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State seeks death penalty
State's attorney confirms motion after Mertz pleads not guilty
Meg McNichols
Issue date: 9/6/01 Section: News
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In a pretrial conference hearing Wednesday, State’s Attorney Steve Ferguson confirmed a motion to seek the death penalty for the 25-year-old Mertz, who was also an Eastern student.
“We did what we could to avoid this stage, but when he pleaded not guilty these are the steps we have to take,” Ferguson said.
Circuit Court Judge Dale A. Cini presided over the less than twenty-minute conference.
The defense attorney for Mertz, Lonnie Lutz, responded to the state’s motion by asking for an extension to prepare for the impending trial.
Lutz requested to vacate the trial date, originally set for Sept. 18, and take 30 additional days to contact the capital litigation trust fund, which Lutz said could provide co-counsel for Mertz, as well as funding for further investigation into his case.
Both Ferguson and Mertz consented to the extension, which will erase a 120 day grace period the state has to go to trial effective from the day Mertz was arrested.
During the conference, Cini’s only substantial comments were to review Mertz’s legal rights.
“Do you know that it is the intent of the state to seek the death penalty if you are convicted?” Cini asked.
Mertz answered “Yes, your honor.”
Mertz is accused of the June 12 murder of McNamara, whose cause of death was determined as asphyxiation. Police also reported she was stabbed and sexually assaulted post mortem.
Police arrested Mertz after evidence, including a credit card found in McNamara’s apartment, at 1125 Fourth St., with his name on it, was found.
Mertz lived across the street from McNamara where police found a knife in a dumpster matching the same brand of knifes found in her apartment.
Lutz said he was not surprised by the state’s motion to seek the death penalty. He also mentioned that there is a strong possibility for a change in location of the trial.
“Venue change is always a possibility in these types of cases,” Lutz said.
A court date of Oct. 2 has been scheduled for a case management conference. A new co-counsel could be there with Lutz to help represent Mertz at the trial, Lutz said. He did not know if he would remain lead counsel if another attorney is found to assist in the defense.
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