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  Judge Releases Sex Offender Sentenced to Life

WBAL
July 31, 2010

http://www.wbaltv.com/news/24457196/detail.html

[the judge's decision]

John Merzbacher

A notorious sex offender in the 1970s will be released from prison, a federal judge decided Friday.

John Merzbacher, a former Catholic school teacher, was sentenced on July 21, 1995, to life in prison for the rape of one of his students at the Catholic Community School in south Baltimore in the 1970s.

U.S. District Court Andre Davis' John Merzbacher Decision

Merzbacher had argued that his lawyer, Christina Guiterrez, failed him by not telling him about the state's offer of a plea bargain. Guiterrez has since died.

The federal judge's ruling on Friday directs the state to allow Merzbacher to accept the plea bargain, which carries a 10-year sentence. Merzbacher has already served 15 years in prison.

A year ago, victim Liz Murphy told the 11 News I-Team, "I expected there would be appeals, and there were. His conviction was upheld. So, it's disheartening to sit here in 2009, having to deal with the possibility of him being released from prison."

After the judge made the decision on Friday, Murphy said she still replays the abuse in her mind day after day.

"He threatened me repeatedly," she said. "He held a gun to my head and said, 'If you ever tell, I will kill you.'"

Murphy said she was 11 at the time when Merzbacher abused her sexually, emotionally and physically. She said it went on for three years.

"He forced male students to have sex with me and other students," she said.

Murphy said she has no words to describe the degree of her anger and fear at Merzbacher's release.

"My question to this judge is, who is going to clean up the body of a child that this man is more than likely going to murder the next time he rapes somebody?" she said.

Murphy said she's prepared to fight for as long as it takes.

"I can't live with myself if I don't do everything within my power to make sure this man never sees the light of day," she said.

The Maryland Attorney General's Office issued a statement to 11 News Friday night.

"We are disappointed in the decision, and were determining whether to move forward with an appeal," the statement said.

The state has 60 days to file an appeal on the judge's ruling.

 
 

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