Judge Denies Defense Motion to Reconsider Sentence of Kelci Niemerg

A defense motion to re-consider Kelci Niemerg's prison sentence was denied today, sending her back to prison.

Niemerg had hoped to have her sentence shortened or brought to an end at the hearing, just days after giving birth to her third child earlier this week. The child is under the care of his father and Niemerg's family. In her denial, Judge Kimberly Koester noted that her sentence would end in December of 2015.

Niemerg was sentenced to five years in prison after pleading guilty to a count of aggravated battery in May of 2011. Nathan Dill was in Niemerg's care when the then seven-month old suffered serious brain damage after he was thrown into a playpen, striking his head on an elliptical next to the playpen.

Laura Dill, Nathan's mother, was present at today's hearing.

Niemerg was working as an in-home day care provider for the Dills in 2011. Laura Dill left her son with Niemerg the morning of May 4, and went to work.  She later got a call from Niemerg that Nathan was not responding properly. The child was taken to St. Anthony's Memorial Hospital in Effingham and was then airlifted to Cardinal Glennon Children's Hospital in St. Louis for treatment. The evaluation indicated Nathan had suffered significant head injuries including massive trauma throughout the brain as well as retinal trauma.

Nathan has yet to recover from most of his injuries.