LINCOLN COUNTY, Mo. – Former Lincoln County Sheriff’s Captain Mike Merkel was taken into custody Tuesday after a hearing where he pleaded not guilty and had his bond set at $50,000 cash only.
Merkel walked the same path the now exonerated Russ Faria walked more than a decade ago, when he was wrongfully convicted. Long-since freed, Faria was there to witness it.
“He attacked me directly,” Faria said.
Faria spent three and a half years in prison for the murder of his former wife, Betsy Faria, before a judge exonerated him. The infamous Pam Hupp has since been charged with Betsy’s murder.
“I think it’s important that justice be served and dirty cops and the people who are supposed to be serving us be brought to light, so this doesn’t happen to others,” Faria said.
Lincoln County Prosecutor Mike Wood charged former Sheriff’s Captain Mike Merkel with perjury, for allegedly lying about crime scene photos Merkel claimed did not exist. Those photos, which were discovered later, helped clear Russ Faria.
Defense attorney Joel Schwartz discovered the hidden photos and showed up to defendant Merkel’s bond hearing.
“One, I want to support Russ; and two, it’s a big step in the administration of justice and I just need to see that justice is done in this case,” Schwartz said.
The hearing was tense, especially when the defense attorney called it a victimless crime. The assistant prosecutor jumped out of his shoes and pointed to Russ Faria in court, saying, “Do you want to ask Faria if this is a victimless crime?”
“I’m here to tell you I spent three and a half years [in prison]. Three years, five months, and 11 days. The anniversary is coming up on June 15,” Faria said.
Merkel’s defense attorney, Joel Eisenstein, called the perjury case laughable. “We’ll go to trial and see what happens,” he said.
Lincoln County Prosecutor Mike Wood said it’s only the beginning of his corruption investigation.
“Things are continuing to move forward on that front – still a fluid situation. There’s a lot of leads we’re continuing to follow,” he said.
Merkel did not spend much time in custody as his attorney said he brought with him a $50,000 cashier’s check to bond out. The former captain will now have to wear an ankle monitor until his next court date in August.
