Marilyn Lemak

Case record: Marilyn Lemak

People

• Marilyn Lemak (also referred to in criminal court as Marilyn Lemak; born May 30, 1957) was the mother of the three children.
• Nicholas Lemak (7) was one of the children killed.
• Emily Lemak (6) was one of the children killed.
• Thomas Lemak (3) was one of the children killed.
• Dr. David Lemak (49; also described as 41 in a March 1999 report and 41 in another) was the children’s father and Lemak’s estranged husband.
• John Donahue was a defense attorney.
• Joseph Birkett was DuPage County State’s Atty.
• Judge George Bakalis was the DuPage County judge who presided over proceedings including plea and sentencing.
• Lyle Rossiter was a defense psychiatric expert.
• Syed Ali was a prosecution psychiatric expert.
• Tammy Bottigliero was a friend who encountered Lemak hours before the murders and offered to baby-sit.
• Lataurus Collins (21) was a juror.
• Giovanni Lombardo was a juror.
• Tom O’Meara was a juror.
• Jury members deliberated on the verdict and discussed mental-health questions.
• Robert Hubbard was a family physician who testified at a pretrial hearing.
• Dr. Arden Barnett was a psychiatrist who examined Lemak at Edward Hospital.
• Mike Cross was a Naperville Police Detective.
• Robert Marshall was a Naperville Police Capt.
• William Morrissey was Lemak’s father.
• Carol Morrissey was Lemak’s mother.
• Carol (also referenced as grabbed the hand of his wife) is the spouse of William Morrissey in the narrative.
• Janice was David Lemak’s second wife.
• William Morrissey’s spouse was named Carol in the narrative.
• Robert Hubbard and the psychiatric experts were involved in mental-state discussions.

Timeline

• March 4, 1999 — Marilyn Lemak, 49, drugged and then murdered Nicholas (7), Emily (6), and Thomas (3), and attempted suicide.
• March 5, 1999 — Marilyn Lemak called 911 after the unsuccessful suicide attempt and identified that she had killed her children and that “it didn’t work.”
• March 6, 1999 — Police and officials held news conferences and described the scene and investigation.
• April 6, 1999 — Lemak entered a plea of not guilty; a defense psychiatrist found her unfit to stand trial, and she still was to be examined by a psychiatrist appointed by Judge Bakalis.
• April 1997 — Marilyn Lemak filed for divorce.
• Aug. 7, 1997 — the divorce case was dismissed after an apparent reconciliation and her request that it be dismissed.
• June 1, 1998 — Marilyn Lemak filed again for divorce.
• July 29, 1998 — Marilyn Lemak filed papers asking for exclusive possession of the home, citing stress and physical symptoms.
• September (year not specified) — the request for exclusive possession was denied and David Lemak stayed at home.
• Jan. 19 (year not specified) — a court document signed about child custody and visitation rights did not spell out the specifics.
• Feb. 25 (year not specified) — the couple were to appear in court again, but sources said neither party showed up.
• October 1999 — multiple court proceedings included testimony and discussion connected to Lemak’s insanity claim.
• December (year not specified) — a DuPage jury found Lemak guilty of murder after rejecting her insanity claim.
• Dec. 20, 2001 — a DuPage jury rejected an insanity claim and found Lemak guilty of murder after deliberating for nearly 10 hours.
• Feb. 13 (year not specified) — both sides were to file pre-sentencing motions.
• May 30, 2002 — Judge George Bakalis sentenced Lemak to life in prison without the possibility of parole.
• May 31, 2002 — coverage described the sentencing hearing.
• November 27, 2001 — coverage described the trial proceedings leading to jury deliberations.

Background

Marilyn Lemak was in divorce proceedings from Dr. David Lemak, an emergency-room physician associated with Hinsdale Hospital and its affiliate, Bolingbrook Medical Center. The couple had separated and David Lemak moved to a rented home down the street and later began dating a nurse at Hinsdale Hospital, where he worked. The narrative included that David Lemak’s second wife was named Janice, who took the stand and told the jury about harassing telephone calls, allegedly made by Marilyn Lemak, in the weeks leading up to the slayings.

Lemak sometimes appeared to neighborhood moms and children as one of the kids, including splashing in a wading pool, crouching to chat with visiting youngsters, and decorating her house for Halloween. She taught Sunday school at a local Unitarian church or was found helping children organize games at home.

Marilyn Lemak’s father, William Morrissey, and her mother, Carol Morrissey, appeared during court proceedings. Families attended hearings but declined to comment afterward.

The offence

Marilyn Lemak drugged and then murdered her three young children—Nicholas (7), Emily (6), and Thomas (3). Authorities said she suffocated them with her hands. Police described no evidence that the children had been given injections.

Naperville Police Detective Mike Cross described how Lemak sprinkled crushed tablets of the anti-anxiety tranquilizer Ativan onto a bagel for Nicholas to be told about dinner timing, stating that she “told [Nicholas] that Emily and Thomas would not be joining them for dinner,” and then gave him a bagel spread with crunchy peanut butter and sprinkled with crushed tablets of Ativan. Authorities said Nicholas played downstairs while Emily and Thomas were killed.

