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| Yet another delay: below is the text of an article in todays local paper
Trial delayed in murder of EIU student
By Bill Ruthhart Daily Herald Correspondent
Posted on April 03, 2002
CHARLESTON - A judge Tuesday granted a second delay in the trial of the man accused of murdering a Rolling Meadows woman last summer at Eastern Illinois University.
After lead defense attorney Paula Phillips made it clear that she would not be ready for the trial date of April 15, Coles County Circuit Judge Dale Cini delayed the trial of 25-year-old Anthony B. Mertz, the EIU student charged with strangling fellow student Shannon E. McNamara on June 12 in her off-campus apartment.
"There is no way this case will be ready to go April 15," Phillips said. "In order for my client to get any sort of fair trial, we need a continuance."
Cini showed his dissatisfaction in delaying the capital murder trial for a second time, especially when both parties agreed to the April 15 date after the first continuance was granted in December.
"It's obvious that I'm not pleased, and that's putting it mildly," Cini said. "But it is now abundantly clear that if I force this defendant to go to trial on April 15, it will result in a due process violation."
Coles County State's Attorney Steve Ferguson argued that the family of the victim also has the right to a speedy trial.
"There just seems to be no inclination on the part of the defense to get this case to trial," Ferguson said. "We're puzzled, and we're bothered by it."
Phillips said she didn't have the time or resources to get expert testimony and properly prepare for trial, because she had been working on the case predominantly by herself. She said fellow defense attorney Lonnie Lutz had too large of a caseload to help her on a regular basis.
Phillips also said she is seeking assistance from the Capital Litigation Bar, a special administrative section of the Illinois Supreme Court and Illinois Bar, which makes sure attorneys meet certain standards before working on a capital murder case. But Phillips said the Capital Litigation Bar "will not get involved in this case unless there is a continuance."
"I've worked very hard on this case and given it every free moment I've had," she said. "But I can't do it by myself."
Cini said he'd force a member of the Capital Litigation Bar to work on the case if needed.
"If new defense counsel is not there April 15, I will, on the slightest suggestion, order a member of the Capital Litigation Bar to work on this case," Cini said. "No longer will I let other people dictate the calendar of this trial."
Another person who has affected the defense's inability to prepare for trial is Ruth Boutin Kuncel. The clinical psychologist from Hinsdale, who has been selected to evaluate Mertz, has yet to interview the defendant, Cini said.
Phillips submitted a letter from Kuncel to Cini on Tuesday.
"You can tell I'm really concerned given the letter from Dr. Kuncel, that we would be back here in a year or two years, redoing what we tried to do on April 15," Cini said. "I can't see by my reading of the report when the witness will be ready to testify."
Cini said if Kuncel can't tell the court when she'll be able to testify, he'd consider subpoenaing her to divulge that information.
McNamara's mother, Cindy, attended court Tuesday. She, as well as family and friends of her daughter, do nothing but wait.
[:blackeye:] [:blackeye:] | |
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| Looks like the defense is having trouble ordering new specticles that are strong enough to find a loophole for their client. hang tough. m | |
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| That’s Sh!t John, Sorry. I pray justice is done. | |
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| "I've worked very hard on this case and given it every free moment I've had," she said. "But I can't do it by myself."
John, I think this statement tells alot. "Free" moment? It seems to me this is a case where the defense knows they are going to receive little monetary compensation. If they didn't have the resources available to prepare for this trial, why did they accept it?
NO more stalling. Get on with it! I'm sick of the criminals getting treated better than the victims.
Hang in there! Sounds like the Judge isn't going to stand for too many more shenanigans by the defense. Justice should, and will, prevail. We all pray for you and your family.
Best regards,
Shep
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| Hold steady, John, you guys have our support. | |
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Murder Trial Update