Leslie Demeniuk

Case record: Leslie Demeniuk

Background

Leslie Demeniuk was a mother accused of murdering her twin 4-year-old sons, James Richard and John Thomas, in 2001. She admitted using a .357 Magnum given to her by her father to shoot her twin sons on March 17, 2001, but claimed she was not guilty by reason of insanity.

During her trial, defense arguments focused on alleged temporary insanity caused by prescription drugs and alcohol. The prosecution argued that Demeniuk knew what she was doing despite drug and alcohol use.

Demeniuk’s lawyers asserted that the combination of prescription drugs and alcohol contributed to her mental state at the time of the offense. Demeniuk’s lawyers specifically argued that the mixture of antidepressants with alcohol contributed to her actions when she shot her sons. The defense also argued that she was delusional when she shot the boys.

Prosecutors said Demeniuk killed the boys to hurt her soon-to-be-ex-husband, and that she had a history of drug use. They argued that she knew what she was doing and should spend the rest of her life in prison.

The offence

On March 17, 2001, prosecutors said Leslie Demeniuk shot and killed her twin sons in their home while they watched television. Prosecutors said the killings were premeditated and cold-blooded.

In opening statements, Assistant State Attorney Noah McKinnon said:

"She put the gun to his forehead and pulled the trigger," Assistant State Attorney Noah McKinnon said during his opening statement Friday. "There's an explosion, blood everywhere, she even found skull fragments on her body."

Court testimony included descriptions of her admissions and actions at the time of the killings. A statement read in court included the following:

"When I got back in the room, I shot both boys in the head. I think I shot Jamie first. I think I shot one of them twice. I don't know what was going through my head. I heard one of the boys still breathing."

An emergency room physician, Dr. Karen Flek, described Demeniuk’s statements at the scene, saying:

"The police officer asked if she knew why she was there, and she stated that she shot her baby. She told police that the gun was in the house, that it was her father's gun, she got it out of the closet and then shot her children,"

Prosecutors described the sequence as Demeniuk firing a revolver through one son’s skull, then chasing the fleeing twin brother and shooting at him twice before fatally hitting him in the ear, according to prosecutors in the report of her first-degree murder trial.

Demeniuk’s defense did not dispute that she killed the boys. Instead, it argued she was not guilty by reason of insanity.

Investigation

Lead detective Sgt. Jay Lawing described crime scene evidence at trial, including the clothing the boys were wearing.

The jury heard evidence about a statement signed by Leslie Demeniuk that was read in court. The statement included admissions that she shot both boys in the head, and described hearing one boy still breathing.

Arrest

A case timeline stated that March 17, 2001 was the date Leslie Demeniuk was arrested after authorities found her twin 4-year-old sons, James and John, shot to death in a Sawgrass condominium in Ponte Vedra Beach. The timeline stated that she was passed out on a bed, with the gun in her hand, police said.

Trial

Jury selection and pretrial rulings

Jury selection began Monday in the murder trial of a Ponte Vedra mother accused of killing her two sons almost five years ago. Prosecutors said Leslie Demeniuk shot and killed her twin 4-year-old sons—Jamie and Johnny—at their father’s home in Sawgrass Country Club in March 2001.

The defense was expected to present an insanity defense. Judge John Alexander ruled there was not enough documented science to bolster the legal claim that insanity resulted from the mixture of antidepressants and alcohol. The decision was upheld on appeal to the Florida Supreme Court.

The state planned to seek the death penalty, but changed its minds two weeks before trial began.

A case timeline noted that Dec. 22, 2005: the state filed a waiver saying it would not seek the death penalty.

A case timeline also included: Jan. 3, 2006: Jury selection scheduled.

Opening statements

Prosecutors explained to the jury how Leslie Demeniuk got her gun, loaded it, and gunned down her sons as they watched TV.

