82 Potential Jurors Questioned Opening Arguments At Bombing Trial Could Begin Today After Selection Of Jury

Opening statements in Spokane’s domestic terrorism trial could come today if jury selection continues at a quick pace.

U.S. District Judge Frem Nielsen called 82 prospective jurors to his courtroom Monday, and only two women initially were dismissed after saying they had formed opinions about the case involving bank robberies and bombings.

“The charges in this case are somewhat shocking,” the judge told the panel.

Just because someone has read or heard media accounts doesn’t necessarily mean he or she can’t serve as a fair and impartial juror, Nielsen said.

By day’s end, however, the judge had excused 19 of the potential jurors, most of whom acknowledged they may have been influenced by news coverage of the crimes.

A Yakima County man was excused after telling the court he was present in Union Gap, Wash., last Oct. 8 when three men from Sandpoint were arrested there after being followed by FBI agents.

Charles H. Barbee, Robert S. Berry and Verne J. Merrell are charged with bombing The Spokesman-Review’s Valley office last April 1 and robbing and bombing a nearby U.S. Bank branch that same day.

They also are accused of robbing the same bank on July 12 after bombing a Planned Parenthood clinic in the Valley.

One potential juror was allowed to leave after he told the judge a family member had been injured in an unrelated pipe bomb explosion.

“I’ve seen what he’s gone through,” the man said.

A few prospective jurors, such as a farm store manager from Kittitas County, hadn’t heard or read about the case. Others said they could recall only sketchy details.

“I don’t really read a paper or look at the news,” said one prospective juror when asked if she knew about the case.

A retired heavy equipment operator from the Valley said he closely follows news media accounts “because I live out there.”

The man later was excused after admitting he visited the Planned Parenthood clinic and the bank last summer to inspect the damage.

A Yakima County warehouse worker admitted she’s convinced the defendants are guilty. “I was glad they got caught,” she said, and was immediately dismissed.

Another Yakima County man said his wife is a bank teller, and robberies are a concern for them. He was excused after recalling media reports detailing the defendant’s ties to white supremacy.

Still, the judge did not dismiss a southern Washington retiree who admitted she was following the case and her husband had strong opinions about it.

When asked by Nielsen if she would be able to disregard her husband’s opinion, she shot back: “I’ve probably done that for years.”

A 12-member jury and four alternates will hear testimony from an estimated 100 prosecution witnesses, and an undisclosed number of defense witnesses. The trial is expected to last up to six weeks.

In simultaneously questioning the prospective jurors, the judge read the names of witnesses expected to be called by the prosecution.

The list includes Berry’s brother, Loren Berry, who has lived in Sandpoint, and a woman identified only as Tammy Berry. Her relationship to the defendant isn’t known.

Another prosecution witness is Irwin “Abe” Abell, who owns a Sandpoint-area motel and an adjoining house rented by Barbee.

Brad Day, a Sandpoint resident who knows the defendants, also is among those subpoenaed as prosecution witnesses.

Before jury selection began, the judge spent the morning hearing last-minute legal motions. He denied a request by the prosecution to prevent the defendants from using alibi defenses because they missed a deadline for filing legal paperwork.

The judge postponed a decision on whether the jury will get a “consciousness of guilt” jury instruction. That will be used because the defendants refused to voluntarily submit handwriting samples as ordered by the court.

Berry’s attorney also asked the court to block prosecutors from telling the jury about Berry and Barbee’s arrests in Kelso, Wash., in May 1995. They were found with a marijuana, a handgun, maps and survivalist equipment.

The prosecution alleges the conspiracy involving the three North Idaho men began at that time. They were convicted in state court of possessing marijuana and carrying a concealed weapon.

The judge ruled that the prosecution can’t tell this jury about those convictions, but can refer to the “Kelso incident” in general terms.

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