Though it has lost co-counsel, the defense in the capital murder trial of the People vs. Anthony Mertz has not filed a motion to delay the trial. Paula Phillips, Mertz’s lead attorney, said the trial should still begin with jury selection on Sept. 30.

A conflict of interest led to the withdrawal of co-counsel Lonnie Lutz, who was appointed by the court to aid Phillips, according to court documents.

Lutz withdrew from the case June 14, according to court documents. Lutz said Friday he was removed from the case because he is also representing a client who is a potential witness against Mertz. Because of his involvement with the potential witness, it was best he withdraw.

Also on the defense team is Attorney David Williams. According to an Illinois Supreme Court Rule, because Mertz is being represented by both Phillips and Williams, who are certified members of the Illinois Capital Litigation Bar, the defense is not required to appoint additional counsel. The Illinois Capital Litigation Bar is a special section of the State Supreme Court which certifies attorneys to work on death penalty cases.

Mertz, 26, is charged with allegedly murdering Eastern student Shannon McNamara in June 2001.

In a court hearing Monday, Judge Dale A. Cini ordered the defense to return the prosecution’s evidence Sept. 9. The evidence was supposed to be returned Aug. 18.

Phillips said the defense was not able to return the evidence on time because the laboratory, Genetic Technologies, Inc. based in Glenco, Mo., was unable to complete the analysis on time.

Also Monday, Williams disclosed that Dr. Park Dietz, of Park Dietz and Associates, would testify during the sentencing phase of the trial to provide a profile of the crime that was committed and the type of person who would commit the crime.

Park Dietz and Associates are forensic consultants in medicine and the behavioral sciences based in Newport Beach, Cal. Dr. Dietz has worked on other murder cases, including the murder trial of Jeffrey Dahmer and cases concerning Waco, Texas.

Judge Cini ordered Monday that all witnesses for the sentencing phase of the trial be disclosed by Sept. 16.