A defense motion to have a fitness reexamination done on a Chicago man charged with escape from the Vandalia Correction Center was denied in Fayette County Court on Friday. 23-year old Marcus Battice appeared in court Friday for a motion hearing as public defender Ed Potter argued for the re-appointment of Dr. Cuneo for another fitness examination to prove that Battice suffered from insanity at the time of the escape. Dr. Cuneo has previously found Battice unfit to stand trial after Dr. Frederick Klug found Battice fit prior to that examination and then the Department of Human Services within the last few months found Battice once again fit for trial. Judge Don Scheafor denied the motion for re-appointment as the defense must provide evidence of the defendant being unfit at the time of the crime. As Potter stating he would be seeking medical records from prior to the incident in September 2014, the matter was reset for another fitness hearing on October 19 at 1pm. After the hearing, Battice was booked back into the Fayette County Jail after previously being with the Department of Human Services until he was found fit to stand trial.