WATCH: Lodzinski cries after she is found guilty of killing son
- Lodzinski faces 30 years in prison
- Sentencing is scheduled for Aug. 23
NEW BRUNSWICK - For the past eight weeks, Michelle Lodzinski showed little emotion as she sat in a courtroom accused of killing her 5-year-old son, Timothy Wiltsey, nearly 25 years ago.
A number of witnesses said that her demeanor was calm when Timothy, a kindergarten student, reportedly went missing from a Sayreville carnival on May 25, 1991. Some said they never saw her cry over the disappearance or death of her first-born son.
But tears appeared to flow and her head and body shook Wednesday morning after a jury of seven men and five women found her guilty of Timothy's murder after about four hours of deliberation over two days.
A gasp was heard in the courtroom as the verdict was announced. Lodzinski's attorney, Gerald Krovatin, put his left arm around her as if to console her.
READ: The Lodzinski murder case — all you need to know
SEE: Lodzinski guilty of murder: Social media reacts
The verdict, announced in Middlesex County Superior Court Judge Dennis Nieves' courtroom, comes a week before the 25th anniversary of Timothy's disappearance.
Lodzinski, 48, was led out of the courtroom by Middlesex County Sheriff's Officers and sent to the Middlesex County Adult Corrections Center in North Brunswick, where she has been since her arrest in August 2014.
Lodzinski is scheduled to be sentenced Aug. 23. She is facing a 30-year prison sentence.
As she was led away, her brother, Michael Lodzinski, 47, yelled out in the quiet courtroom, "I love you, Sis. I love you very much."
He said afterward that only she knows what happened to Timothy.
Circumstantial evidence was enough
The murder trial included no witnesses, forensic, DNA or other direct evidence tying Michelle Lodzinski's to her son's death. Only circumstantial evidence was presented, most notably a blue blanket found with Timothy's skeletal remains that three former babysitters identified as being in Lodzinski's home.
The medical examiner could not pinpoint when, where or how Timothy died, but only that it was a homicide because the skeletal remains of healthy little boys do not end up in creeks of isolated industrial areas.
The defense tried to convince jurors that an Arizona ex-convict, who was on the run from the law 25 years ago, may have played a role in Timothy's death.
Krovatin said he was extremely disappointed with the verdict, as is his client.
"We will be speaking in the next few days and exploring all the alternatives available to her," said Krovatin, adding that he plans to appeal.
Throughout the trial Krovatin asked to have the murder charge dismissed and even called for a mistrial earlier this week after an issue arose with the juror serving as foreman. That juror was dismissed by the judge, an alternate was selected to deliberate and a new foreman was picked.
Middlesex County Prosecutor Andrew Carey, who sat in the courtroom for the verdict and part of the testimony, said he had no comment on the verdict. The jurors also declined comment.
Wiltsey's death had been one of the Middlesex County's longest unsolved murder cases.
Sayreville police who had long considered Lodzinski the prime suspect in Timothy's disappearance and death declined comment. But the department's Facebook page featured a photo of Timothy and the words "Lodzinski verdict, guilty of murder. By mid-afternoon Wednesday, the Facebook photo and posting had nearly 1,000 likes and 200 comments.
Attempts to reach Timothy's father, George Wiltsey, by telephone were unsuccessful.
Damien Dowdle, of Arizona, who testified as a defense witness who thought Bernard Joseph McShane might be responsible for Timothy's death, said there were things about McShane that the jury did not hear. While Dowdle wasn't trying to help or hurt Michelle Lodzinski, he knew Krovatin was trying to create reasonable doubt that she killed Timothy.
"He (McShane) didn't tell me he killed Timothy Wiltsey, but he said he killed a kid in a park," Dowdle said in an telephone interview, adding that McShane told him he killed a child months before authorities in New Jersey knew Timothy was dead.
Timothy's disappearance led to a nationwide search for the kindergarten student. His photo appeared on fliers and milk cartons and the story of his disappearance was featured on "America's Most Wanted."
Timothy's skeletal remains were found nearly a year later in April 1992 in a creek in Raritan Center, Edison, not far from a building where Lodzinski once worked.
Family matters
Wearing the same tie he wore when he served as a pallbearer at Timothy's funeral, Michael Lodzinski, who lives in Michigan, said he had been at the trial nearly every day for Timothy.
"Just to stand for him, that's what I came for," he said. "We have never forgotten him."
Michael Lodzinski said he was surprised his sister was found guilty of murder but was not surprised by a conviction.
He said he also wanted to be there in court for his sister, especially for the verdict.
