Merrick Case Ready For Preliminary Hearing

The preliminary hearing for accused teacher Michael Merrick could get underway in a Martinez courtroom June 27 after a lengthy pre-hearing conference apparently failed to produce what some court-watchers felt would be a plea bargain for the 47-year-old former teacher.

In a brief appearance before Judge Nancy Davis Stark, Deputy District Attorney Johanna Schonfield briefly outlined the evidence she said she would bring against the former Stanley Middle School teacher - evidence she told the court would include "DNA reports, a recorded video interview (with the alleged victim), and phone records" obtained under search warrant. Stark will review the prosecution evidence and determine if the preliminary is to proceed.

The hearing date was set for June 27 at 10:30 a.m.

Judge Stark asked Michael Merrick, who was standing with defense counsel Elizabeth Grossman, if he waived his right to a speedy preliminary hearing to which Merrick said: "I do."

Schonfield also asked the court to note that Monday's hearing was conducted in open session and that the courtoom had not been closed to the public - something counsel had indicated they would ask for in order to protect the minor child Merrick is alleged to have molested.

Schonfield did finish her statement with "at this point," indicating to some that the courtroom may be ordered closed at a possible future date.

Merrick was arrested on Oct. 27, 2010 and ultimately charged with 17 felony counts of lewd and lascivious acts with a 14-year-old girl he was tutoring at the time. Investigators determined that he sent the girl approximately 600 text messages in the week before his arrest.

Merrick has entered a plea of not guilty to all 17 counts against him.