Sentencing moved for Cape Coral mom found guilty of starving son to death

The sentencing of a Cape Coral mom who was found guilty of first-degree murder after her son died of starvation has been delayed.

For some unknown reason, the pre-sentencing investigation from the Department of Corrections did not get done.

Despite that, there was still drama in the courtroom on Monday. First, O’Leary’s lawyer filed a motion asking for a new trial, surprising O’Leary, and she asked for a public defender to take over her case and appeal.

The judge asked O’Leary why she wanted new representation.

“I don’t believe that he spoke in my defense during the trial,” O’Leary told the judge.

“Ma’am, are you asking Mr. Hollander to withdraw at this time? He’s filed motions for a new trial, which we have not heard. Of course, if you get new counsel, those motions would be moot and would be stricken, and you would have to wait and see if your new counsel would think it’s a prudent thing to file or not,” said Judge Bruce Kyle.

In the end, O’Leary agreed to keep her current attorney on board. Her appeal for a new trial would be delayed if she dropped him now.

O’Leary said she would ask for a new attorney if she gets the new trial.

The motion for a new trial argues that the aggravated manslaughter of a child conviction falls under double jeopardy rules because she was already convicted of first-degree murder. The motion also argues that there were other issues with the case.

Sheila O’Leary was found guilty of first-degree murder, aggravated child abuse, aggravated manslaughter of a child, child neglect, and child abuse on June 28. She had previously rejected a 30-year plea deal offered by the state.

O’Leary is facing a possible sentence of life in prison.

Following the guilty verdict, O’Leary’s attorneys said they were disappointed with the outcome.

The judge decided to move sentencing to a later date. The new date for O’Leary’s sentencing is August 8. WINK News will be there to bring you the latest.