Judge: Father insane, not guilty of killing 5-year-old daughter

A Maine Township man accused of suffocating his 5-year-old daughter was found not guilty by reason of insanity Wednesday afternoon after a two-day bench trial at Cook County's Skokie courthouse.

The state will now determine whether Elmyr Lawson, 38, remains a threat to himself and others.

Lawson, of the 9200 block of Potter Road in unincorporated Cook County, was charged with first-degree murder in the March 6, 2008, death of his 5-year-old daughter, Kae Cassandra Lawson.

Lawson, a certified phlebotomist, stopped working a year ago to take care of his daughter. His wife Geraldine worked two jobs, one as a nurse.

Authorities said Lawson admitted to smothering the child with a towel because she had made a mess with her toys. Lawson's attorneys argued their client has a history of mental problems and was taking lots of medications.

"It's a very sad case, but the psychiatric testimony was uncontroverted," said Richard Kling, Lawson's Chicago defense attorney.

Kling said two court psychiatrists agreed Lawson was "legally insane on the night he killed his daughter" after extensive examinations of Lawson, including going over dozens of hospital reports dating back to 1989 documenting his severe mental problems.

"He was diagnosed as bipolar," Kling said. "He has been hospitalized before."

Geraldine Lawson testified in court Tuesday that Lawson had been complaining of hearing voices, and that she took him to a psychiatrist just three days earlier who had recommended hospitalization, Kling said.

"And she testified to prior psychiatric issues that had been going on during the relationship," Kling said. "It's a horrible situation. All of the evidence, including the evidence given by the mother, was that he was a loving father. There had never been a question of abuse."

The Illinois Department of Human Services will evaluate Lawson to determine whether he needs to be hospitalized for treatment, Kling said.

"They are going to decide whether he still needs to be in some type of a secure facility, does he need mental health services," Kling said. "They will make a recommendation to the judge."

Cook County Circuit Court Judge Garritt Howard on June 1 will decide whether Lawson should be committed to a hospital, which would either be in Elgin or roughly 350 miles away in Chester, Ill.