The appeals process for convicted murderer Anthony Mertz is in its beginning phases and could take up to ten years to finalize.

Mertz, convicted and sentenced to death in February, had an initial execution date last May 5 set by Judge Dale Cini. The date was withdrawn when Mertz’s defense team filed the post-trial motion, beginning the appeal process.

At each level a death sentence can be upheld, an execution date is issued.

“The court usually assigns an execution date within months,” said Ted Gottfried, state appellate defender. “But with defendants filing appeals, it can take about 10 years before all the various appeals have ended.”

The state of Illinois is still honoring the moratorium put into place by former Gov. George Ryan.

“I think the governor said he would lift the moratorium when there is fair and adequate reform,” Gottfried said.

Executions in Illinois will continue when the trial and sentencing process is reformed.

Mertz’s trial level defense team filed a post-trial motion in March, within the 30-day time limit, listing 190 errors that allegedly occurred under Cini.

Since Mertz’s case is a death penalty case, it was automatically subject to appeal with the Illinois Supreme Court.

“The court reporter will issue a transcript; put together a record of appeal,” Gottfried said.

“One of our lawyers is assigned to read and go over the files, compiles a brief and files it to the Supreme Court.”

Ferguson said the attorney for the appellate defender’s office is working on the brief. “They received an extension until some time in early November to issue their brief,” he said.

The state then files a response.

Grounds of appeal must be established and a date will be set for oral arguments, in the form of The State of Illinois v. Mertz.

During oral arguments, the appellate defender and attorney general will present their cases of either why Mertz’s conviction and sentence are unjustified, or how his crimes are worthy of the sentence, respectively.

“The state supreme court will either grant relief or affirm the trial court decision,” Gottfried said.

If relief is granted, the case will go back to trial court, “before the same judge that did the sentencing.”

Should the Supreme Court honor the trial court decision, the defender could appeal federally with constitutional violations.

“Most people with the death penalty do that,” Gottfried said.

However, the U.S. Supreme Court sees very few of the cases turned over to it.

Mertz was convicted in February of breaking into the Charleston residence of fellow Eastern student Shannon McNamara, strangling her to death with a washcloth and then sexually assaulting and stabbing her in June 2001.

During the sentencing phase, Mertz was connected to the June 1999 murder of Charleston resident Amy Warner, who suffered injuries similar to McNamara’s.

He was also linked to the Feb. 13, 2000 arson that destroyed an apartment building at Fourth Street and Buchanan Avenue. Damage was then estimated at $2.5 million.

Mertz was a nearby resident and was quoted in regard to the fire in the Feb. 14, 2000 edition of The Daily Eastern News.

City editor Carly Mullady can be reached at [email protected]