The prosecution will be allowed to investigate the counseling murder suspect Anthony B. Mertz sought for drinking too much and not sleeping enough in hopes of making their case stronger for trial on Jan. 27.

Circuit Court Judge Dale A. Cini granted the prosecution’s request Friday to look into the counseling Mertz, 26, sought after being released from the Marine Corps. The state will disclose Mertz’s treatment providers once they’re named and will be able to subpoena their records.

State’s Attorney Steve Ferguson said upon examination of Mertz by Dr. Park Dietz from Park Dietz and Associates, a well-known west coast forensics consulting firm, Mertz said he received counseling from Veteran’s Administration mental health center because he was drinking too much and getting little sleep.

Mertz is accused of killing former Eastern student Shannon McNamara at her apartment at 1125 Fourth St. on June 12, 2001. He is charged with first-degree murder, sexual assault and home invasion, and if convicted, could receive the death penalty because of the aggravating factors of sexual assault and home invasion.

The counseling information being pursued by the prosecution may be pertinent to the case because of the defense’s intentions of getting Mertz acquitted because he said he was too intoxicated on the night of the murder to develop an intent to kill.

Paula Phillips, Mertz’s lead attorney, has yet to file required documents stating her defense but revealed her intentions in court in August that the defense, which includes Attorney David Williams, would be that Mertz was intoxicated.

Ferguson said he was unsure how the counseling information would affect the prosecution’s case, or what it would disclose, but contended it is important that the information is revealed.

“It’s something we need to find out about,” he said.

Also Friday, Cini reminded the court of the next hearings scheduled for Dec. 30 and 31 for any pretrial motions on all pending matters.