Judge Unseals Records, Denies Motion To Permanently Dismiss Leslie Merritt Jr. Case
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The public will soon be able to review crucial records in the Leslie Merritt Jr. case, a Maricopa County Superior Court judge ruled Tuesday.
The records were sealed earlier this year to keep from influencing a jury. But with a June trial of Merritt canceled, the judge said that’s no longer needed.
Before the public can see them, anything that could identify victims or witnesses has to be redacted, and that’s expected to take about two weeks.
Prosecutors wanted the records to stay sealed because the investigation into the freeway shootings is ongoing, and the Arizona Department of Public Safety is “working vigorously” to find more evidence.
About two weeks ago, Maricopa County Attorney Bill Montgomery would not say if investigators continue to focus on Merritt.
The ruling came after the judge denied a defense motion to permanently dismiss the charges, giving the state more than six years to potentially refile charges against Merritt.
Despite that, defense attorney Jason Lamm said the case is over.
“Come up with some evidence to file some charges against him,” Lamm said. “They should have come up with that evidence back in September. It wasn’t there.”
The defense had argued prosecutors sought to avoid trial when they moved to dismiss charges against Merritt last month.
Prosecutors countered that their decision was based on evidence and the defense was speculating.
“Quite frankly, if this case ever went back to court, like I said, I have absolutely no doubt that a jury of his peers will find him not guilty — unanimously,” said Ulises Ferragut, one of Merritt’s lawyers.
Merritt was not in the courtroom because he was at work.
The two sides will head back to court on June 17 for a hearing on whether the DPS should release Merritt’s car and gun.