Investigators and prosecutors described that Lemak attempted suicide after the children were killed and that she survived. She was taken to Edward Hospital; she was listed in fair condition Friday evening.

During the 911 call, Lemak told the dispatcher she had killed her children and attempted suicide, and she also requested assistance including breaking the door open and referenced her dogs and a cat.

The scene included police testimony about a crumpled, blood-spattered wedding dress found in the bathroom floor. Authorities also described police finding, on the master bedroom dresser, a picture of David Lemak and his new girlfriend with a bloody X-acto knife stuck through the chest of his image.

Lemak’s defense described the act as the culmination of a years-long descent into serious mental illness and argued insanity. Prosecutors argued her motive was vengeance after her husband began dating.

Verbatim quotations (offence-related)

“My three kids are dead, and I . . . I wanted to be dead too but it didn’t work,” Lemak told a police dispatcher.

“I did it,” Lemak said.

“My husband didn't want us anymore. You'll have to break the door. Okay?”

“My dogs are barking. The dogs are really nice. ... They're old, and they are real nice. And one little cat. Don't let 'em let the cat run out.”

“I gave my kids some of the Ativan,” she said.

“The Ativan,” she said.

“I did last night.”

“I didn't want to wake up this morning but I did. But the kids didn't.”

“They're . . . my kids. There's one right in here,” she said in an apparent reference to Emily, who was in Lemak's bed.

“There's two boys in the other two bedrooms,” she said.

“My daughter is in here.”

“Some guys are in here,” Lemak said.

Investigation

During a news conference late Friday at the Naperville Police Department, DuPage County State’s Atty. Joseph Birkett said there was no evidence suggesting a suspect outside the immediate family and that all evidence suggested a domestic homicide. He also said it was “nothing like” the 1982 Tylenol scare in Chicago area poisonings.

Officials said toxicology reports could take weeks. Naperville police said the bodies showed no signs of trauma.

The Major Crimes Task Force had been activated for the first time since its creation the year before. News coverage described the community reaction and the opening of Ellsworth School from 9 a.m. to noon Saturday with social workers to counsel children and families. Nicholas was described as a 2nd grader at Ellsworth, and Emily was described as in kindergarten.

Arrest and custody

After police received a 911 call from Lemak, authorities took action at the home. David Lemak sped past police barricades, parked, and ran up to the home on South Loomis Street and was stopped by police officers; neighbors said officers led David Lemak to a police car parked nearby, and while he sat inside talking to officers he suddenly broke into sobs.

Lemak was under 24-hour suicide watch at DuPage County Jail after she was taken into custody.

Trial

Plea and fitness

On April 6, 1999, Marilyn Lemak entered a plea of not guilty to nine counts of first-degree murder. Her defense attorney John Donahue stated that a psychiatrist hired by the defense determined that she was not fit to stand trial for the killings of Nicholas (7), Emily (6), and Thomas (3). Lemak still was to be examined by a psychiatrist appointed by Judge Bakalis, with that report expected in three weeks. Under Illinois law, a person was presumed to be fit unless the person could not understand legal proceedings or cooperate in defense. Judge Bakalis stated Lemak had been on mood-altering medications and at times had been catatonic and non-communicative.

Evidence and contested mental state

The narrative described a debate about whether Lemak was legally insane or criminally responsible. Prosecutors planned to seize on evidence of her thinking being sharp and described her plotting and attempts to conceal evidence. The defense planned to argue her mental state collapsed along with the breakdown of her marriage.

The trial included 911-call testimony. The 911 transcript was unsealed after a motion and arguments, with the judge initially not releasing the tape and transcript for examination by the news media and public.

A juror described the jury’s views on motive and mental state during deliberations:

“It was a heinous act,” said juror Lataurus Collins, 21, a UPS supervisor from Glendale Heights and single mother of a 14-month-old daughter. “I have little sympathy for her. I thought she was spoiled [and] controlling.”

“She had anger toward David Lemak,” said juror Giovanni Lombardo. “She had jealousy ... and revenge.”

Jurors described testimony from Tammy Bottigliero:

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 described taking votes including “guilty,” “guilty but mentally ill,” and “not guilty by reason of insanity,” and they stated jurors deliberated on mental impairment versus calculated actions.

Verdict

A DuPage County jury found Marilyn Lemak guilty of murder. Coverage described the jury deliberations as nearly 10 hours and described that it rejected any notion of mental impairment in connection with legal insanity.

Sentencing

On May 30, 2002, Judge George Bakalis sentenced Marilyn Lemak to life in prison without the possibility of parole.

During sentencing, Bakalis said Lemak would see the faces of the children and hear their young voices asking why she did what she did, and he stated he would order psychiatric services so she would “always maintain the capacity to understand the horror of your crime.” Lemak’s ex-husband, David Lemak, delivered a statement and described each child with:

“Let me tell you a little bit about ...”

