Witnesses to testify on behalf of Phoenix freeway shootings suspect

A judge in the case of the suspected Valley freeway shooter, who currently is jailed in lieu of $1 million bail, allowed Monday that the suspect’s lawyers could present evidence from witnesses to argue that his release conditions be modified.

Judge Warren Granville said lawyers for suspect Leslie Allen Merritt Jr. could present the witnesses, who the lawyers say can prove Merritt was not present at the scene of the shootings, at an evidentiary hearing Nov. 16. State prosecutors will be allowed to cross-examine the witnesses and present their own evidence.

The hearing will allow the court to reconsider Merritt's release conditions and whether his bond should be lowered.

Among these witnesses, some of whom will provide written statements since they are from out of state, are people Merritt’s lawyers say had contact with him on the phone or in person at the time of the shootings Merritt is accused of committing. Merritt was indicted on charges of four of the eleven incidents, which took place between Aug. 22 and Aug. 29, according to court documents.

In a motion filed Oct. 13, Merritt’s lawyers cited phone records that allegedly show a call from Merritt to his grandmother. The call had originated from Glendale around 11 a.m. on Aug. 29, when the first two shootings took place.

Merritt’s grandmother told the lawyers she heard Merritt talking to his children and fiancee in the background of the call.

Another call originated from Glendale a few minutes later, purportedly from Merritt to his grandfather.

According to documents, Merritt’s grandmother, grandfather and fiancee, who said she had been in the room with him for the duration of both calls, told lawyers they were willing to testify in court.

Merritt’s fiancee also said she had been with her husband all day and that he had been in bed by 9 p.m., before a third shooting that occurred around 10 p.m. that night.

Prosecutors said they opposed holding an evidentiary hearing before the trial began, arguing that the defense wanted them to “jump a couple of steps.”

Granville said prosecutors would be allowed to cross-examine witnesses at the Nov. 16 hearing, and that both sides would have to inform each other about all materials and witnesses they planned to present at the hearing by Nov. 13.