Merkt left prison in January 2014 and was on supervised release, living in a residence in the Stacy-Linwood Township area of Anoka County. A booking report from the Chisago County Sheriff’s Office lists his last known residence as Braham.
Merkt, who was 23 years old at the time of the March 9, 1996, incident, was found guilty of murder in the second degree by a Scott County jury. Jurors found him not guilty of two counts of raping the girl and not guilty of two counts of first-degree intentional murder.​

   Convicted child murderer in county jail for violating terms of release.

By Darrick Knutson,   ECM  Post Review, Cambridge, MN 

Published December 22, 2015 at 10:21 am

Brian Patrick Merkt, a Level 2 predatory offender who was convicted in 1997 of murdering his then fiancée’s 3-year-old daughter at a farmhouse in Shakopee, was arrested Dec. 10 and booked into the Chisago County Jail.
   Sarah Latuseck, director of communications for the Minnesota Department of Corrections, said Merkt is in jail for “allegedly violating the terms of his supervised release from prison.” She noted the nature of the alleged violation is not public information until it has been substantiated by a hearing within 12 business days.

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www.ecmpostreview.com/2015/12/22/convicted-child-murderer-in-county-jail-for-violating-terms-of-release/

   Merkt, whose sentence doesn’t expire until April 3, 2022, was able to be released in January 2014 because he had served 200 months or two-thirds of his 300-month sentence in state prison without issue, Dylan Warkentin, director of community corrections for Anoka County, told the Post Review last year.
   Warkentin did point out that Merkt originally could have faced a 150-month sentence per state sentencing guidelines, but the court departed from the guidelines and doubled the sentence.
   When a Level 3 offender — the most likely to commit another crime — is released from prison, by state law, a community notification meeting must be held.
   Due to Merkt being a Level 2 offender, a formal meeting was not required when he was released.
However, in this case, based on the seriousness of the offense, Warkentin said, authorities decided on mailing to the complete community in the Stacy-Linwood area surrounding Merkt’s residence.
   Warkentin noted last year if Merkt were to violate the terms of his release, the commissioner of corrections could have him return to prison for a certain time or the rest of his sentence.​

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