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People v. Mertz11/17/2005
he temporary Internet files on defendant's computer. Although pornography was viewed on the computer, no pornography was saved in a separate file. Cavallini acknowledged that he found articles on the computer concerning the manufacture of methamphetamine and racism. He found multiple pictures of Nazi war flags and symbols, as well as files pertaining to "White Pride Worldwide." Cavallini admitted that the Illinois State Police had "followed sound forensic principles" in their analysis of defendant's computer files.
Christina Mertz, defendant's older sister, testified that she, defendant, and their sister lived with their natural mother prior to moving in with their grandmother. She stated that her mother's house was dirty, insect-ridden, and cold. She felt wanted and loved when they lived with her grandmother.
When their father remarried, they moved in with him. He worked long hours and they really only saw him on weekends. Their stepmother was prone to mood swings and rarely came out of her bedroom. The children were not allowed in their parents' bedroom. The children stayed away from their stepmother as much as possible. Christina described an incident in her youth when her stepmother made her take off an outfit-which her stepmother deemed unacceptable-in front of her stepbrother and his friend. She was wearing only a bra and panties underneath the outfit. Christina testified that their stepmother punished them by spanking them with a "switch from a tree." Christina said she tried to take the blame whenever possible to protect defendant and Brandy.
When defendant was in the Marines, he told Christina he thought he had a drinking problem, and would try to quit, but he just continued to drink. She tried to get defendant to participate in a residential program with the Veteran's Administration before he went to college, but defendant refused. Christina said her uncle Mike also had problems with alcohol, as did two cousins, though she did not provide details.
Christina described her family as the "epitome of dysfunctional." She claimed, a few years prior to her testimony, defendant told her he had had a sexual encounter with their stepsister, Rose. Although Christina had never seen defendant with their natural mother, she acknowledged that defendant was very close to their grandmother. She remembered defendant as a "goofy little boy who was always happy up until * around junior high school."
Under cross-examination, Christina admitted that she-notwithstanding her difficult childhood-has had a successful career in, and associated with, the Air Force. Moreover, she noted that defendant was able to control his drinking, or even abstain, when he visited her.
Barry Hargan, a forensic consultant focusing on substance abuse evaluations, testified that he rendered opinions on "addictive disorders," and he conducted a study of defendant. As a part of that study, Hargan spoke with defendant and his sister, and reviewed defendant's "records." Hargan determined that defendant satisfied the criteria for alcohol dependence. Moreover, Hargan believed defendant's dependence was genetically influenced. He stated there was "a family history on both sides of the family including his father, his uncle, his grandfather, and there was also suspicion that his mother was also involved in alcohol abuse too." Hargan concluded, " he family history was quite significant from a hereditary or genetic perspective that Mr. Mertz's alcoholism was genetically influenced." Hargan also addressed the phenomenon known as an "alcoholic blackout." Hargan testified that a "blackout" refers to a state of mind during which the intoxicated person is unable to form memories of what he or
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