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People v. Mertz11/17/2005
offenses.
At the guilt phase of defendant's trial, the State adduced compelling evidence of defendant's guilt. As noted, his credit card was found on the floor of the victim's apartment in the area where the struggle had taken place. Moreover, scrapings from the victim's fingernails were analyzed and were found to be consistent with defendant's DNA profile. Testimony indicated that profile could be expected to occur in "one in 1.8 billion white unrelated individuals." Furthermore, shortly after the murder, investigating police officers observed marks on defendant's face, scratches on his neck, abrasions on his knees, and bruises on his arms and elsewhere on his body. In addition, a search of defendant's apartment revealed latex gloves secreted in a cloth bag. A box cutter was missing from defendant's place of employment.
Various witnesses testified that defendant frequently entered locked apartments-with and without authority-using credit cards to compromise the locks. One of defendant's friends testified that he had visited defendant a month before the murder and heard defendant mention the victim's name. The witness testified: " e was on a website and he was looking at sports teams that I think that she was involved with and there were bios on all of the girls and he mentioned her name." Another witness testified that she overheard defendant tell someone, during the initial stage of the police investigation, that there had been a "brutal knife murder" across the street from his apartment building. One of the police officers supervising the investigation testified that no one had been told there was a knife involved in the murder. Finally, two witnesses who were incarcerated with defendant at the Coles County Safety and Detention Center pending trial testified that defendant made admissions and other incriminating statements to them.
Defendant presented the testimony of another Coles County inmate who stated that the other inmate witnesses had fabricated their testimony to gain favorable treatment.
Defendant's former girlfriend, Tara Hofer, also testified on defendant's behalf. Hofer stated that she and defendant stayed at defendant's grandmother's house sometime prior to McNamara's murder. According to Hofer, she and defendant had sex that evening, and she noticed "rug burns" on defendant's knees when they got up the next morning. Hofer acknowledged she had been interviewed by police "on multiple occasions" following defendant's arrest. She could not recall whether she had ever told them about the "rug burns." Hofer also stated it was a common practice for students to use credit cards to open doors. Hofer further testified that defendant gave people permission to enter his apartment and access his computer equipment and belongings when he was not present.
Hofer stated on direct examination: "The police tried to get me to say that [defendant] had problem with women and that he was violent." She said that was not true. On cross-examination, Hofer admitted defendant had come home drunk one evening, pulled her hair, and threatened to kill her. The following colloquy ensued between the prosecutor and Hofer:
"Q: And did you tell Master Sergeant Bernardini that Mertz threatened to kill , break [your] neck, and threw you on the bed?
A: Yes.
Q: You told him that?
A: Yes.
Q: That was true, wasn't it?
A: Yes.
Q: And he placed his forearm across your throat and choked you?
A: Yes.
Q: And he doesn't have a problem with violence with women?
A: No."
Hofer denied that she had told police officers, three mo
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