In her defense opening, William Sheppard argued that prescription drugs and alcohol combined to create a mind-altering state and that Demeniuk did not decide to kill her children in the ordinary sense that a sane mind would decide to perform such actions. Sheppard said:

"When she was taking these medicines and experiencing these side effects, the evidence will show, Leslie did not decide to kill her children in the ordinary sense that you and I would decide to go buy a car or pick up groceries," defense attorney William Sheppard said in his opening statement. "An action ... that a mind decides to do is not necessarily an action of a sane mind."

Prosecution evidence and witnesses

Prosecutors said Demeniuk had mixed anti-depressants with alcohol on the day of the murders. According to court documents, her blood alcohol was measured at three times the legal limit in one report.

Testimony included the victims’ father, Tommy Demeniuk, who testified that his ex-wife drank heavily and that he feared she was not providing adequate care for their sons.

Prosecutors called Sgt. Jay Lawing to describe crime scene evidence.

Prosecutors also presented evidence including the 911 call tape made by Anthony Ortiz when he discovered the boys dead.

According to the description in court reporting, Demeniuk wiped away tears as the 911 tape played in the courtroom.

In closing arguments, Assistant State Attorney Noah McKinnon told the jury:

"It took time and the intent to kill was in her mind when she looked him in the face, put the gun to his forehead and pulled the trigger,"

McKinnon also said:

"All of the telephone calls, that day, were not psychotic. All of her actions, that day, were not psychotic,"

Defense evidence and witnesses

The defense called psychologists and experts to support an insanity defense.

On Jan. 11, 2006 reporting, the first defense witness was psychologist Dr. David Menkes. Menkes practices medicine in Britain and specializes in treating depression. Menkes said:

"Given the particularly horrific details of what happened on March 17, 2001, I was very motivated to try to understand the best I could, what happened and how it happened,"

Defense counsel argued that the combination of two anti-depressants—Zoloft and Paxil—along with the sedative Zantac and alcohol contributed to her actions and left her temporarily insane.

Menkes confirmed that the side effects from the combination of drugs could be severe, saying:

"What worries me is that it is often done without a great deal of planning or monitoring. Of course the possibility of a side effect of two drugs is much greater than with one drug at a time,"

On Jan. 12, 2006 reporting, Menkes testified about dangerous side effects associated with combining different medications. Menkes said:

"I believe she was certainly insane and at the period when she decided to shoot the children, retrieve the weapon, load it, come back in and do the deed,"

During cross-examination, prosecutors questioned Menkes, and Menkes responded:

"Yes, I do believe she knew what she was doing, she knew the consequences, but she did not know that it was wrong,"

Forensic expert Dr. Ernest Miller told the court he did everything in his power to find out why Demeniuk killed her sons, and that it was not easy to find an answer. Miller said:

"The fact that she had four years of bonding, extensive bonding, and ended up using a .357 Magnum to end a relationship -- it's unbelievable and hard for me to accept,"

Miller said he believed Demeniuk was psychotic during the murders, and said she was suicidal and could not separate herself and her misery from her children. Miller said:

"She believed that at the point of the crime, that the world was so terrible and so horrible that she did not think she could live and she was so bonded pathologically and strongly with her children that she included them in the act,"

Miller also mentioned adverse side effects of combining medications and said he believed Demeniuk had a psychotic episode the day of the crime.

On Jan. 13, 2006 reporting, defense psychologist Dr. Ernest Miller again testified that Demeniuk was delusional when she gunned down her twin sons in 2001.

The prosecution rebuttal witness was psychologist Dr. Barbara Kirwin. The report stated that Kirwin examined Demeniuk over three days in 2003 and told the jury it was her opinion that Demeniuk was not insane and knew exactly what she was doing when she killed her sons. Kirwin said:

"My opinion is that at the time of the offense, Leslie Demeniuk did not suffer from a mental disease or defect and that she was sane in the sense that she knew what she was doing. She understood the wrong things that she did."

Kirwin testified that Demeniuk told her of a long history of substance abuse and that Demeniuk stated to her she had used alcohol and other substances including marijuana, LSD and cocaine. Kirwin said:

"She had stated to me that she had used alcohol and other substances including marijuana, LSD and cocaine,"

Kirwin testified about the manner in which Demeniuk ended her marriage with her husband, stating:

"She notified him about her decision to terminate the marriage when he was away on a ship, on a ship-to-shore telephone call, which struck me as a pretty -- kind of, a cruel way to terminate a marriage," Kirwin said.

