Did the punishment fit Merla's crime?
Officials' opinions vary on whether 22-month sentence was enough
BY KAREN E. BOWES Staff Writer
John Merla is going to jail, but nobody seems happy about it. On Oct. 23, three years after his 2005 arrest, the former Keyport mayor was sentenced to 22 months in a federal penitentiary for accepting $23,000 in bribes from undercover FBI informants. Merla admitted to the crime in January.

ERIC SUCAR staff Attorney Cathy Waldor, former Keyport Mayor John Merla and attorney Michael Pappa exit the Martin Luther King Jr. Federal Building and Courthouse in Newark Oct. 23 after Merla is sentenced to 22 months in jail. In her statements to the judge, Waldor said Merla created "his own living hell" after committing the acts of corruption.

"I honestly don't think justice was served," said Councilman George Walling, one of only two remaining members of the Borough Council who served while Merla was mayor. "I wish he got at least three years. … We asked him numerous times to step down. He kept saying, 'I'm innocent and I'll have my day in court.' "

The judge in the case was also reluctant to hand down the sentence.

"He may get it today, but he didn't get it for a long time," U.S. District Court Judge William Martini said after Merla gave a tearful apology to the residents of Keyport and his family.

ERIC SUCAR staff Former Keyport Mayor John Merla exits the Martin Luther King Jr. Federal Building and Courthouse in Newark last week.

"I accept responsibility for what I've done," Merla said while fighting back tears, his voice noticeably choked.

The judge added that if Merla had stepped down right away, it would have shown some remorse.

"You chose not to do that," Martini said. "You chose to stay in public office for close to two years. Your public statements offended people even more."

The judge also acknowledged that Merla chose to cooperate with the federal government after two years and was not much help in providing information. Martini said he would reluctantly set the sentence at 22 months, warning the FBI that they should be more careful about whom they choose to offer cooperation deals to.

Keyport Police Capt. Thomas Mitchell was instrumental in providing information to the FBI, which eventually led to Merla's arrest. Mitchell said he is not thrilled by the thought of Merla going to jail, but feels the sentence is a just one.

"I think based on what others got, it's fair," Mitchell said.

He added, "To be honest, I wish the man the best of luck. I do not have ill feelings toward anybody."

The current mayor sees the town as being only temporarily affected by the negative attention.

"I don't think it's going to have any lasting effect on the borough," Mayor Robert Bergen said. "I think the most short-term effect would be people from outside of Keyport's opinions, which may be somewhat negative. The biggest effect inside Keyport was really the debate of over what the appropriate level of punishment should be. With that part of the case finally going away … we'll be able to move on and be fine."

Bergen was unwilling to comment on whether he believed the punishment fit the crime.

"As an officer of the court, I'm not going to second-guess the judge's decision," Bergen said, noting he works as an attorney.

Walling, on the other hand, did not hold back on his opinion. He said Merla's behavior in court was insincere.

"Believe me, it was an act," Walling said.

"He walked around town with the towel around his neck and his hat backwards as arrogant as ever," Walling added. "Why wasn't he crying then?"

In addition to 22 months in a federal prison, Merla is subject to three years' probation and a $20,000 fine.

Merla could not be reached for comment. He is scheduled to report to begin his sentence by Jan. 8.