Elmhurst man ask for leniency in wife's death

It sounded like an idyllic Fourth of July weekend.

John Svenstrup said he splashed around with his toddler son in an inflatable pool and sprinkler while his wife ran errands. In the morning, the family planned to head to Michigan for a beach vacation.

They never made it. Later that night, 42-year-old Nancy Palumbo died of asphyxiation after a violent struggle with her husband.

What happened inside their Elmhurst home late July 2, 2005, sparked a heart-wrenching court battle that closes Nov. 30 when a judge will tell Svenstrup his fate.

At the end of his two-day sentencing hearing, Svenstrup spoke Friday in a crowded courtroom filled with dozens of his slain wife's family, friends and co-workers. He apologized and asked for leniency but reiterated earlier claims that her death was an accident.

"Nancy was my best friend," he said. "I love her and I cherish her still. If that fight hadn't happened, we would still be married today."

He faces up to 20 years in prison when Judge Mike Burke sentences him. The former Naperville financial adviser pleaded guilty Sept. 20 after prosecutors reduced the charge from first- to second-degree murder if he relinquished his parental rights to the couple's son, now 5.

He'll serve just half the term following standard sentencing rules. Prosecutors warned they will re-indict him for first-degree murder if he contacts his son.

Svenstrup, 45, said his wife attacked him in fury, while he simply tried to restrain her. But prosecutors said the evidence suggests otherwise. For example, Palumbo had numerous injuries, including broken teeth, while Svenstrup was unscathed but for some scratches. He accused her of biting him, but no marks were left.

DuPage State's Attorney Joseph Birkett said Svenstrup drugged Palumbo and slammed her face into the kitchen counter. Birkett said she died after Svenstrup pinned her to the floor and smothered her.

"He's a liar," Birkett said. "He was the violent person in that relationship. This was no accident. We're not buying it, but we'll let him plead out to protect (the victim's son), which was Nancy's last request."

The slain woman's family and friends said she planned to divorce Svenstrup, who abused alcohol and drugs, but wanted to wait until her son was old enough to talk and tell her if there was a problem when he was alone with his father.

Svenstrup called 911 at 10:45 p.m. July 2, 2005, to report he found her unresponsive in their kitchen at 581 S. Poplar Ave. He told authorities she likely was electrocuted -- an explanation he admits concocting out of fear.

A toxicology report later found traces of GHB, a date-rape drug, in her system. Svenstrup denies slipping her the drug, but police found a GHB recipe in the garage. One of his clients also told police he inquired about how to buy the drug, just months before the killing.

Defense attorney Terry Ekl argued Palumbo choked on her own vomit after the couple's argument escalated into violence. He cited conflicting medical reports. Svenstrup did not have a criminal record.

"It's nothing less than pure speculation," Ekl said of the prosecution's theory. "None of us was inside the house that night. There may have been problems between these two people, but the evidence is absolutely clear that their marriage was on the upswing."

Palumbo, a Barrington High School graduate, was a director of orthopedics at DuPage Medical Group in Glen Ellyn. Her younger brother, David, is adopting her child.

Her family, including parents Fred and Mary Anne, told Judge Burke of their tremendous loss. The court case is nearly over, but their pain will continue.

"There cannot be complete justice because there is no way you can give Nancy back to her 5-year-old and all of us who love her," Fred Palumbo, of Huntley, said through tears. "That justice will need to wait for his final judgment. The maximum sentence allowed for this crime, in my opinion, is not good enough."