Former Keyport mayor ends vow of innocence
John Merla of Keyport faces 24 to 30 months in prison upon sentencing
BY KAREN E. BOWES
Staff Writer

John Merla stood in the center of a long marble hallway on the fourth floor of the Martin Luther King Jr. federal court house, Newark, on Jan. 17. Surrounded by a modest entourage, the former Keyport mayor shifted his weight from foot to foot and offered a silent nod to acquaintances in the media.

It was 9:30 a.m., time for Merla, 45, to make his big announcement. After two years of digging in his heels, refusing to step down as mayor, swearing up and down on his complete innocence to eight charges of government corruption, he had given up and was taking a plea bargain. There would be no trial.

Since his February 2005 arrest, Merla had promised his critics a full account of the facts. At trial, he repeated, he would take the witness stand, explain his story and be offered nothing less than a full acquittal.

In the end, however, the former mayor admitted he accepted a $2,500 bribe from Robert "Duke" Steffer on Dec. 7, 2003, at a birthday party for one of his brothers. The bribe came in exchange for setting up a no-bid government contract to demolish the bulkhead on American Legion Drive in Keyport, where Merla served as mayor until Jan. 1.

U.S. District Court Judge William J. Martini asked Merla a series of stock questions: How old are you? Do you speak English? Are you under any medical or psychiatrist treatment that might impede your judgment?

As part of the plea deal, Merla also answered a series of questions from U.S. Assistant Prosecutor Rachael Honig. Although he will only serve time for one count of bribery, Honig's questions established that Merla also took at least three more bribes, up to $24,000 worth, between 2003 and 2004.

Steffer, a cooperating witness for the FBI who now resides in Florida, forked over the rest of the cash payments at Keyport diners and restaurants, according to the indictment. During the same time period, Steffer allegedly did the same for another Keyport official, former councilman Robert Hyer, who died in late 2005.

"There is no longer parole," Martini told Merla. "You will serve 85 to 90 percent of your sentence."

The guidelines for the crime call for between 24 and 30 months in prison, Martini said.

"I could, if I thought it was reasonable, sentence you up to 10 years on this charge," the judge said. "You do understand that?

A sentencing date was set for May 8. The whole hearing was over in less than an hour.

Afterward, Merla was ushered off by Cathy Waldor, one of his two attorneys. His other lawyer, Michael Pappa, stuck around to answer questions in the hallway. A few feet away, standing against the wall, the assistant prosecutors and members of the FBI's Red Bank office stood patiently waiting for their turn to comment.

"First and foremost, John pleaded guilty because he did, in fact, accept payments in exchange for his assistance on a no-bid contract in Keyport," Pappa said. "His reasons for pleading guilty today are personal. His decision today was made with the assistance and support on his family. John feels a deep sense of remorse for compromising the trust placed in him by the people of Keyport."

Keyport Police Capt. Thomas Mitchell responded to the news a few days later.

"It's no secret that over four years ago, this department supplied federal authorities information regarding this investigation," Mitchell said. "After learning that John Merla attempted to retaliate against the department, I am proud of the men and women of this department and the professionalism and loyalty they exhibited. The result of this investigation shows that local authorities can and should take part in the fight against political corruption."

Mitchell was referring to the rift that developed between Merla and the police department after Merla wrote a letter to Greater Media Newspapers criticizing Mitchell as "fake muscle," not fit for the job of leading the Keyport police department.

The police fought back, eventually succeeding in getting Mitchell promoted from a lieutenant to a captain and prompting more criticism of Merla along the way.

In December, Merla said he regretted the way he handled the situation with Mitchell.

Immediately following his court appearance, Merla, his two brothers and Pappa met up at the Bulkhead Bar & Grille, Keyport, the establishment owned by the Merla family, and where Merla has worked as the bar manager since being fired from the New Jersey Turnpike Authority in 2005.

A half-dozen men dressed in suits sat in a far corner of the circular bar, each doing his best to keep the mood light. As younger brother Joseph Merla joked that the courtroom sketch artist made his brother look too thin, Merla accepted handshakes and pats on the back from drop-ins offering condolences and cheerful words of encouragement.

Mostly though, Merla wanted to talk about local politics: the new mayor's plans for rehabilitating a West Front Street corner lot, what downtown Matawan has in store for improving its business district, anything, it seemed, but the obvious.

Merla declined to answer a reporter's questions about the hearing in federal court, citing advice from his lawyer.

After an hour or so, Merla retreated to his office. A small room painted blood red and covered wall-to-wall in original paintings of historical buildings throughout Keyport, the office recently added a new component - an oversized "Sopranos" calendar featuring a grimacing Tony Soprano and Christopher Moltisanti.

The calendar, hung above Merla's desk, was placed next to a black and white photo of Merla and his son. Propped up on his computer keyboard was a wallet-sized photo of that same son in his white communion suit. Nearby was a 2006 Christmas card photo of his daughter and son, taken in a studio. Sitting at his desk, holding the Christmas card, Merla admitted the truth for the second time that day.

"I'm doing this for these little guys," he said.