Former pastor asks to withdraw guilty plea to child porn
By MARCIE SCHELLHAMMER
marcie@bradfordera.com
Former Smethport pastor and Bradford landlord Daniel Merrick wants to withdraw his guilty plea to charges of child pornography.
Merrick, 67, was in McKean County Court for a sentencing hearing on two counts of child pornography — possessing 499 images that depicted young children where indecent contact was depicted, and 199 images of young children.
When he was first arrested, the criminal complaint indicated Merrick told state police he began viewing pornography due to marital issues, which led to a “two-month curiosity in child pornography.’ He told police that he had an addiction and would seek help, the complaint read.
However, at Thursday’s hearing, when Merrick was about to be sentenced, he started talking about how he was ‘just looking at the child pornography as part of an independent investigation that he had taken on himself to help the victims,’ explained District Attorney Stephanie Vettenburg-Shaffer.
President Judge John Pavlock asked if Merrick was claiming innocence. Merrick took some time to speak to his attorney, Mario Medina, before indicating he wanted to withdraw his plea.
Pavlock asked Shaffer’s position on the matter. She stated that Merrick’s attorney would need to file a written motion, asking to withdraw his plea.
The judge agreed, and gave the prosecution 10 days to respond to the motion after its filing.
Under Pennsylvania law, a defendant can withdraw a guilty plea with a ‘fair and just reason’ including claiming innocence, ineffective assistance of counsel, a coerced plea, or the defendant’s lack of understanding of the plea’s consequences.
A Christian musician, pastor and former Bradford store owner and landlord, Merrick was arrested in February 2023 after a Cybertip was made to State Police Computer Crimes alleging eight images and one video of child pornography were traced back to his cell phone, according to the criminal complaint.
Upon investigation, state police found more than 800 images of child pornography on Merrick’s cellphone, the complaint alleged.
