The defense for an Eastern student charged with murdering another student attempted to hold a bond hearing over Thanksgiving break, but has withdrawn the motion trying to get Anthony B. Mertz out of county jail on bond because of a previously held hearing.

Defense attorney David Williams filed the motion on Nov. 25 based on a state Supreme Court decision, but decided to withdraw the motion after learning a hearing addressing the court’s decision had already been held in January.

Mertz, 26, is currently in county jail without bond on charges of killing 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.

According to a copy of the decision in William’s motion, the court ruled in the case of People vs. Purcell that the burden of proof should be on the prosecution to show why the suspect should be jailed without bond, not on the defense as it had been in the past.

However, that decision was addressed and was in fact what prompted a January bond hearing for Mertz before Williams was appointed to the defense, said State’s Attorney Steve Ferguson.

Ferguson said Williams intended to withdraw the motion after learning of the January hearing.

In January, Circuit Court Judge Dale A. Cini denied a bond for Mertz because of evidence linking him to McNamara’s murder.

Police testimony at that hearing for the prosecution revealed DNA found under McNamara’s fingernails matched Mertz’s and a Navy Federal Credit Union card with Mertz’s name on it was found in McNamara’s apartment.

Also a box cutter found near McNamara’s body is the same type of box cutters Mertz had access to at his job at the Student Recreation Center.

Lead defense attorney Paula Phillips and former defense attorney Lonnie Lutz did not present any evidence at that hearing but said Mertz would live with relatives in Rossville if he was released.