Judge grants request to tape deposition

Circuit Court Judge Dale Cini Wednesday granted a prosecution request to videotape the deposition of a state crime scene investigator involved the capital murder trial of Anthony B. Mertz.

Mertz, 25, is charged with the June 12 murder of Eastern student Shannon McNamara. The murder was investigated by Richard Caudell, an Illinois State Police crime scene investigator.

On Wednesday prosecutors expressed concern that Caudell’s recent health problems could prevent him from testifying when Mertz’s trial begins.

Mertz, a former Eastern student, is accused of breaking into McNamara’s apartment at 1125 Fourth St., strangling her to death, stabbing her several times and sexually assaulting her with a knife.

At Wednesday’s pretrial hearing the prosecution, lead by State’s Attorney Steve Ferguson and Ed Parkinson of the Illinois Appellate Prosecutor’s office, asked Cini to authorize the videotaping of Caudell’s testimony, which the Mertz’s defense agreed to.

Effingham attorney Paula Phillips, who’s leading the defense, consented to the taping provided that she and her client could be present to ask Caudell questions.

Caudell has been diagnosed with cancer and is currently undergoing chemotherapy treatment, Parkinson said Wednesday. The investigator’s illness may limit his ability to make the trip of approximately 75 miles from his home in Lawrenceville to Charleston to testify.

Parkinson said that while Caudell remains “alert and able to answer questions,” the investigator is “very weak” right now. Cini took Caudell’s health into consideration, allowing the deposition to be videotaped provided that Mertz and his defense are present during the taping.

Phillips told Cini that Caudell’s health should be considered again when the trial is closer to beginning. The trial is scheduled to start with jury selection on April 15.

“We don’t know what his condition is going to be around April 1,” Phillips said, explaining the defense would prefer Caudell testify in court if able.

Phillips said that if Caudell can travel to tape the deposition, the courtroom within the Coles County Jail would be the most appropriate location. If not, she said it would be up to the court to determine the location.

The prosecution mentioned that if necessary, the Lawrenceville Court House, near Caudell’s home, might be used to videotape the deposition.

Before Wednesday’s hearing ended, Cini set Mertz’s next hearing for 1 p.m. on March 19. Mertz is being held without bond at the Coles County Jail.