Former Eastern student Anthony B. Mertz is guilty of the murder of Eastern student Shannon McNamara, as determined by a jury Wednesday, after eight intense days of testimony, evidence and arguments.

The jury, composed of seven men and five women, found Mertz guilty of first-degree murder, home invasion and aggravated criminal sexual assault after about three hours of deliberations. An eligibility hearing will begin Friday to decide if Mertz is eligible to receive the death penalty. Court will not meet Thursday.

Mertz reacted to the verdict simply by closing his eyes as he was declared guilty of first-degree murder.

Family and friends reacted emotionally to the verdict, with the silence of the courtroom being broken by tears and sighs. After court adjourned for the day the packed gallery remained, hugging and crying over the final outcome.

“It was obviously emotional for the entire family,” John Deutinger, McNamara’s uncle said after the verdict was read. “There’s no words. For me personally, this helps … (but) it doesn’t bring Shannon back.”

State’s Attorney Steve Ferguson said he was pleased with the verdict.

“It’s very gratifying working with the family, they’re a great group of people,” Ferguson said. “You develop attachments.”

He said the number of people sitting in on the trial was larger than normal.

“Consistently this has been the largest gallery in my tenure,” he said. Ferguson has served as Coles County State’s Attorney since 1992.

He said the family simply said “thank you” after the verdict was read. McNamara’s mother Cindy was overheard saying “Shannon won,” as she and husband Bob left the courtroom Wednesday evening.

Defense attorney Paula Phillips said she was sad after hearing the jury’s decision, and said the police work on the case had been “incompetent and sloppy,” and she was “amazed and appalled” that the jury had decided the way they did.

“I’m tired, sad,” she said. “Now two lives have been destroyed instead of one.”

Ferguson responded to Phillips’ statement by saying the jury apparently did not agree.

“I think the jury’s verdict speaks for itself,” he said.

Phillips said Mertz was “obviously scared,” in regards to the decision.

“We prepared him when the jury came back with the last question it was probably going to be guilty (verdict),” she said.

The jury’s last question to the court during deliberations was for a legal definition of what parts of the body are considered part of the female sex organ, in connection with the sexual assault charge.

Bob and Cindy McNamara left the courthouse soon after the verdict was read, not speaking with any media.

Deutinger said the family is pleased with the jury’s decision.

“Shannon was always a fighter,” he said. “Shannon removed this predator from the streets.”

The next stage in the trial will be the eligibility stage, in which the prosecution will present evidence that Mertz is over the age of 18 and has committed crimes that would make eligible for the death penalty. Prosecutor Ed Parkinson said the jury will be asked to decide if Mertz is eligible. He said he expects this stage to be finished by midday Friday.

‘It is no longer an alleged murder’ (subhead)

Ferguson began his closing statements Wednesday morning by saying although McNamara is dead, “her voice, her testimony, her evidence has been heard.”

He told the jury that McNamara had fought Mertz, resisted, and in doing so, created the evidence that helped prosecutors convict him.

Mertz’s credit card, a latex glove, a box cutter and above all, a DNA profile that matched his under McNamara’s fingernails linked him to the murder.

Ferguson told the jury of the way Mertz had abused McNamara, and laid a scene before them of the morning of the murder.

“He put her body on display as a warning … an arrogant and defiant taunt,” Ferguson said.

He also asked the jury to remember the testimony of several witnesses who said they had seen Mertz open locked doors with a credit card, one of whom was a former friend, and labeled this as Mertz’s design the night he broke into McNamara’s apartment.

Ferguson also reminded the jury of testimony from Coles County jail cellmates who said Mertz had gloated over what he had done.

“He relished being able to dish out details,” Ferguson said.

Ferguson also revisited testimony regarding DNA, and went over the definition of each charge and why Mertz was guilty of each.

He closed by saying a guilty verdict was the fair, just answer.

“Shannon McNamara has given you the evidence,” Ferguson said. “The state doesn’t want your sympathy, Shannon McNamara’s family doesn’t want your sympathy. They want justice.”

‘This is Anthony’s moment’ (subhead)

Phillips accused law enforcement of having “tunnel vision” regarding the case, and said if investigators had not immediately targeted Mertz as the only suspect others might have just as easily been matched to the crime.

“The moment this partial credit card was found … Anthony Mertz was guilty as far as the state was concerned,” she said. “It’s not our job to prove Anthony innocent.”

She questioned DNA evidence and the expert witness the state called in connection with it, accusing the evidence of being slanted toward Mertz. She also questioned the methods in which the crime lab handled the DNA evidence, and if the procedures could be relied on.

“All the evidence would lead you to believe there was some sort of contamination,” she said. “Garbage in, garbage out.”

Phillips also tried to explain Mertz’s statement’s to police as nerves during interviews the night of his arrest. She said anyone would have reacted as he did if told by police that they had committed a crime.

“Wouldn’t you be if someone was telling you over and over that you did it?”

She pointed out the absurdity of Mertz leaving so much evidence behind, and asked the jury if they really thought he was “stupid” enough to leave his credit card behind and not leave town.

Phillips also said the state was “really reaching” to show there had been an aggravated criminal sexual assault.

“You can’t rape a dead person,” she said.

The state gave a brief rebuttal to Phillips closing arguments, restating their view on the testimony regarding DNA, as well as other evidence, and negating continued references to Brian Beavers, a neighbor of Mertz’s also being a potential suspect. Phillips had implied Beavers also knew how to open doors with credit cards, and could have stolen Mertz’s that was found at the scene.

“Did he (Beavers) also borrow Anthony’s DNA?” Ferguson asked.