Catherine Fencl pleaded guilty to killing an 8-month-old infant, but walked out of a Belleville courtroom Wednesday afternoon after a judge sentenced her to probation.
Fencl, 26, originally was charged with first-degree murder in the death of a neighbors child, Christopher Thayer, who died from a closed head injury March 14, 2003, but prosecutors amended the charge, and her defense lawyer asked for probation instead of a prison sentence.
“I know no one walks out of here happy,” said St. Clair County Circuit Judge John Baricevic, who accepted Fencls plea and sentenced her Wednesday afternoon.
Fencl pleaded guilty but mentally ill to an involuntary manslaughter charge. She suffered from bipolar disorder at the time she pushed Christopher against a coffee table, causing numerous skull fractures, according to a report by psychologist Daniel Cuneo.
Assistant States Attorney Jim Piper dismissed the first-degree murder charge and charged her with involuntary manslaughter Wednesday. The murder charge carried a mandatory natural life sentence due to Christophers age. Piper argued Fencl should receive 10 years in prison — the maximum allowed for involuntary manslaughter.
But John OGara, Fencls defense lawyer, argued that she has paid for her crime. After her arrest, Fencl remained in jail for more than two years. During that time, Fencls daughter was molested and her mother committed suicide.
During the hearing, Baricevic stated he didnt believe a 10-year prison sentence would survive an appellate challenge.
“I think a five-year sentence would,” Baricevic said, but then noted with credit for time spent in jail awaiting trial, Fencl could be eligible for release in five months without supervision or conditions.
Baricevics sentence requires Fencl to remain on home confinement for 300 additional days, then serve more than two years on probation.
“We want to ensure you continue with treatment and medication,” Baricevic told Fencl.
Fencls friends, relatives and social workers testified on her behalf, telling the judge she was a “Supermom” who gave great birthday parties. They asked for mercy so Fencl could return to her children.
Angel Santos, a foster care case manager for Catholic Charities, stated Fencls children already would have been returned to her care but for the uncertainty about whether she would face a long prison sentence.
In her statement to the court, Karen Demond, Christophers mother, chronologically detailed the events of March 14, 2003 — the day her youngest child died. She recounted dressing and packing the children for a doctors appointment, then visiting her next door neighbor — Fencl.
Fencl agreed to watch Christopher and his brother while Demond went to the pharmacy. When Demond got back to Fencls trailer at 1750 Roosevelt in Belleville, Demond noticed her son wasnt well. His condition worsened through the evening.
About 10 p.m., she called 911. She described looking through closed ambulance doors and watching Christophers heart monitor creating a flat line.
Doctors pronounced Christopher dead at St. Elizabeths Hospital in Belleville. Demond described lying on a hospital bed with her dead son, then walking out of the room.
“I turned around to look at him for the last time and I saw an angel there, pulling my son out of his body and taking him up,” Demond said. “Hes in heaven now.”
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