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| Below is the text of the latest newspaper article:
Judge grants defense request to delay Mertz trial
Defense to use intoxication defense
BY DAVE FOPAY
Staff Writer
CHARLESTON -- Saying it was "abundantly clear" that defense experts wouldn't be ready any time soon, a judge Tuesday granted a four-month delay in the trial of murder suspect Anthony B. Mertz.
Circuit Judge Dale Cini said complying with new court rules for murder cases where the death penalty is possible, as is the case with Mertz, "apparently caused some delay" that wasn't the fault of either the defense or the prosecution.
Also Tuesday, lead defense attorney Paula Phillips announced that she plans to use what's known as an "intoxication defense" for Mertz. That strategy claims that an "involuntarily induced" intoxication prevented a defendant from understanding right from wrong and from being able to obey the law.
Mertz, 26, is charged with first-degree murder, criminal sexual assault and home invasion for allegedly strangling and stabbing Eastern Illinois University student Shannon McNamara after breaking into her apartment at 1125 Fourth St., Charleston, on June 12 of last year.
After getting assurances from Mertz's attorneys that they fully expected to be ready in January as they indicated, Cini decided that jury selection would begin Jan. 27 and presentation of evidence would begin a week later, Feb. 3. Jury selection had been scheduled to start Sept. 30 before the judge granted the delay.
Tuesday's trial postponement was the case's third. It was first scheduled for January of this year but was delayed to April, and then postponed to the September date.
Last week, Cini denied a defense request to delay the trial because he said Mertz's attorneys didn't show enough of a reason why they needed the postponement. On Tuesday, Phillips provided Cini with additional documentation on why the defense's experts needed more time and how long it would take for them to finish their work.
"I believe we've been diligent but the problem here is experts," Phillips said. "This case is not the only case these experts have and they take them in the order they get them."
She told Cini "I'm not guaranteeing anything" but said she thought a January trial date was realistic. Phillips and attorney David Williams, who also represents Mertz, said they would contact their experts and emphasize the new deadline.
State's Attorney Steve Ferguson objected to the delay and said he was "befuddled" by the request. Ruth Kuncel, a psychologist working for the defense, didn't indicate when she'd be able to reach any conclusions about Mertz, he noted.
"It's puzzling to the state that at this point in time the defense strategy has not emerged further than this," Ferguson said.
With the delay granted, Phillips renewed her request to have more items of evidence tested. Cini denied that earlier because Phillips couldn't guarantee that the items wouldn't be damaged or that they could be returned in time for trial.
Cini left a hearing set for Monday in place but said it would be used for Phillips' motion and not for a defense motion to bar scientific evidence as had been scheduled. He agreed with Ferguson's suggestion to put off a decision on that and other matters until after Phillips files the required materials for the intoxication defense.
The judge also said he was willing to reconsider Ferguson's request, which Cini denied on Monday, to have a prosecution mental health expert examine Mertz. Ferguson said he would also need the defense reports on intoxication before deciding how to proceed on that matter.
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| Sorry to hear the bad news, it would be nice to have some closure. With a defense of “I was drunk” I’m sure justice will be served.
Peace
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| "involuntarily induced" intoxication
Not unless someone held him down and poured it down his miserable throat!
Sure do get tired of hearing, "I was drunk (or I was hopped up on drugs) and didn't know what I was doing." What the he!! kind of a reason is that?! They sure as he!! knew what they were doing when they starting drinking or shooting up!!!
Just 'burn em' and save the taxpayers some expense and protect others in the future. How many times do we have to hear "he/she was convicted of the same or similar offenses in the past"? We ought to start holding judges, lawyers, and parole boards responsible for second, third, etc. time offenders. | |
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| This whole ordeal has been extremly hard on the family she was murdered On a Tues. the coroner released her body that Fri. Funeral arrangements were made on Sat. Her wake was on Sun. ( Fathers Day ), she was laid to rest on Monday Her Birthday. She was to be the maid of honor at my daughters wedding next June and still will be, my daughter decided that she will have a picture of Shannon at her side vs finding a replacement
She had no rights, no appeals, no delays but the accused has all these rights and some, and all the family can do is wait for justice only to have the defense claim he was drunk so it's not his fault, I pray that the jury once selected can see through this Bull and send him to his maker who will send him to He--
Thanks for all the support Guys / Gals it truly is appreciated
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| My prayers are with the prosecution. | |
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| John, this must be so hard to deal with. Having to go through all this and it taking so long to put some sort of closure on it. I hope justice is served, it just stinks the judicail system takes so long. My ordeal seems pale in comparison but I have been paying lawyers since jan. of 98 going through my divorce and fighting child relocation, which I am still fighting and no end it site. | |
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| He is the one who chose to put the bottle to his mouth + is responsible for his actions! Sad that they would even consider this pitiful excuse; hopefully it will end soon + he will get sentenced. There is credence to the saying that "there is no justice"... the guilty need to pay for their acts, hands down.[:blackeye:] | |
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| Goddang, when will this guy ever get his due?! Hang in there, John.
John, if you will give me the address of the judge I'll write an polite but outraged letter and copy the newspaper. Others on this site should do the same. If they know their decisions are generating national critisism the judge may well stop all this delay crap. They do respond to this sort of pressure.
On the surface, the "But I was drunk." defense seems weak at best. This seems like a VERY good development for your side.
Rick | |
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| Ranger and others, Thanks for the offer to write a letter to the judge, The judge is getting frustrated with this case also however it would be best to let the judge do his job, The States Attorney told us that the judge is allowing all the delays that the defense is requesting so that they can not come back later and claim a mis-trial or that the defense was not allowed to properly prepair for trial. I am sure Justice will prevail in the end but it sure is painfull along the way.
Again thanks for all the support and kind words
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Murder Trial Update