Drug dealer sentenced to 37 years

COEUR D’ALENE – A former gold and coin dealer, convicted last summer of drug-dealing and firearms charges, was sentenced Monday to 37 years in prison after claiming in federal court he had been set up by “corrupt government officials.”

Robert Leon Mertens, described by federal authorities as having “an anti-government agenda,” could have received life in prison. But U.S. District Judge Edward Lodge agreed to a defense request that changed the defendant’s sentencing range to 292 to 365 months in prison.

The 47-year-old former owner of Northwest Coin and Jewelry in Coeur d’Alene was sentenced to 360 months on conspiracy and drug distribution and possession charges. That sentence will be followed by 84 consecutive months for federal firearms violations.

After a three-week trial, Mertens was convicted by a U.S. District Court jury in September of conspiracy to distribute marijuana and cocaine and five counts of possession with intent to distribute marijuana, cocaine and heroin.

He also was convicted of one count of using a telephone to facilitate distribution of controlled substances and 23 counts of money laundering.

The jury also found him guilty of brandishing a firearm during a drug-trafficking crime and three separate counts of being a felon in possession of a firearm.

The jury also returned a $3.5 million judgment against Mertens, which will be partially fulfilled by the forfeiture of coins and gold from his business and two upscale houses he owned in Coeur d’Alene and Sandpoint.

Authorities also seized 24 firearms from Mertens, who wasn’t allowed to possess weapons because of previous convictions including being a felon in possession of a firearm.

“The defendant has been a burden on society since he was a youth,” said Assistant U.S. Attorney Nancy Cook. She said the businessman “used his position within the community” to further his drug-dealing activity, frequently selling marijuana and cocaine to his coin-business customers.

“It was obvious drugs and guns were a way of life for Mr. Mertens,” Cook told the court.

Later, outside the courtroom, the federal prosecutor said, “He definitely has anti-government views.”

Mertens showed up during the 1992 siege at Ruby Ridge, later selling T-shirts supporting Randy Weaver. A government witness, wearing one of those shirts to Mertens’ trial last summer in Coeur d’Alene, was ordered to make a change of clothes before testifying.

Investigators said the case against Mertens dates back to 1994 when Idaho State Police troopers stopped him with a quantity of gold and drugs. State drug charges weren’t pursued then because of legal complications related to the forfeiture of property, said Assistant U.S. Attorney Anthony Hall.

But ISP drug officers, working with Internal Revenue Service and Bureau of Alcohol, Tobacco, Firearms and Explosives agents, kept tabs on Mertens before arresting him in April 2003 on a multiple-count federal indictment.

As he did during his trial, Mertens attempted again Monday to claim the whole case against him was the work of corrupt public officials.

Three weeks ago, he fired his second court-appointed attorney and wanted a delay of his sentencing to locate “character witnesses and additional evidence.” The judge denied the request and asked Mertens to address the court.

Mertens claimed he had been set up with planted evidence by corrupt police, had been prosecuted by vindictive, malicious prosecutors and was represented by incompetent court-appointed attorneys.

The judge repeatedly warned Mertens that the sentencing hearing wasn’t the place to retry the merits of the case.

But Mertens persisted, angering the judge. “What part of my language do you not understand?” Lodge asked Mertens.

Mertens said he had been in jail several months and didn’t think justice was being served by limiting his remarks. “I object to the time limit, your honor,” Mertens said.

He went on to claim that a pre-sentence background report on him, prepared by a U.S. probation officer, contains “fabricated and fraudulent information.”

“OK, your time is up, Mr. Mertens,” the judge said, cutting off the defendant, who sat shackled in the courtroom, watched by deputy U.S. marshals.

The judge said Mertens was responsible for selling far more marijuana, cocaine and heroin than listed in the pre-sentence report.

“It is a very sad case, in my judgment,” Lodge told Mertens.

The judge said the defendant had “started out in a family that was well-off” and previously had made contributions to nonprofit groups. But as often is the case, Lodge said, public images of some individuals can be “totally inconsistent” with their true character.

“I’ve heard the evidence and believe the jury was correct in all its findings,” Lodge told Mertens.

“You’ve made a habit of pointing your finger at others,” the judge said. “I think you need to take that finger you’re pointing and bend it around so it comes back and points at you.”

Lodge said the defendant’s sisters had told the court that their brother “doesn’t have a sense of reality.” The judge said Mertens appears to be “in serious need of mental health counseling” and should receive that treatment in prison.

Co-defendants included Frederick Lee Palm, Barnabas Eugene Douglas and Calvin L. Rogers, all of Spokane. They pleaded guilty and received lighter sentences, getting credit for accepting responsibility and cooperating with investigators.