The sentencing also included an account of the defense and prosecution positions. Prosecutors had decided against seeking capital punishment in January, and Bakalis said he was limited by Illinois statutes to the sentence he handed down.

Appeals

Lead defense lawyer John Donahue promised an appeal within 30 days.

The narrative described that at sentencing hearing Bakalis rejected arguments from defense attorneys who cited 17 alleged trial errors and asked for a new trial. Lemak’s attorneys had argued that Illinois’ insanity statute was unconstitutional, making it impossible for Lemak to receive a fair trial. They also argued that Janice should not have been allowed to take the stand to tell the jury about harassing telephone calls allegedly made by Lemak in the weeks leading up to the slayings, and raised concerns about a juror who had been quoted as thinking Lemak was guilty from the beginning. Bakalis rejected the arguments and refused a request to have the juror questioned.

Outcome

Marilyn Lemak was found guilty of murder and received a sentence of life in prison without the possibility of parole on May 30, 2002.

Aftermath

DuPage County State’s Atty. Joseph Birkett praised the sentence, and the narrative said Lemak would become an inmate serving the sentence “she richly deserves,” as quoted by Birkett.

David Lemak’s statement outside or during court proceedings included references to loss and grief. He said:

“I miss their smell after bath time and when they snuggled up with me on the couch,”

“I miss stroking their hair when falling asleep and feeling the tightness of their hugs. But I most miss just being their dad.”

He also said:

“I regret that I'll not be able to teach them to drive or where a baby comes from,”

and:

“I regret that I'll not see them off on their first dates or their weddings.”

His statement also included:

“There she will have to live each day with the knowledge of the horror she is accountable for. There, she cannot harm any of us ever again.”

The narrative also included that families quiet after hearing, and that Lemak’s parents and sisters attended the hearing but declined to comment afterward.

Other details

Names, relationships, and ages

• Marilyn Lemak was described as 49 in the account of the offence and as 44 in the account describing the sentencing and guilty verdict after an insanity claim rejection.
• David Lemak was described as 49 in the offence narrative and 41 in the early investigation reporting.
• David and Marilyn Lemak married in September 1985 and had the children: Nicholas 1991, Emily Christmas Eve the next year, and Thomas 1995.

Education and work

Marilyn Lemak obtained a certificate in operating room technology in 1977, after graduating from Carl Sandburg High School in 1974. She started classes at Rush College of Nursing during 1982. She was described as a nurse. Neighborhood descriptions included that she was involved with Sunday school and with children.

Divorce and medication-related details

• Lemak had taken medication for depression as described by Robert Hubbard, and she reported feeling better before the killings.
• In a conversation after the killings related to self-inflicted wrist wounds, Lemak told Hubbard that she had seen her husband with his new girlfriend the day before the killings and realized “she and her children were no longer the most important thing in his life.”
• Prosecutors alleged Lemak called a cleaning lady and told her not to come that day to be alone with her children.

Psychiatric testimony and experts

The narrative described testimony and expert involvement including:

• Dr. Arden Barnett, a psychiatrist who examined Lemak at Edward Hospital, testified at a 1999 hearing she believed Lemak was suffering from major depression.
• A defense psychiatric expert (Lyle Rossiter) took notes during jailhouse interviews with Lemak.
• Syed Ali took notes during prosecution jailhouse interviews with Lemak.
• Jurors asked for expert notes, and the judge refused because notes were not entered as evidence.
• Prosecutors and defense argued about the insanity defense, including that competing mental-health experts “largely canceled each other out” in juror discussion.

Court locations and procedural references

• Proceedings took place in a DuPage County courthouse described as a Wheaton courthouse.
• Lemak was described as being in Courtroom 4000 in the DuPage County Judicial Center.
• The children were described as living in a Victorian house.
• Addresses included “28 S. Loomis” in the 911 call transcript description and “South Loomis Street” in the early investigation account.

Verbatim quotations (court, jury, or trial narration)

“It is appropriate that every day as you look at the walls, the floor, the ceiling, the bars, you will see the faces of these young children and hear these young voices asking you, `Why, Mom? We loved you, Mom. Why did you do this to us?'” Judge George Bakalis said.

“so you will always maintain the capacity to understand the horror of your crime.”

“She cannot assist in her defense because of her mental condition.”

“Just because a person speaks to you and may speak what appears to be lucidly doesn't mean they're speaking rationally and in reality. The question is what is she communicating. "That's the problem."

“I have had to experience seeing photographs of their dead faces and see their three coffins in a cold cemetery,” Lemak said Monday.

“I have had to bear the comprehension that their deaths were not without pain, and that I could not save them.”

“I miss my children dearly. But I'm helped greatly by knowing that there are so many other people--family, friends, people that I barely know--who expressed to me their love for them.”

“Everyone in the world knows she committed the physical acts,” lead attorney John Donahue said outside an October 1999 court hearing. “But that's not the issue.”

“I think [Lemak] was guilty from the beginning,” a juror was quoted as saying in coverage after the trial.