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North Hero, Vermont - July 1, 2009

A Montreal woman was sentenced to 15 years in prison-- the maximum-- for killing her son.

Louise Desnoyers, 50, broke down often as she was sentenced for murdering her 8-year-old son three years ago in Vermont. Desnoyers told the court she meant to kill herself, not her little boy, but the judge didn't buy it. The only issue to be decided was how long Desnoyers would go to prison; for as little as ten years or as much as 15. She asked for the minimum claiming she is not really a killer.

"Your honor, I am not a murderer," Desnoyers said.

In a 40-minute prepared statement to the court Desnoyers apologized to her family and everyone in Vermont for drowning her 8-year-old son Nicholas in Lake Champlain at Isle La Motte in August 2006.

She explained that she was out of her mind after her partner told her their 40-year relationship was over. So she drove off from her Montreal home in despair with their son in the car. They eventually ended up in Isle La Motte where she drowned him by tying him to a buoy-- and then she tried to kill herself.

"This is not who I am," Desnoyers said. "That day when I took my son's life and tried to take away mine I was not myself. I was out of control and my mind was a big black hole."

Four months ago she dropped her plan to go to trial and use the insanity defense. Instead she accepted a plea deal for second-degree murder in return for a sentence of between 10 and 15 years in prison.

"I am convinced based on what I have heard and read that Mrs. Desnoyers knew what she was doing at the time," Vt. District Court Judge Michael Kupersmith said.

Judge Kupersmith rejected evidence that Desnoyers was insane and not legally responsible when she killed her son. He explained Desnoyers own statements to a state psychiatrist detailing how she drowned her son convinced him.

"This is what he said Mrs. Desnoyers said, I just wanted to take Nicholas in my hand and go in the water calmly but it didn't work like that because Nicholas fight, I don't want to fight with Nicholas but I had to fight. He moved like that, she made flailing motions with her arms," Judge Kupersmith said. "One would think that when one sees one's child in this situation one would be brought back to reality. So I have to believe that she knew what she was doing."

"We understood the possibilities. Today was afairly narrow range the judge had to work with and we understood that he could do he full 15 years and we're disappointed," said Robert Katims, Desnoyers' lawyer.

"It underscores a very unfortunate set of facts. A little boy, a very, very vibrant young boy is dead and a woman who it appears at all other times appears to be a very nice person is in jail for the balance of 15 years," Grand Isle Prosecutor David Miller said.

Desnoyers got credit for the three years she has already served, all of it in the state hospital where she has been on a constant suicide watch. Corrections officials said she would be released in 12 years when she is 63 and under the plea deal she will then be returned to Canada where she will remain on probation for life.

Brian Joyce - WCAX News