Kibler Asks for Deters as Special Assistant in Niemerg Case


Published on January 8 2013 4:11 pm
Last Updated on July 14 2013 12:07 pm
Written by Greg Sapp

Effingham County State's Attorney Bryan Kibler has asked the Court to appoint his predecessor to prosecute the case of Kelci Niemerg.

The 25-year-old Niemerg faces a charge of aggravated battery of a child.  Niemerg is accused of using excessive force when she placed a nine-month-old boy in a playpen in her home in May 2011, resulting in injuries to the child.  Niemerg's attorney Bill Milner has filed an objection to former State's Attorney Ed Deters handling the case.

Kibler Tuesday said he thinks utilizing Deters would be a "more efficient way of handling the case."  Kibler said, "It is a very complicated case and Ed knows the ins and outs of it."

Kibler said he believes he has the authority to appoint a special assistant state's attorney rather than ask the Court to appoint a special prosecutor who would come from the State's Attorney's Appellate Prosecutor Service, but would not have Deters' familiarity with the case.

Deters has already agreed to prosecute the case if the Court concurs.  He had been handling the case until he left office at the end of his term at the end of November, and requested a continuance in October after the defense filed a report from their expert.  Deters said he could not locate an expert for the State.

At the time he requested the continuance, Deters said, "I am deeply disappointed that the case won't get to trial in November" and said, "I will offer to the new State's Attorney whatever I can do to help with the case."

A hearing on the defense objection to Deters' appointment is set for 9am on January 18.