In failed attempt to get bond reduced, Joel Eisenstein told the court Michael Merkel would be surrendering on Felony arrest warrant

By Gregory Orear

General Manager/Editor

TROY – Despite repeated assurances from his attorney he would be surrendering Thursday morning on a felony arrest warrant, a former Lincoln County detective remains a wanted man on two felony charges.

Michael Merkel, 44, has been charged with the Class A felonies of committing perjury to secure a murder conviction in the now infamous Russ Faria murder trials.

And while his attorney, Joel Eisenstein, stated multiple times in a court hearing exclusively covered by The Journal that his client would surrender to authorities that morning, as of Thursday evening, he has not.

The Journal has learned Merkel is no longer living in the Lincoln County area, reportedly moving to Illinois recently. The Journal located an Edwardsville, Ill., address for a Michael Merkel who previously lived in Troy.

The Lincoln County Prosecuting Attorney’s office filed the charges Tuesday and Associate Court Judge Michael Jacobs signed an arrest warrant for Merkel on Wednesday.

Thursday morning, Eisenstein failed to get a reduced bond for his client who in a period of days has transformed from a former police officer to a wanted man.

“Painfully Absurd”

In that hearing before Judge Jacobs, Eisenstein labeled the bond as “painfully absurd.”

“Nowhere in the information that the state provided you …claiming there was violence or threat of violence or that the defendant was likely to flee the jurisdiction,” Eisenstein said. “The victim, there is no victim, in the information that’s filed, if you read it, is an offense against the judicial system by committing perjury. So, a $50,000 bond is painfully absurd, with the conditions that they’re asking for, is also painfully absurd, without the supporting information.”

In addition to the cash-only bond, conditions of Merkel’s release would include house arrest and a GPS monitoring device.

Eisenstein added he advised Merkel to surrender on the arrest warrant today but he didn’t want his client to have to sit in a jail cell for any length of time.

“I’d like to have the bond arranged, because he’s a former deputy sheriff. Having him sit in jail while I have to go get a writ from the appellate court is not fair to him and it’s dangerous,” Eisenstein said. “I’ve recommended … a reduction of $25,000 with 10 percent allowed. Standard conditions of probation. Let’s get it over with. I’d like to surrender him today knowing that there’s a bond and he’s got $2,500 in cash.”

Eisenstein also labeled the current bond as “punitive.”

“The former deputy sheriff doesn’t have the ability to come up with $50,000” he said. “The state knows that. This is just punitive.”

During his plea for the reduced bond, Eisenstein claimed the prosecutor’s office already reduced the bond once from its original amount of $250,000 cash-only to $50,000.

What he didn’t realize though was it was actually Jacobs who set the $50,000 cash-only bond when he approved the arrest warrant.

“I understand why the state was asking for what they were asking but, under the (bond) rules, I felt that $50,000 was the appropriate bond,” Jacobs explained. “If the rules were different, my decision might have been different. So I just want to correct that so that you’re not under the impression that they (the prosecutor’s office) pulled a fast one.”

Jacobs then essentially told Eisenstein that nothing has changed his mind since he set the bond less than 24 hours prior.

“In light of that, with the information in front of me, that was … what I felt was the appropriate bond, and so I’m going to leave that as it is,” he said. “I’m happy once he’s here (Merkel) to do a formal bond hearing and follow the law considering all those factors and new information that’s brought to me by either side. But for the moment, the bond would remain the same.”

A Determined Attorney

Eisenstein persisted, unsuccessfully lobbying for a 10 percent bond, telling the judge Merkel would be surrendering “this morning.”

“Under normal circumstances, in my experience, when somebody surrenders himself, their attorney has entered their appearance, 10% percent is almost automatically granted in a time where there’s no violence, no threat to any victim,” he said. “It baffles me as to why he would have to sit in jail for any length of time.”

Jacobs disagreed with Eisenstein’s characterization of a 10 percent bond being “automatically granted.”

“I don’t know that in my experience it’s as automatic for 10 percent as what you’re saying and I’m not criticizing your experience or questioning it,” Jacobs said. “But this would not be the first (Class) A Felony in which someone sat in jail waiting on a bond reduction hearing.”

Eisenstein continued with his argument.

“It’s a 13-year-old case with no body, no drugs, no victims,” he said. “And it doesn’t make sense to me why a former police officer would have to be incarcerated in a place that presents grave danger to him for any length of time.”

Eventually, a frustrated Eisenstein suggested the best advice would be for Merkel not to surrender.

“What you’re saying to me is I would be better off telling him, wait till they arrest him,” Eisenstein said to Jacobs.

“Mr. Eisenstein, you’ve heard everything I’ve said, and that’s not what I said. I’m telling him to turn himself in, is the right thing to do.”

Merkel The Accused

Merkel is accused of lying on the stand regarding evidence he collected in the 2011 murder of Betsy Faria. Merkel testified a camera he used to photograph the crime scene malfunctioned, prompting the pictures to “show nothing.”

Faria was convicted of first-degree murder based partially on that testimony, according to the probable cause statement charging Merkel with perjury.

During a second trial, Faria’s defense attorney produced 130 photos Merkel essentially said didn’t exist due to the camera malfunction. Faria was found not guilty in the retrial and later received a $2 million insurance settlement from the county after filing a federal lawsuit for wrongful conviction.

A key witness in the first trial, Pam Hupp, is awaiting to be tried in August 2026 for Betsy Faria’s murder.

An Innocent Man

In an interview with The Journal after the hearing, Eisenstein predicted despite the outcome of today’s hearing, Merkel would eventually be exonerated.

“I’ve rarely seen a case where a judge denies 10 percent when a defendant turns himself in and there is no victims or drugs involved,” Eisenstein said.

Stating he’s practiced law in Lincoln County as both a prosecutor and defense attorney since 1975, he’s become accustomed to “bizarre” rulings.

“This is just bizarre to me,” he said. “And bizarre things happen all the time in Lincoln County.”