THE FIRE MARSHAL KILLING CASE
Janet Mercereau, 40, is awaiting sentencing after having been found guilty by a jury of second degree murder of her husband Douglas Mercereau.
We will use this case to help you learn how to allocute.
Evidence at trial revealed that Janet Mercereau had shot Douglas Mercereau, 38, a fire marshal, three times in the head as he slept in their bed on December 2, 2008.
Prosecutors argued that Janet had grown to hate her husband during their troubled, 12 year marriage in which the couple fought bitterly over her weight problem. Janet had weighed only 105 pounds when they married but had ballooned up to 265 pounds at the time of the murder. The couple had two children, both girls, aged 7 and 8.
Further evidence at trial revealed that Janet had held her husband’s Fire Department issued Smith & Wesson 9 mm pistol just inches from his face when she shot him. Evidence also revealed that Janet had attempted to cover up the shooting by laundering her clothes and placing the gun through the family dishwasher three times.