Niemerg Case Confirmed for Trial April 8


Published on March 18 2013 11:22 am
Last Updated on July 14 2013 12:07 pm
Written by Greg Sapp

The case of local resident Kelci Niemerg has been confirmed for trial April 8.

Niemerg is charged with aggravated battery of a child.  She's accused of using excessive force when placing a nine-month-old boy in her care in a playpen at her home in May 2011, resulting in injuries to the child.

Final pre-trial motions were considered at a Monday morning hearing.  Ed Deters, who is prosecuting the case, said a motion was granted that counsel for both sides can't talk about pre-existing conditions and speculate as to how they might have occurred.

Judge Kimberly Koester agreed to take under advisement a request to allow both parents of the boy into the courtroom.  Typically, witnesses can't be in court until after they've testified.  The judge said she'd rule on the matter prior to the start of trial.

Counsel for both sides also discussed making accommodation for the number of doctors expected to be called to testify.

Deters said jury selection is to begin at 9am on the 8th in Clinton County Court in Carlyle.  Judge Koester moved the trial there due to pre-trial publicity.  If a jury is selected, Deters said presentation of evidence including opening statements is set to begin Tuesday morning, the 9th.