During cross-examination of Kirwin, the subject of the murder weapon became heated, according to the reporting. Defense attorney Bill Sheppard demanded Kirwin read the section about the gun. Kirwin said it was mentioned, however, between her and Demeniuk.

Defense closing arguments and prosecution closing arguments

In closing arguments, defense attorney Bill Sheppard disagreed with the prosecution and claimed prescription drugs and alcohol mixed to cause Demeniuk to become temporarily insane. Sheppard said:

"Why it happened was because Leslie Demeniuk did not know the difference between right and wrong at the precise moment that she pulled the trigger,"

Sheppard continued:

"The only explanation for these hideous actions is that she thought she was saving her children. She was taking them to a better place. It was because of a total delusion."

Verdict and jury deliberations

Nearly five years after her twin boys were shot to death, a jury found Leslie Demeniuk guilty of two counts of first-degree murders.

The jury deliberated for about three hours to find her guilty. The jury began deliberations at about 4:30 p.m. Monday and resumed just after 9 a.m. Tuesday, returning to the courtroom just over one hour later with the verdict: guilty as charged.

The report stated that Demeniuk showed no reaction when the verdict was read. Her boy’s father, Tommy Demeniuk, was emotional and did not comment.

A juror told reporters they were absolutely exhausted from two weeks of testimony and jury selection, and that they asked to be recessed Monday night to come back Tuesday morning to look more thoroughly at the evidence.

The juror also said a key point in determining the verdict was the blood alcohol level in Demeniuk’s system on the day of the murders—more than four times the legal limit.

There was no word Tuesday night whether Demeniuk would seek an appeal. The judge said he would sentence her within 30 days.

Sentencing

Leslie Demeniuk was sentenced to two consecutive life sentences, one for each of the little boys, on January 26, 2006.

At sentencing, her attorney argued Demeniuk shot and killed her boys because prescription drugs caused her to be temporarily insane, but the jury did not buy the story. Nobody took the stand in defense of Leslie Demeniuk.

Her stepfather, Eric Shoenig, told reporters after the hearing that she was a victim too. Shoenig said:

"The gun that really killed our grandsons was not the gun that Leslie Demeniuk fired, but the gun that the pharmaceutical companies put in her hand,"

Her lawyer asked the judge to set aside the verdict, but that was denied.

Appeals

The pretrial ruling allowing limitations on evidence about the insanity defense due to lack of documented science was described as being upheld on appeal to the Florida Supreme Court. The case timeline also described an appellate sequence involving:

• March 2004: The 5th District Court of Appeal granted a delay so prosecutors could argue against Mathis’ ruling.
• August 2004: The appellate court sided with the state; the hearing returned to St. Johns County. Circuit Judge John Alexander replaced Mathis and ruled that the science behind the insanity defense was not generally accepted and couldn’t be presented as fact.

Other details

People

• Leslie Demeniuk: defendant; mother of twin 4-year-old sons James Richard and John Thomas; admitted shooting the boys but claimed insanity.
• James Richard Demeniuk and John Thomas Demeniuk: Leslie Demeniuk’s twin 4-year-old sons.
• Tommy Demeniuk: the boys’ father; ex-husband of Leslie Demeniuk; provided victim impact statements and testimony.
• Eric Shoenig (also reported as Eric Schoenig in one section): Demeniuk’s stepfather; spoke to reporters after the verdict and sentencing.
• Anthony Ortiz: former boyfriend of Demeniuk; testified about her behavior and made the 911 call after finding the boys’ bodies; said he still loved Demeniuk.
• Dan Leveton / Dan Levington: reporter referenced in the reporting as speaking with a juror and reporting comments.
• Judge John Alexander: circuit judge ruling on evidence related to insanity defense science.
• Circuit Judge Robert Mathis: referenced as issuing a ruling that psychiatrists’ testimony would be allowed as "pure opinion."
• Assistant State Attorney Noah McKinnon: prosecutor who gave opening and closing remarks.
• Defense attorney Bill Sheppard: attorney who argued the insanity defense based on drugs and alcohol.
• Psychologist Dr. David Menkes: defense witness; specialized in treating depression.
• Forensic expert Dr. Ernest Miller: defense witness.
• Psychologist Dr. Barbara Kirwin: prosecution rebuttal witness.
• Lead detective Sgt. Jay Lawing: prosecution witness who described crime scene evidence.
• Dr. Karen Flek: emergency room physician referenced in testimony about Demeniuk’s statements.
• Prosecutor Noah McKinnon: quoted in connection with closing arguments; also described during opening statement.

