During a hearing Friday in San Bernardino Superior Court, Judge Michael A. Smith scheduled the preliminary hearing for 9 a.m. Monday. The hearing, in which prosecutors will disclose for the first time their evidence against Merritt since his arrest in November, should take two days. Nor do prosecutors have any evidence putting Merritt at the Mexican border in San Ysidro, where the Mcstay's vehicle was found abandoned, Mettias said. "This man has already been convicted in the minds of many," Mettias said of Merritt.
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