Anthony B. Mertz’s mother and father were not active parts of Mertz’s life as he was growing up, Mertz’s grandmother testified Thursday in Coles County Circuit Court.

“To him, I’m his mom,” said Dorothy French, 80, of Rossville. “I don’t think he’d know his mother if she walked in here.”

Four of Mertz’s relatives — his father, grandmother, a sister and an uncle — all testified during the fourth day of the capital murder trial’s sentencing phase as part of the defense’s plan to convince jurors Mertz should not receive the death penalty.

Last week, Mertz, 26, was found guilty of first-degree murder, aggravated criminal sexual assault and home invasion in the death of Eastern student Shannon McNamara on June 12, 2001.

Moments after Alan Mertz, Anthony’s father, took the witness stand, Mertz was slightly crying. He continued to cry during moments of testimony throughout the day.

Also on the day the prosecution rested its case and the defense gave its opening statements, the court heard testimony from the assistant fire chief, an expert in criminal investigations and Cindy McNamara, Shannon’s mother.

Alan Mertz testified he discovered he had a son when Anthony was a couple of months old. He and his wife were still married, but they were not living together.

French, Mertz’s grandmother, said she received custody of Mertz when he was just over a year old after the children were taken from their mother and put into their father’s care. Alan then passed along custody to his mother.

French said Alan only was a minimal financial help while she raised his son and his three daughters.

“He just gave me so much money a month for the kids to buy groceries, and that was it,” she testified.

Alan would shop with French, but he would complain if she spent too much money, so she said she tried to keep expenses at about $100.

Even after he moved in with his dad when in third or fourth grade, French said his father was not active in his life.

French was a room mom when Mertz was in grade school, she attended all of Mertz’s high school football games, and she took Mertz to Sunday school, but his father did not go to any of Mertz’s activities, French testified.

Alan said work kept him away from home from about 2:30 p.m. to 1 a.m. every day. For a while, he worked two jobs. He testified he went to church with Anthony when he was able to go. He also said he attended one or two football games; not as many as he would have liked to have attended.

However, Alan testified he thought he had a “fantastic” relationship with his son. He recalled family events such as fishing and said his fondest memory of Anthony was watching him walk down the aisle at graduation.

While Mertz was under French’s care, French said Mertz did not have any contact with his mother.

“She sent birthday cards to the girls,” French said.

Williams asked if she sent cards to Mertz.

“I don’t remember,” French said. “I think he got one or two birthday cards from her.”

Alan testified he did not know the date of his son’s birthday, but after his wife told him of Anthony’s 18th birthday, Alan bought his son a present “he couldn’t get rid of” — a tattoo — because that’s what Anthony wanted.

The same year Mertz moved in with his father and sisters, Alan remarried and introduced Anthony and his sisters to a stepmother, a stepsister and a stepbrother.

Mertz’s sister, Brandi Mertz, 29, said she did not get along with her stepmother.

“She was mean to us. She abused us,” said Brandi, who believes her stepmother hit her head against a wall when she was younger, causing her to have memory problems today.

Brandi testified their stepmother treated her own children “like they could never do any wrong,” yet her step siblings did do wrong.

Brandi testified her stepsister Rose sexually abused her. She began to cry and could not elaborate on the incident. She said she did not tell her father about the incident.

“I knew he wouldn’t believe me,” she said. “He never believed most of what we said because he was never home to see things.”

Brandi testified her stepbrother, Bruce, tried to sexually abuse her too, but she was able to push him away. The first time she told anyone about these incidents was when she heard Anthony and their sister Christine talking about how their step siblings had sexually abused them, too.

Brandi also testified to an injury she sustained when she was in third grade. No follow-up was ever done after the pharmacist’s wife took her to the hospital. The defense questioned Brandi about the incident to show a pattern of non-interest to the children, Williams said.

Brandi testified she would have rather lived with her grandmother over her father because her grandmother loved them, evidence of which she saw in her grandmother’s words and actions.

During cross examination, State’s Attorney Steve Ferguson asked Brandi if she had any criminal history.

Brandi said she has never been arrested, nor has she committed any violent crimes against anyone else.

Brandi called out to her brother as she passed the defense table on her way out of the courtroom. When Anthony left the courtroom for a recess, his eyes were red from crying.

Family members also painted a picture of Mertz showing him to be just like any other typical boy.

French said Mertz was “just like any boy, out playing, digging in the dirt, riding bicycles.”

She said Mertz was the same person before and after his time in the Marines.

Michael Mahorney, Mertz’s uncle and Alan’s half brother, said Mertz was a “typical boy.”

Several pictures of Mertz growing up were admitted to evidence over prosecution’s objection.

Mahorney was questioned extensively on the topic of alcohol consumption. Mahorney said when he was a heavy drinker, he would drink to the point of not being able to remember the events of the night the next day. He also testified to seeing Alan drink often. He said he only saw him drunk once, but Alan holds his liquor “real well.” Mahorney said he also has seen Anthony drunk.

“His speech got a little bit louder and his motions were quicker but still steady.”

In his opening statements, defense attorney David Williams said evidence presented is not an excuse for Mertz’s behavior; rather, Williams said the defense hopes it will explain why an average young man could commit such acts.

“There’s no happy ending for Shannon McNamara’s family. It’s tragic,” Williams said.

“There are things about Anthony which would cause you to believe the death penalty is not appropriate.”

Mertz had an uphill battle from birth, Williams said.

“This battle started with his family life and ended with his arrest (for McNamara’s murder),” Williams said.

Williams said the defense will not ignore the fact that other people have overcome similar adversities but will show Mertz was one who could not overcome them.

The prosecution finished its case late Thursday morning with Cindy McNamara reading a victim impact statement, an account of how Shannon’s murder has affected the family.

Bob McNamara stood behind his wife, hands on her shoulders, for support, while Cindy spoke through tears.

“This is very hard for me to do, but then everything is hard since we lost our Shannon,” she said.

She said “this coward” destroyed their family. “When Shannon died, we died,” she said.

She said the family feels empty and doesn’t know how they’ll be happy again.

“It’s like we’re living in a fog,” she said. “I can still picture her when she would come home from school. Her arms outstretched, laundry bag on one side, book bag on the other, never bothering to drop her load before she gave and received that long hard hug that I long to feel again.”

“At times, the thought of life without her is more than I feel I can bear. At times, it even hurts to breathe,” McNamara said.

She said holidays have become a time they just have to force themselves to get through.

“I wish I could just wipe November and December off the calendar,” she said. “This was Shannon’s favorite time of the year.”

McNamara said Mertz has “robbed” the family of their daughter and sister and of a part of their humanity.

“Anthony Mertz has caused me to think things about another human being which I didn’t believe I was capable of thinking,” she said. “He has caused me to wish things for him that I didn’t think were possible of me.”

James Wright, an expert in criminal investigations, said the murder of McNamara was a preplanned organized crime that turned disorganized when McNamara struggled with her killer, something the killer had not anticipated.

Wright said the murder of 23-year-old Amy Warner also was preplanned, but it was more organized. Although, defensive wounds on her hands show signs of resistance, Wright said resistance still was minimal.

He also gave similarities between the two murders, the second of which the prosecution is attempting to link Mertz to as well, including the throat as the point of attack and the victim’s arms extended over her head.

Phipps identified photos of a February 2000 fire at Fourth Street and Buchanan Ave. admitted into evidence over objection. Prosecution witnesses also have linked Mertz to the fire.