The defense for Anthony B. Mertz has requested a change of venue for his capital murder trial after conducting a querying of more than 5,000 Coles Country residents on their knowledge of the case.

While a defense-commissioned telephone survey reached 5,243 residents, the results show only 1,273 answered a question asking whether or not Mertz is guilty. Of those who answered that question, 70 percent said Mertz is probably guilty, another 29 percent gave no opinion and 1 percent said Mertz is probably innocent.

The survey highlights what the defense’s motion for a change of venue refers to as “overwhelming, unprecedented and highly prejudicial publicity” surrounding the case.

However, the prosecution, lead by State’s Attorney Steve Ferguson, has filed a motion requesting a list of all questions used in the survey along with any documents, records and copies of any tapes made of responses to the Mertz survey.

Mertz, 25, is accused of strangling and sexually assaulting Eastern Student Shannon McNamara after allegedly breaking into her apartment at 1125 Fourth St. on June 12.

The defense’s motion, filed Tuesday by lead defense attorney Paula Phillips, states that publicity through multiple local and regional newspapers, television stations, radio stations and the Internet “has included much information that is highly prejudicial to Mr. Mertz’s chances of receiving a fair trial.”

The prosecution’s motion, also filed Tuesday, states that the survey is the basis of the defense’s motion to change venue.

In an in interview last month, Ferguson said he thought a fair jury could be selected from Coles County and the defense’s survey would not affect the trial.

The defense’s request to move the trial is scheduled to be deliberated at a March 19 hearing. While that motion indicates Mertz cannot be guaranteed an impartial jury in Coles County, it does state that the trial can start as scheduled if the court can make an early decision. The trial is scheduled to begin with jury selection on April 15.

While the defense’s motion does not state the questions used in the automated survey, it does outline the results of the survey and also contains a list of newspaper reports regarding the case published in The Daily Eastern News, Times-Courier of Charleston and Journal Gazette of Mattoon from June 13 to Jan. 14.

The survey, conducted by Communication Express of Carbondale on Dec. 12, attempted to contact 11,294 residents in Coles County, the defense’s motion states. The automated survey reached 5,243 residents, 2,199 or 42 percent began the survey and of those, 63 percent indicated they had some knowledge of the Mertz case, according to the motion.

Phillips and Ferguson could not be reached Wednesday for comment.