"I didn't want her to be alone either when this happened. There had to be some family here, not just for Timmy but for her, too, because I still love her," said Lodzinski, who tried to make eye contact with his sister during the trial.
He said he just always wanted her to take responsibility and let the family know what happened,
"It's a tough spot for the family, it's a no win," said Michael Lodzinski, who called his parents in Florida to alert them of the verdict.. "We were devastated by Timmy's murder and we're devastated by this, too, but what's right is right. I'm glad Timmy got justice and the family has closure and now we can start to heal."
He said his parents are devastated by the verdict, but they know there is nothing they can do about it.
"I just think we have to come to grips with it. The family has been divided about how they feel about whether Michelle was guilty or innocent, and if people don't embrace what just happened, I don't know if we will heal or not. It's up to each individual," he said.
Michael Lodzinski said there is never really closure.
"There is just what is right. And I think that's what happened today," he said. "Justice was done for Timmy and it was done in his (God's) timing. And we as a family have to accept that and move on. We loved Timmy dearly. He was just a kid. He didn't have a life; his life was taken from him."
He said Lodzinski's two teenage sons, Daniel, 18, and Benjamin, 14, will be devastated by the loss of their mother. Both sons had testified as defense witnesses in the trial, along with Michelle Lodzinski's sister and brother-in-law, Linda and David Hisey, and her father, Edward Lodzinski.
"Michelle's the only one that knows what happened and she's never told any of the family. We don't know any more than anyone else. Everything has come out now and the verdict has been given. It's been a long time, it's been 25 years," he said.
Michael Lodzinski said he knew something was wrong when his sister faked her own kidnapping in 1994. Michelle Lodzinski was convicted in connection with the kidnapped, but testimony about the kidnapping was barred from the murder trial. He said he had to compromise himself to have a relationship with his sister and his nephews.
Staff Writer Suzanne Russell: 732-565-7335; srussell@mycentraljersey.com
Lodzinski trial timeline
May 18: Lodzinski found guilty
May 16: Little deliberating as judge questions every Lodzinski juror
May 13: Jurors are scheduled to hear recorded testimony from three previous witnesses
May 12: Jury deliberation to continue in Lodzinski trial
May 11: Closing statements made in the Lodzinski as jury gets set for deliberations
May 10: Final witness testifies, defense rests in Lodzinski trial
May 4: Arizona man testifies he did not kill Timothy Wiltsey
May 3: Michelle Lodzinski will not tesify in her own defense
April 28: A week with delays in testimony
April 27: Witness testifies Arizona man may have killed Timothy
April 26: Expert: Lodzinski suffered from personality disorder
April 21: Defense expert claims blanket has no connection to Timothy
April 20: Three teens spot boy at carnival but are unsure if it's Timothy
April 19: Michelle Lodzinski's sister stands by her side
April 14: Carnival worker remembers boy he thought was Timothy
April 13: Judge denies defense motion to dismiss Lodzinski's murder charge
April 12: Medical examiner testifies Timothy's death was a homicide
April 7: Questions raised about whether Timothy could have been strangled
April 6: Former FBI agent testifies items found with boy's remain were not a direct link to his mother
April 5: Lodzinski feels she wasn't cut out to be a mother
April 1: Timothy's babysitter remembers blanket found with remains
March 31: Tidal waters didn't carry Timothy's remains to Raritan Center
March 30: Retired Bound Brook teacher testifies he found Timothy's sneaker
March 29: Lodzinski's ex-boyfriend testifies he didn't have anything to do with Timothy's death
March 24: Michelle Lodzinski was allegedly pregnant weeks after son's disappearance
March 24: Police viewed Michelle Lodzinski as suspect in son's disappearance from the start
March 23: Police testify Michelle Lodzinski showed no reaction upon learning Timothy's skull had been found
March 22: Timothy's dad, George Wiltsey, testified Lodzinski wanted nothing to do with him
March 18: School nurse reports Timothy missed many school days
March 17: Timothy's babysitter identifies a blue blanket found with his remains
March 17: Teeth found on skeletal remains found at Raritan Center are matched to Timothy Wiltsey
March 16: An emotional first day to testimony with tears shed in courtroom
March 16: The trial gets underway a month after jury selection
Feb. 25:The trial considers the prosecution's request for a gag order against Lodzinski's attorney
Feb. 25: Michelle Lodzinski finally speaks in court to address her heavily bandaged hand and judge denies gag order
Feb. 17: As many as 100 potential jurors are being called every day
Feb. 16: Judge allows Arizona man to testify in Lodzinski trial — The judge in the Lodzinski trial ruled than an ex-con from Arizona will be allowed to take the stand and tell the jury that jail cellmate once told him about raping and killing a boy at a park in 1991