By Marianna Riley

MR P’s former fellow inmate at the state penitentiary says MR P had boasted to him about killing an old man and was worried about getting caught. That was part of the testimony Thursday of Terry Merk, in the third day of the murder trial for MR P in St. Charles County Circuit Court.

MR P, 21, is charged with the murder of longtime St. Charles resident J. Harold Messler. Messler was found dead at his north St. Charles home on June 9. Merk, 30, told the court that MR P "was worried about charges that he thought might be filed against him for killing an old man. Then later he was bragging that he and Mr M had killed an old man and that Mr M had been involved in other murders." Both Mr P and Mr M are serving prison sentences for charges unrelated to the Messler killing.

Merk’s testimony came a day after what was probably the most damaging testimony to MR P’s case. That was the testimony of his own brother, K Mr P. K Mr P said Kurt had told him: " They fought the old man all night. He was praying to God for his life." Messler’s radio was tuned to a Christian program and the heard it play ‘Amazing Grace.’ "Then MR M(Kurt Mr P’ alleged accomplice) slit his throat."

Mr P said his brother’s statements were made shortly after Messler’s mutilated body was found. Mr P also said his brother had told him he had taken $18 from the victim in order to buy beer and pay for a motel room. During his testimony, Merk referred frequently to a note giving details of the killing. He said his ex-wife, G T, had seen the note in Mr P’ possession. She and Mr P had worked together at Noah’s Ark, Merk said.

Under cross-examination by defense attorney S. Lee Patton, Merk admitted he had written the prosecutor’s office saying he wanted to testify in return for protection and a change in institutions. "I was in fear of my life," he said. Mr M is serving two concurrent 15-year terms for burglary and kidnapping. Assistant Prosecuting Attorney A. John DeVouton rested his case Thursday after hearing testimony by a pathologist, Clarke Harding, that Messler had died from trauma to his head and chest.

Witnesses for the defense included James William Leiber, grandson of the murdered man. Leiber had lived with his grandfather for a time, as had Marianne Schier, the young woman who had found Messler’s body. Leiber testified that he, S and her friend H were all friends, but that his grandfather did not get along with them and "they did not get along with him." He also admitted that he had often argued with his grandfather and was given to bursts of temper during which he had punched holes in the walls of his grandfather’s house.

Another witness, Cyril Echele, 75, told the court he had known Messler for 15 or 20 years and they often attended political functions together. Echele said that Messler had told him about "two ladies who lived with him. He said,’ I’m trying to help them out of a jam," Echele said. But another picture of Messler also began to emerge at Thursday’s trial.

Before Echele’s testimony, Judge David A. Dalton had excused the jury while Patton argued that a longtime friend of the Messler family be allowed to testify. The friend, Roy Hart, told Dalton that S and H had stayed at Messler’s house in exchange for both money and sexual favors. He recalled that once, when they were all visiting at Hart’s house, calls from their escort service were forwarded there. Hart said that Messler had once been angry with S and H when they refused a job. Messler "needed the money for rent," Hart said. Dalton declined to allow Hart’s testimony. The trial recessed about 2:30 p.m. Thursday and was scheduled to resume at 9 a.m. today with the testimony of more defense witnesses. Dalton said he expected the trial to be finished today.