FAYETTE COUNTY — A Fayette County judge today denied a motion for a third mental fitness evaluation of a 24-year-old Chicago man charged with escaping from the Vandalia Correctional Center in September 2014.

Dr. Frederick Klug last year found Marcus Battice was fit to stand trial; however, due to the defendant’s behavior in court after that first evaluation was submitted, the court ordered a second expert to perform a mental fitness examination on Battice.

The second expert, Dr. Daniel Cunero, submitted an evaluation in February of this year, and told the court that Battice was not fit to stand trial, and Battice was then turned over to the Department of Human Services for mental treatment.

In June of this year DHS submitted a report to the Fayette County Court, indicating Battice had achieved fitness to stand trial.

The defense then asked to have Cuneo perform another evaluation on Battice, this time to determine if the defendant was sane at the time of the prison escape.

Judge Don Sheaffor today denied the defense motion for a third evaluation of Battice, saying they must provide some evidence showing the defendant was not fit at the time of the offense.

The case is next scheduled for an October 19 motion hearing on the issue of fitness. Battice was ordered held until that time in the Fayette County Jail, but still in the custody of DHS, who is to provide the jail with the defendant’s medication list.