Attorneys for Leslie Merritt Jr. have asked a judge to permanently dismiss all charges against him.
Merritt’s attorneys wrote in a 14-page motion filed Thursday that prosecutors made a “desperate attempt to salvage a botched investigation” when they asked a Maricopa County Superior Court judge to dismiss without prejudice more than a dozen felonies against Merritt.
The judge granted prosecutors request, and Arizona's statute of limitations gives them more than six years to refile the charges.
For a judge to dismiss a case with prejudice, the defense has to show that giving prosecutors all of that time to potentially recharge Merritt would hurt his ability to prove he’s innocent, said trial attorney Scott Halverson, who is not involved in the case.
“[The defense motion is] a compelling argument as far as passion and as far as the interests of the defendant go,” Halverson said. “But in terms of the law, there’s a missing piece here.”
Maricopa County Attorney Bill Montgomery has said the investigation into a string of shootings on Interstate 10 last year is ongoing, but declined to say if it still focuses on Merritt.
Merritt’s attorneys wrote that the state really wanted to delay a trial set for June 9 so it could do more forensic tests, and that violates Merritt’s due process rights.
A due process argument could work if Merritt still faced charges, Halverson said.
“Once the case is dismissed, those trial deadlines evaporate, they’re gone,” Halverson said. “ What then is the deadline is the statute of limitations.”
Merritt was released from jail in April after an independent ballistics expert was unable to confirm a Arizona Department of Public Safety report that the bullets came from Merritt’s gun.
