New trial denied, sentencing delayed for Cape Coral mother who starved son to death

The Cape Coral mother found guilty of first-degree murder after her 18-month-old son died of starvation will continue to wait for her sentence.

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 was initially scheduled to be sentenced in July, but the first sentencing was delayed because the pre-sentencing investigation from the Department of Corrections was not completed. Sentencing was postponed on August 8 and again on Monday.

The latest delay was due to O’Leary’s attorney not saying he did not have access to the pre-sentencing investigation until shortly before she was set to be sentenced.

O’Leary’s attorney previously introduced a motion asking for a new trial arguing that her charges of first-degree murder and aggravated manslaughter of a child violated double jeopardy rules. Prosecutors argue that the charges do not fall within double jeopardy rules in her case.

The motion also argues that the jury was not properly informed of the penalties for a first-degree murder conviction.

A judge on Monday denied the motion for a new trial. O’Leary is set to be sentenced on August 26.

Sheila and Ryan O’Leary were accused of starving their 18-month-old son to death and neglecting their other three children, causing one to need surgery because her teeth were so rotten. They were ages 3, 5, and 11 years old at the time of the arrest in November 2019.

The mother called 911 in September when she noticed her son was not breathing and felt cold, according to a police report. She tried to resuscitate the baby, but he was dead when paramedics arrived.

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