christian separatist faith. He argued he could not get a fair trial if tried with the other men.

Jury selection is scheduled to begin today, with opening statements in the retrial of Berry, Merrell and Barbee due on Monday.

Ratigan argued that Berry and Merrell would provide alibi defenses for him in connection with the July 12 bombing and bank robbery charges.

Nielsen agreed that since the two other men are co-defendants, there existed the chance they would invoke the Fifth Amendment to avoid incriminating themselves. If that happened, Ratigan could argue he was denied a fair trial, said Nielsen.

The retrial of Berry, Merrell and Barbee is due to run three to four weeks. Ratigan’s trial is scheduled to start Sept. 22.

, DataTimes