S.I. Widow Found Guilty Of Second-Degree Murder

By: Amanda Farinacci

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Jurors found Staten Island widow Janet Mercereau guilty of second-degree murder Thursday in the shooting death of her fire marshal husband. NY1's Amanda Farinacci filed the following report.

They deliberated for four days, listened to more than four weeks of testimony, and in the end, a jury found Janet Mercereau guilty of killing her fire marshal husband, Douglas on December 2, 2007.

"It was a purely circumstantial case, our belief is that there were only four people in the Mercereau household the day of Doug's murder, Doug's no longer with us and Janet Mercereau we believe, and the jury, believes with us, killed her husband," said Staten Island District Attorney Daniel Donovan.

Prosecutors said Mercereau fired three shots into her husband's head as he slept in their home in Oakwood that Sunday morning. They say she cleaned the crime scene before calling police to cover her tracks. Prosecutor Yolanda Rudich believes Janet Mercereau's motive was years of verbal abuse about her weight:

"She is the kind of person that collects grievances if you will and that boils up, boils up until it erupts like a volcano and you know what? You're in an unhappy marriage? Get a divorce, you don't go shooting your husband in the head while he sleeps, and that's what she did," said Prosecutor Yolanda Rudich.

Defense attorneys argued the killer was someone else, citing an unidentified palm print on the back strap of Douglas Mercereau's service revolver.

Jurors reached their verdict a day after they had warned they were deadlocked, split 9-to-3 in favor of conviction. The judge sent them back for more deliberations.:

"This was a case where the reason why the jury was out for all this time was because there was a lot of reasonable doubt, but what happens is the evidence is so technical, the jury can't keep it all in focus," said Defense Attorney Joseph Benfante.

Mercereau didn't react as the verdict was read, but her family and her husband's could be heard quietly sobbing. Neither side would speak on camera, but Douglas Mercereau's family issued a statement:

"The jury's verdict provides some closure and the healing process continues. While his time with us was too short, Doug's life was exemplary, dedicated to his family and his career. He was an honorable and loving father, brother, uncle and friend."

Janet Mercereau's attorneys say they plan to appeal, though it's unclear on what grounds.

"It's the first battle, we're not giving up here," said Defense Attorney Mario Gallucci.

Mercereau is due back in court June 25 for sentencing and faces 25 years to life in prison.