Despite a defense request to delay the trial’s start until January, the capital murder trial of Anthony B. Mertz will begin Sept. 30, Circuit Court Judge Dale Cini ruled Monday.

Jury selection will begin Sept. 30 for the case and Cini said if selection remains on schedule the trial will begin the following week on Oct. 7.

Mertz, a former Eastern student, has been charged with the June 12 murder of Eastern student Shannon McNamara. He was originally scheduled to stand trial Jan. 22, but, at the defense’s request, the trial was moved back. The trial was then scheduled to start Monday, but an additional continuance was approved April 3.

Both delays were requested by Mertz’s lead attorney Paula Phillips, who contended she was not ready for trial.

At Monday’s pretrial hearing, Phillips said the defense needed to delay the trial at least eight months because of the “considerable amount of work to be done.”

Phillips told Cini she was looking to hire an additional attorney to aid the defense. At Mertz’s last pretrial hearing, April 3, Cini had requested Phillips seek assistance from the Capital Litigation Trial Bar. However, the defense has yet to hire another counsel certified by the the special section of the state Supreme Court that ensures attorneys are qualified to work on death penalty cases.

Todd Berg, a mitigation expert from the Illinois Appellate Defender’s Office, may also join the defense. On Monday Berg told the court that if hired he would need an additional eight months of preparation.

Cini suggested hiring another expert, which Phillips contested.

“There’s no reason to believe that if we get another mitigation expert that they’re not going to request the same amount of time,” she said.

Hiring an additional attorney would bring the defense up to speed with the number of members on the prosecution, which currently has three attorneys on board.

Phillips requested the trial begin in January, which would give her, fellow counsel Lonnie Lutz, Berg and possibly an additional attorney ample time to prepare for the case.

However, State’s Attorney Steve Ferguson contested such a long delay, arguing that Phillips has had enough time to prepare. Ferguson requested the trial date be set in late August or early September, which he said would still allow for Mertz to receive a fair trial.

In fact, Ferguson said Phillip’s request to delay the trial for an additional eight months was prolonging the sentence of Mertz, not the verdict.

“(It has) nothing to do with the guilt or innocence of the trial, but the sentencing of the trial,” he said. “I think eight months is out of bounds.”

Ferguson argued that Berg is a mitigation expert and his involvement in the trial would not begin until sentencing.

Cini ruled the trial will begin Sept. 30. However, he said he would be in contact with the Capital Litigation Trial Bar and review a list of attorneys to aid Phillips. Cini scheduled another pretrial hearing for 11 a.m. Thursday.

Cini also sealed a 13-page letter received from Berg from April 12 along with the defense’s April 1 motion for continuance. Cini said that Berg’s letter was “likely to be evidence” in the trial and both documents “could be prejudicial” against Mertz.