Drugs and alcohol mentioned in the reporting

The reporting included discussion of:

• Zoloft and Paxil (antidepressants)
• Xanax (described in one report as part of a combination)
• Zantac (sedative, mentioned in defense argument to Menkes)
• alcohol and bourbon and beer (described in the opening statement report)
• marijuana, LSD and cocaine (reported as substances Demeniuk told Kirwin she had used)

Statements and quoted remarks from named individuals

Anthony Ortiz’s quoted remarks included:

"I knew something was going to happen, I just never dreamed it was going to be this," Ortiz said.

"I feared for her own life. I never thought this would happen."

Ortiz said he still loved Demeniuk and stated:

"I'll always stand by her side,"

He said:

"I'll always be there when they go to court. I'll always try and help her. I believe in her 100 percent."

Ortiz also described medication-related changes and said:

"She was a free spirit, and the thought of her taking this drug...,"

Ortiz said:

"I knew that there was something wrong; it was not the medication she should have been prescribed."

Ortiz said Demeniuk even went to the doctor with her concerns and her medication was changed from Zoloft to Paxil, and reported:

"Two days later, Ortiz walked in to find her two boys shot to death."

During testimony Ortiz described her behavior:

"She didn't sound right. Something was getting worse. It sounded worse," Ortiz said.

Ortiz said she slapped him and punched him, and stated:

"I still loves Demeniuk."

He testified about the medication and behavior, and the report stated he handed out flyers outside the courtroom that read: "Exposing the Truth. Is Your Medication Loaded?"

In discussing the verdict and appeal, Eric Shoenig made the remark:

"Our hands were tied in a big wad," said Eric Schoenig, Demeniuk's stepfather.

He said:

"We could never talk about the SRIs (the anti-depressants Demeniuk was taking), how they might have affected our daughter. It's a shame; it really is a miscarriage of justice."

Timeline

• March 17, 2001 — Authorities found Leslie Demeniuk’s twin 4-year-old sons, James and John, shot to death in a Sawgrass condominium in Ponte Vedra Beach; Leslie Demeniuk was passed out on a bed with the gun in her hand, police said, and she was arrested.
• May 2001 — Leslie Demeniuk pleaded not guilty.
• May 2001 — Prosecutors announced they would seek the death penalty.
• February 2003 — Demeniuk changed her plea to not guilty by reason of insanity.
• February 25, 2004 — The first day of a hearing about the insanity defense that ended a week later with Circuit Judge Robert Mathis saying he would allow psychiatrists’ testimony as "pure opinion."
• March 2004 — The 5th District Court of Appeal granted a delay so prosecutors could argue against Mathis’ ruling.
• August 2004 — Appellate court sides with the state; the hearing returned to St. Johns County; Circuit Judge John Alexander ruled the science behind the insanity defense was not generally accepted and couldn’t be presented as fact.
• December 22, 2005 — The state, led by a new prosecution team after the resignation of Assistant State Attorney Maureen Sullivan Christine, filed a waiver saying it would not seek the death penalty.
• January 3, 2006 — Jury selection scheduled.
• January 26, 2006 — Leslie Demeniuk was sentenced to two consecutive life sentences.
• January 27, 2006 — News reporting described the mother who murdered her twin 4-year-old sons in 2001 spending the first night of her two life sentences behind bars.