Thursday, December 20, 2001—Marilyn Lemak's mind was sound and her motive was vengeance on the late winter day when she drugged her daughter and two sons and then smothered them with her hands, a DuPage County jury decided Wednesday.
Rejecting any notion that the Naperville woman was mentally impaired on March 4, 1999, the six-man, six-woman jury deliberated for nearly 10 hours before finding her guilty of murder.
When Lemak couldn't manipulate her estranged husband any more, jurors said, she looked for retribution. "She had anger toward David Lemak," said juror Giovanni Lombardo. "She had jealousy ... and revenge."
Several jurors said the most convincing testimony came from Tammy Bottigliero, a friend who encountered an obviously distraught Lemak hours before the murders and offered to baby-sit the children. She testified that Lemak responded with an adamant "No!"
Had Lemak accepted her offer, "it would've interfered with her premeditated plan to kill her children," Collins said.
Jurors said they took at least five votes over two days. In the first, a secret ballot, 11 voted for either guilty or "guilty but mentally ill," jurors said. One juror voted for "not guilty by reason of insanity" but quickly switched when she learned she was the only not guilty vote, other jurors said.
The rest of the deliberations were a reasoned discussion over whether Lemak had some sort of mental impairment or whether her actions were calculated, said Collins, whose own guilty vote never changed.
The uncompromising verdicts stood in sharp relief to the words that followed outside the courtroom from Lemak's former husband, physician David Lemak, the father of the slain children.
Struggling to maintain his composure, he insisted he had always loved "Lynn" and refused to call for her execution, saying that was the prosecutors' decision to make.
He urged others to draw lessons from the tragedy. "All of us, every one of us, has the potential to do terrible things," Lemak said. "And if we can accept that possibility and understand that it's simply a choice to say `no' to those urges, then we can really live our lives well."
Lemak held up a framed photograph of himself with the three children, each grinning broadly as they hugged their father. "Certainly, one of my regrets," he said, "is that I won't have a chance to see what kind of impact on the world they could have made."
DuPage County State's Atty. Joseph Birkett said his office will review whether to ask Judge George Bakalis to sentence Lemak to death; her minimum sentence would be life in prison. Birkett invited lead defense attorney John Donahue to provide him with any additional information to help make that decision. Both sides will file pre-sentencing motions by Feb. 13. Early this year, Birkett offered the 44-year-old Lemak life in prison, but she rejected it.
Lemak, who had quaked and rocked throughout much of her three-week trial, sat nearly still as a court clerk read the unanimous verdicts in order of the young victims' births: first Nicholas, 7, then Emily, 6, and finally Thomas, 3.
David Lemak clenched his jaw and squeezed the hand of his wife, Janice, whose relationship with him provided the trigger for the slayings, according to prosecutors.
Lemak's father, William Morrissey, bit his lips as the verdicts were read, his eyes welling up with tears, as he grabbed the hand of his wife, Carol. "We're completely devastated," Morrissey said outside the courtroom. "We never expected this verdict."
Defense to appeal
Donahue vowed to appeal on behalf of the Morrisseys. "They love their daughter, and they certainly don't want her subjected to the death penalty," he said. "We'll fight tooth-and-nail to avoid that."
Soon after resuming deliberations Wednesday morning, jurors had asked the judge for notes that two forensic psychiatrists--Lyle Rossiter for the defense and Syed Ali for the prosecution--had taken of their jailhouse interviews with Lemak.