By Kai Jackson
WJZ
July 31, 2010
http://wjz.com/local/john.merzbacher.2.1834607.html
 |
| John Merzbacher, a convicted rapist, was granted an appeal by a federal court judge Wednesday. |
Fifteen years after he was sent to prison for life, a convicted child rapist could be just days from being released. Kai Jackson reports a federal judge is allowing an appeal in the case, but victims say they are ready to fight it.
"I am angry with the courts. I'm angry with this decision because it could potentially allow a violent serial child predator/rapist out on the streets of Baltimore," said Liz Murphy.
Murphy was a student at the Catholic Community Middle School in the 70s when she says a teacher, John Merzbacher, raped her inside a storage closet. Decades later, Murphy and several other former students came forward with the claims and testified against Merzbacher in 1995.
"This man raped me too many times to count. He used a gun. He played Russian roulette; he pointed a gun at my head. He threatened to kill me. No matter how old I was, he would find me. You believe it," she said.
"I didn't do any of these things and all I want is a fair trial to clear my name," Merzbacher said.
Despite his claims of innocence, a jury convicted Merzbacher and sentenced him to life in prison, but just this week, a federal judge granted an appeal in the case based on Merzbacher's claim that he never knew about a pre-trial plea bargain. Under the deal, had Merzbacher pled guilty, he would have served only 10 years in prison. So far, he's been locked up for 16 years.
If the plea deal is allowed, Merzbacher could be released immediately, a fact that does not sit well with Liz Murphy.
"He still needs to be in prison because we have not, as a society, figured out a way to keep repeat child sex offenders from offending again," she said.
The plea bargain must be offered within 60 days and then a judge must approve it. WJZ contacted Merzbacher's attorney but he declined comment until he could review the 72-page decision.
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.