A third continuance for the capital murder case against Anthony B. Mertz, a former Eastern student, was denied by Circuit Court Judge Dale A. Cini Tuesday.

Despite the defense’s contention of unreadiness, the case of the murder of Shannon McNamara will go to trial Sept. 30. McNamara was also a former Eastern student.

Paula Phillips, lead defense attorney, filed a motion for a 120-day continuance Tuesday morning, stating the defense had found “evidentiary issues,” that needed to be further analyzed and developed and going to trial Sept. 30 was “physically impossible.”

Phillips said the defense needed additional time to analyze evidence that they had not requested initially in May but were advised to recently by DNA analyst Jami Harman of Genetic Technologies, Inc. based in Glenco, Mo.

Furthermore, Phillips said, evidence that Harman needs more time to test was turned over to the defense in June.

However, Judge Dale A. Cini denied the motion, calling it “fatally defective.”

Although Phillips stated in her motion the defense had put in diligent efforts, Cini denied the request because in the report from Harman there was no indication when the evidence was received.

Also, Cini was unclear if Phillips gave a deadline to Harman to ensure it was ready in time for trial.

The evidence, which was handed over to the defense in June, was to be returned to the state in August. However, Phillips could not provide it on the scheduled date because of her unreadiness.

Phillips also said the state handed in their certificate of readiness in an untimely manner and the defense had not yet interviewed witnesses recently disclosed by the state.

“Once again I hear from Mrs. Phillips that it’s the state’s fault they’re not ready,” said State’s Attorney Steve Ferguson in court Tuesday. “They knew what the deadlines were. I don’t have much else to say your honor.”

Mertz, 26, was arrested for the June 12, 2001 murder of McNamara and has been held without bond since.

Originally, the trial was set for Jan. 22, 2002, but was delayed by request of more time from the defense. The trial was then set for April 15 of the same year and was continued for the same reason.

Though the prosecution has been anxious to go to trial, Assistant State’s Attorney Duane Deters said they want to make sure it’s done right to avoid a mistrial.

“Nobody wants to do this twice,” he said.

Deters said the trial is expected to last one week, with the sentencing phase lasting about two weeks. Deters said the state expects to call over 100 witnesses throughout the entire trial.