March 20, 2001

Rules delay Watseka
baby killing trial

as reported in
The Daily-Journal

By Jo McCord
Reporter

New court rules are slowing the trail of
Kevin Ziebart of Watseka on charges of
first degree murder in connection with
the death of 2-year-old Kloie Van Hoveln las August.

Ziebart is accused of "beating, shaking and striking"
Kloie's head and body on August 29, when he was
babysitting for the child of his then girlfriend
Pauline Moenck, while she was at work.

Ziebart was in court Monday as his attorneys were
expected to provide lists of witnesses they
want to question before the trial. But they
weren't prepared to hand over the lists. Lead
defense attroney Jamie Boyd of Kankakee explained:
"That was put in the hands of Mr. Smith who can't
be here today," a reference to defense lawyer
William Smith of Bradely, appointed at Boyd's
request in October.

Special prosecutor Ed Parkinson of the appellate
proscutor's office, who finnaly estimated Boyd
would want to quwstion seven or eight people,
including doctors and nurses at the two hospitals
and at the autopsy.

Parkinson seemed a bit irked over the delay
over the depositions. A new Supreme Court ruling
pertaining capital cases allows withnesses to be
questioned with attorneys and a court reporter
present at the direction and expense of the court.

That way the attorney has a transcript of
what the witnesses say to compare to anything
they may say later in court.

But the new rules are complicated and time
has been soent speculating on what exactly
it means as well as what costs.

Parkinson brought a thick ring binder of
the rules and offered it to Lustfeldt, who
didn't accept it ir comment.

After court Parkinson talked with Kloie's
maternal grandparents Susan and Paul Moenck of Milford.

Mrs. Moenck wore a badge on her blouse showing
Kloie with angel's wings. "That's the
picture I have of her," Parkinson said,
glancing at the image of the child.
Noting the concern the court has over Ziebart's
speedy trial rights, Parkinson said: "Kloie
has no right to a speedy trial."
Kloie's relatives were in a particulary mournful
mood given that the day was her third birthday.

Her mother and father, Paulette Moenck and Billy
Van Hoveln, were also in the courtroom Monday.
They walked with a Watseka policeman in front
of the courthouse while Parkinson talked to
the elder Moencks.
The group discussed Lustfeldt's concern that
witnesses would not want to be deposed and
would charge exorbitant fees. Parkinson noted
that Dr. David Davidson, the pediatrician who
cared for Kloie at Carle Foundation Hospital,
and his staff are quite willing to rearrange
their scheule to be deposed.

In court Boyd said none of the witnesses,
doctors or state police crime lab people will
talk to him "even as a favor." Mother of the
victim, Paulette Moenck, also will not talk
to him, he said.

Lustfeldt said the best way was to start
with the medical people.
"Dotors want to be paid in advance: $350-$2,500
just for preparation for deposition," he said.
He said he has seen cases where it was obvious not
much preparation was done by the so called experts.
Depositions are also expensive because a court
reporter has to be hired to record the interview.

Another problem is setting the time. Since some
of the doctors are in Champaing and would
want their attorneys present, even more
complications result, he said. He estimates
seven or eight medical people at Iroquois
Memorial Hospital, Carle Clinis and at the
autopsy site would be involved.

Boyd suggested that he have his office coordinate
appointments with Parkinson's office. Boyd estimates
it would take two or three days and include a trip to
Champaign and two trips to Watseka. Lustfeldt said he
would want to know in advance of approving the dates
what they would charge.

A date of 1:30 p.m. May 4 was set for Boyd to
provide tentative dates and the prices the
medical people have set.

At the last status hearing estimates were
the trail may be postponed as late as July.

***UPDATE***

Friday March 20, 2001

Suspect learns day is dead child's birthday

as reported in
The Daily-Journal

Kevin Ziebart was in court again Monday on charges
of killing 2-year-old Kloie Van Hoveln of Watseka
last August.

As the hearing concluded, Judge Gordon Lustfeldt
asked the prosecution: "Is there anything else?"

"No, just that today's Kloie's third birthday," said
special Proscutor Ed Parkinson of Sprinfield,
looking across the table at Ziebart.

He later told the teary-eyed relatives of the
toddler that he wanted to make the birthday
announcement while Ziebart was present.

Ziebart didn't seem to react. Seldom showing any
reaction in court, he sits and rocks and studies
the north wall, although this time he looked at
the judge a few times when Lustfeldt asked of
there was anything he did not understand.

Parkinson is apparently not reluctant to show
his attitude. he also showed mild exasperation
at Ziebart's attorney, Jamie Boyd of Kankakee.
Monday's court date had been set for the defense
to deliver a list of witnesses it wants to depose
(interview) before the trial. There was no list.

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