|
***UPDATE***
December 04, 2001
Man ruled guilty in death of baby
as reported in
The Daily Journal
WATSEKA -
Kevin Ziebart of Watseka was found guilty of first-degree
murder Tuesday by an Iroquois County jury in the death of
2-year-old Kloie VanHoveln, the daughter of his live-in girlfriend.
The verdict was reached after less than three hours of deliberations.
Ziebart, 31, sat motionless during the verdict and as the jury was
polled by Judge Gordon Lustfeldt.
Ziebart remained seated when his attorneys stood. He didn't look
around at his parents, Rick and Judy Ziebart of Watseka.
Mrs. Ziebart cried into her husband's shoulder.
Relatives and friends of Kloie also cried. As they left the courtroom
they clumped together and exchanged tearful hugs with lead investigator
Lt. Randy Eimen and Watseka Deputy Chief Donny King.
Kloie died about 10 p.m. Aug. 29, 2000, after a severe beating that
separated her brain from her spine, lacerated her liver and left her
comatose. At the time, Ziebart was living in an apartment with Paulette
Moenck, Kloie's mother; and her friend Tammy Moore and her two children.
On that morning, Moenck left Kloie with Ziebart while she went to work.
All three adults from the household testified that Kloie was fine when
she got up that morning. But less than two hours later Ziebart carried
her limp, lifeless form to Iroquois Memorial Hospital in Watseka.
Ziebart's only explanation for the 45 exterior and 28 interior
injuries she had suffered was that she accidentally had fallen
off a slide at Legion Park.
His attorney, Jamie Boyd of Kankakee, theorized in his closing
statement that Kloie was beaten the night before by Moenck or Moore.
"As distasteful as it may be to sit through a five-day murder trial
and walk away knowing nobody's gonna pay the price for slapping that
child around from the neck down, you can't convict Kevin Ziebart
just because Kloie VanHoveln was two and died. It's a not guilty," Boyd said.
Prosecutor David Rands from the state's attorney's appellate
prosecutor's office in Olney contradicted Boyd.
He said the case was simple. The state says Kloie was beaten
to death and the defense says she fell from a slide. But
Boyd tried to make it complicated by offering a third alternative:
she was beaten by mom or she was beaten by a friend who lived with mom.
"Neither is believable," he said crisply. Eimen had testified
that he had asked both women if they had beaten Kloie. Both
said they hadn't.
Rands referred to the "horrible, gruesome pictures of the
marks on Kloie's body."
"He was the only one around this baby (at the time). He's guilty.
That's the only possible verdict in this case," Rands said.
Kloie was greatly loved by all her family and her mother's friends.
Her sunny, sweet personality was described many times in court.
Now Ziebart faces possible life in prison.
Lustfeldt set sentencing for 1:30 p.m. Jan. 31. Ziebart continued
to sit motionless, facing away from the viewers.
Please keep Kloie's family and friends
in your prayers.
|
