Date set for Mertz trial

A trial date was set for Anthony Mertz, accused murderer of Eastern student Shannon McNamara, at Tuesday’s case management conference.

The jury trial date was set for January 22, 2002 at 9 a.m. in the Coles County Courthouse.

Mertz, 25, is charged with six counts of first-degree murder in the June 12 slaying of 21-year-old McNamara. State’s Attorney Steve Ferguson is seeking the death penalty in the case.

Because Mertz pleaded innocent in the case, Lonnie Lutz, Mertz’s lawyer, said previously that it would be necessary for him to seek a co-counsel for the trial. At the conference, attended by Lutz, Ferguson, Mertz and Judge Dale Cini, Lutz was granted that motion as well as a motion to hire an investigator to assist him with the murder trial.

Paula Phillips, an Effingham County lawyer and former state’s attorney, has agreed to be co-counsel in the trial.

Lutz said Phillips has had a lot of previous trial experience with death penalty cases.

Jack Smith of Smith Investigations in Danville was hired as the investigator.

“(Smith) will act as an investigator for witnesses, the crime scene and perform background checks,” Lutz said.

Lutz said the Illinois Capital Litigation Trust Fund, which is a program designed to assist trial lawyers in capital punishment cases, agreed to provide funds for both Phillips and Smith’s fee for working with the case.

Cini said that he had no objection to a co-counsel and investigator on the basis that they will be paid for by the Illinois Capital Litigation Fund.

However, Phillips will not technically be involved in the case until she files a written proclamation of appearance, he said.

Ferguson said he was unable to determine at this time how long the jury trial will last.

At the conference, Cini informed Mertz that if he is not present at the jury trial it will proceed in his absence and the actions taken will be binding.

Mertz was arrested on June 13 at his apartment at 1128 Fourth Street, which is across the street from where McNamara lived.

McNamara’s cause of death was asphyxiation, due to choking.