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People v. Mertz11/17/2005
nths after the murder, that she would love defendant even if he had murdered McNamara. She said the police tried to get her to say that.
Jack Smith, a licensed private investigator , also testified for the defense. In support of defendant's contention that he had cut his hand on a broken shot glass, Smith testified that he did in fact recover a broken shot glass from a trash can in defendant's apartment.
Defendant was advised of his right to testify, and declined the opportunity. Following closing arguments, the jury was instructed on the applicable law, and subsequently returned verdicts finding defendant guilty of first degree murder, home invasion and aggravated criminal sexual assault.
The jury subsequently found defendant eligible for the death penalty in that defendant was at least 18 years old and had committed the murder in the course of another felony, i.e., aggravated criminal sexual assault or home invasion. See 720 ILCS 5/9-1(b)(6) (West 2000). The matter proceeded to the aggravation/mitigation phase of sentencing.
The State first called Cathy Boyer. Boyer testified that she resided in defendant's apartment building in September of 2000 and, on one occasion, awoke to find defendant sitting in a chair in her apartment, watching television. She had not invited defendant into her apartment, and he did not have permission to be there. He appeared to be drunk. Boyer stated that defendant had previously opened doors in the building with a credit card and a knife. She knew him to be violent when he drank.
Roger Hudson, a foreman at Eastern Illinois University's building services department, testified that defendant was a student worker under his supervision. Hudson said that defendant expressed an interest in female athletes. In the summer of 2000, Hudson was present when defendant said something to the basketball coach's daughter. When she walked on without replying, defendant commented that he "ought to slap the tan off her face." Hudson said he was aware that another building service worker had sold defendant a 9-millimeter pistol. Finally, Hudson testified that defendant had come to work one day in 2001 and commented that he had gone to Terre Haute, Indiana, "to the McVeigh execution[,] around through there." Defendant referred to the scene as a circus. After a few minutes, defendant stood up and said-apparently in reference to the McVeigh execution-"We the people, of the people, killing our own people." Defendant then walked out of the room.
Bobby Livingston, a building service worker with the university, testified that defendant had expressed sympathy for the "folks" in "Waco" and "Weaver Ridge." According to Livingston, other employees were afraid of defendant. After defendant was arrested for McNamara's murder, Lacie McDaniel, a student worker, told Livingston she had opened a closet door and had seen defendant "standing on the sink, doing something up high." Livingston and McDaniel went down to the janitor's closet. Livingston lifted a ceiling tile and observed the "butt of a gun."
John Blevins, a Charleston police officer, testified that Lacie McDaniel had advised him that on June 12, 2001, at approximately 5:30 p.m., she observed defendant standing on a sink in a janitor's closet with his hands above his head. When McDaniel told other building workers, they went to the closet and discovered a weapon. Blevins subsequently removed a .22-caliber revolver from ceiling tiles in the closet.
Blevins also testified that on April 12, 2001, at approximately 3:45 a.m., he was dispatched to 1128 Fourth Street in Charleston to investigate a report of two men fighting. Upon his arrival, Blevins heard a woman scr
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