as reported in
The Dialy Journal News
By Jo McCord
Journal writer

WATSEKA - "The whole family is behind Kevin and we believe
in his innocence," said a woman who identified herself as the
mother of accused child killer Kevin Ziebart of Watseka.

The attractive and stylish blond woman commented after court
Wednesday, when Ziebart was denied release on bond. She
declined to give her name.

Ziebart, 30, Watseka, appeared in circuit court at Watseka
with his attorney, Jamie Boyd of Kankakee, to plead for the
right to post bail.

Judge Gordon Lustfeldt refused, agreeing with a motion from
Iroquois County State's Attorney Mark Thompson to revoke
the previous $3 million bond.

Lustfeldt cited the fact that the case could carry the death
penalty and the wealth of Ziebart's family, which might enable
him to post bond and flee.

Ziebart has been in jail since August 30 when he was arrested
for killing 2-year-old Kloie VanHoveln of Watseka.

Ziebart is described by police as a boyfriend of Kloie's mother,
Paulette Moenck. Ziebart lived part-time with Ms. Moenck,
Kloie and their housemate Tammy Moore in Belmont Acres,
police said. He also is listed as a resident at 833 South
Fourth Street in Watseka, a palatial home.

Ziebart brought Kloie to Iroquois Memorial Hospital in
Watseka about 9:30 a.m. August 29 saying she had fallen off
a slide at Legion Park in Watseka. She was airlifted to Carle
Hospital, where she died. An autopsy showed evidence of
shaken baby syndrome.

Assistant State's Attorney Bill Donohue said Kloie suffered a
severe beating, resulting in a grisly list of injuries which drew
sobs from the courtroom crowd. Besides bruises, hand marks
and pinch marks on her face, chest and buttocks; patches of
her hair had been pulled, some taking the skin with them.
Internally she had a lacerated liver and kidneys. Her brain had
hemorrhaged and the swelling had caused the spinal cord to
disconnect.

Donohue characterized the injuries as being the result of
"exceptionally brutal and heinous, cruel behavior which would
make the accused eligible for the death penalty." That feature
is required to deny Ziebart the right to post bail for his release.

Also, under state statute, Boyd had the "burden of
demonstrating that the proof of guilt is not evident and the
presumption is not great."

Donohue said Kloie was described as being fine when her
mother and Ms. Moore left her with Ziebart. In fact, Ziebart
himself told police she was fine when she was left in his care.

Donohue said Kloie was dressed in a child's sleeping outfit
when the women left. When Ziebart brought her to the hospital
she was wearing a little play outfit. The sleeper, with her blood
on it, was found at the apartment.

Boyd called the lead investigator, sheriff's Lt. Randy Eimen to
the stand. Boyd established the sleeper was not found by police but by
Ms. Moore and some friends: Lloyd Coffia, Brian
Gibson and Mike McKinney. Boyd pointed out that McKinney
had recently been arrested for drug trafficking.

To Donohue's objection, Boyd said proof of Ziebart's guilt is
not evident if the source of the evidence can be called into
question.

"Her mother and Ms. Moore represented to you that's how the
baby was dressed ... in direct conflict as to how my client
said the baby was dressed when he took control," Boyd said.

He asked if Eimen has checked on possible abuse or
Department of Children and Family Services investigations of
Ms. Moenck. He said the prosecution is assuming Kloie's
abuse took place after Ms. Moenck and Ms. Moore left.

Lustfeldt pointed out that Ziebart himself said the girl was with
him when she was injured.

He sustained Donohue's objection and said Boydcan still
argue at another time that the injuries were at somebody
else's hands.

As Ziebart nodded emphatically, Boyd also pointed out that
Ziebart has never been arrested for a violent crime, not even a
bar fight. Eimen confirmed that nothing violent in Ziebart's
background has turned up yet.

Boyd also confirmed with Eimen that the slide in Legion Park
has been confiscated and a blond hair was found on the
steps. It has not yet been determined if the hair is Kloie's.

Boyd said the doctors indicated Kloie's injuries took place
within 24 hours of her death. He said maybe a fall off the slide
is not enough to result in all the injuries documented by the
doctors, but that the court can't presume all of the injuries
occurred within the two hours that she was with Ziebart.

He said his client did not have experience in knowing how the
baby should look when well.

Donohue said he was not talking about hidden injuries. He
again pointed out her yanked out hair, bruises, hand marks
and retinal bleeding.

During the 90 minute session Boyd was loud and demanding
and, some watchers say, insulting to the judge. But he didn't
achieve his purposes.

"Decisions in this court are not decided on the basis of the
attorney's volume," Lustfeldt said calmly, early in the
proceedings.

He failed to produce an effect on Boyd's volume, but Lustfeldt
did not refer to it again. He dealt politely with Boyd's
interruptions and outbursts without raising his own voice.

Boyd also asked Lustfeldt to gain release of Ziebart's car title
immediately. As he put it: "I don't come cheap, judge."
Lustfeldt said perhaps Boyd could work something out with
Donohue about it. Donohue said he doesn't know anything
about the car title and after court he said he does not know if
confiscation of the car is likely.

Please keep Kloie's family and friends
in your prayers.