For the second time, a judge granted the defense a continuance, delaying the capital murder trial of Anthony B. Mertz.

At a pretrial hearing Tuesday, Paula Phillips, Mertz’s lead attorney, told Circuit Court Judge Dale Cini the defense is not prepared to go to trial as scheduled.

“There is no way that this case will be ready to go April 15,” Phillips said. “In order for my client to receive a fair trial we need a continuance.”

Cini expressed displeasure in granting a second continuance, thus moving the start of the trial from the April 15 date agreed upon by both the defense and prosecution more than three months ago.

“It’s obvious that I’m not pleased and that’s putting it mildly,” Cini said, reluctantly agreeing to delay the trial. “It is now abundantly clear that if I force this defendant to go to trial on April 15 this will result in a due process violation.”

While Cini’s concern focused on providing Mertz a fair trial, State’s Attorney Steve Ferguson, the lead prosecutor, noted the right of the victim’s family to a speedy trial.

“There just seems to be no inclination on the part of the defense to get this case to trial,” he told Cini. “We’re puzzled, we’re bothered by it.”

Ferguson consented to the delay, provided Cini schedule periodic pretrial conference hearings so the court and the prosecution can stay appraised of the defense’s progress. Cini did not set a new date for the trial to begin, but did schedule the next pretrial hearing for April 15.

Cindy McNamara, the mother of the Eastern student murdered June 12, attended Tuesday’s hearing. Her daughter, Shannon, was a popular track-and-field athlete and Rolling Meadows High School and Harper College in Palatine before transferring to Eastern.

Mertz, 25, a former Eastern student, is accused of breaking into McNamara’s Charleston apartment, strangling her to death and sexually assaulting her with a knife. He is currently being held without bond in the Coles County Jail.

The defense’s initial request for a continuance was granted in December. At the time both Ferguson and Phillips consented to an April 15 start date for the trial, originally scheduled to begin Jan. 22.

However, Tuesday Phillips maintained she has not had ample time and resources to secure the testimony of expert witnesses and prepare for trial.

Ruth Boutin Kuncel, a clinical psychologist from Hinsdale, specializing in personality and psychopathy is expected to be among those expert witnesses.

However, Cini indicated a letter from Kuncel admitted as evidence suggests the psychologist has yet to interview Mertz, which could contribute to the trial’s delay.

“You can tell I am really concerned given the letter from Dr. Kuncel, that we would be back here in a year or two years redoing what we tried to do on April 15,” Cini said. “I can’t see from my reading of the report when the witness will be ready to testify.”

Phillips stressed her commitment to the case, but said the heavy workload of co-counsel, Lonnie Lutz, has left her with much of the casework. Phillips indicated she is seeking the assistance of the Capital Litigation Trial Bar, a special administrative section of the Illinois Supreme Court and Illinois Bar, which ensures attorneys meet specific qualifications before working in cases involving the death penalty.

“I have worked very hard on this case and given it every free moment I’ve had,” Phillips said. “I can’t do it by myself.”

Cini requested a list of attorneys with the bar who might assist in the case. He said he may subpoena a member of the bar if one is not ready to join the defense by April 15, the next scheduled pretrial hearing.