Sentencing, new trial hearing, delayed again for Cape Coral mom in toddler death case

Michael Braun, Fort Myers News-Press
·2 min read
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A hearing for sentencing and a motion for a new trial for Sheila O'Leary, convicted on first-degree murder charges in the starvation death of her toddler son, has been delayed again.

O'Leary, 38, faced sentencing before Lee Circuit Judge Bruce J. Kyle on July 25, but the lack of a pre-sentence report and a motion for a new trial halted that hearing, rescheduling it for Monday.

She had been convicted June 28 of first-degree murder in the September 2019 death of 18-month-old Ezra O'Leary. She was also convicted of aggravated child abuse, aggravated manslaughter, child abuse, and two counts of child neglect.

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Late Friday court records listed the Monday hearing being cancelled and rescheduled for Aug. 15 before Kyle. Attorney Lee Hollander, representing O'Leary, said he assumes the pre-sentence report remains unfinished.

"No reason was given. I just received the order," Hollander said.

The pre-sentence report, conducted by the Florida Department of Corrections, investigates the background of a person convicted of a crime before sentencing to check possible extenuating circumstances which could influence a sentence.

At the July 25 hearing  Kyle said that because O'Leary is facing a possible life sentence, the pre-sentence report was ordered.

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When asked the time frame for completion, Francine Donnorummo, Special Victims Unit chief at the State Attorney's Office, did not know but was surprised it had not been completed.

Two new charges were filed Wednesday against Ezra's father, Ryan Patrick O'Leary, 33, who was already facing murder, child abuse and other charges in the starvation death of his son.

Ryan Patrick O’Leary and wife, Sheila O’Leary, were arraigned on charges of First Degree Murder, Aggravated Child Abuse, Aggravated Manslaughter, Child Abuse, and two counts of Child Neglect, December 23, 2019. An Aug. 22 trial call for Ryan Patrick O'Leary was cancelled Aug. 1 and a pre-trial conference scheduled Sept. 14, effectively delaying his actual trial.

Additionally, an Aug. 22 trial call for Ryan Patrick O'Leary, 33, was cancelled Aug. 1 and a pre-trial conference scheduled Sept. 14, effectively delaying his actual trial.

Charges of sexual assault on a victim younger than 12 and lewd and lascivious behavior/molestation on a victim young 12 were filed on Ryan O'Leary and he was in court for a first appearance on the new charges Wednesday.

Bond was set for O'Leary at $200,000 on both new charges and is to remain in custody on previous charges. He is also to have no contact with the victims.

His arraignment on the new charges is scheduled Aug. 8.

The O'Learys fed their children a raw vegan diet, which Sheila O'Leary said she supplemented Ezra's diet with breast milk.

Connect with breaking news reporter Michael Braun: MichaelBraunNP (Facebook), @MichaelBraunNP (Twitter) or mbraun@news-press.com. 

This article originally appeared on Fort Myers News-Press: Hearing for Sheila O'Leary in toddler death case delayed until Aug. 15