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***UPDATE***
GUILTY!!!!!!
Kevin Ziebart found guilty in Kloie Van Hoveln's Death
December 04, 2001
Guilty
Kevin Ziebart found guilty in Kloie Van Hoveln's Death
as reported in
The Times - Republic
By Sherry Waters
Reporter
An Iroquois County jury determined at 8:02 p.m. Monday that 31-year-old Kevin Ziebart of
Watseka battered and killed two-year-old Kloie Van Hoveln of rural Oppyville.
Ziebart's sentencing is set for 1:30 p.m. Jan. 31, 2002.
The jury was not swayed by Ziebart's testimony and recital of his version of Kloie's last
hours. Nor was it swayed by defense attorney Jamie Boyd's closing arguments even though
Boyd made an excellent argument for accidental death as opposed to murder.
Ziebart's mother and sister, hands tightly clasped together, quietly absorbed the blow
dealt by the jury while Rick Ziebart, Kevin's father, gathered his wife close to his side. She
wept quietly as did Kloie's grandmother, Susan Moenck. Both women have been quiet, strong
presences in the courtroom through all the hearings and the trial.
Also present in court for the verdict was Kloie's mother, Paulette Moneck, her boyfriend,
Jeremy Laird, her sisters and friends and Kloie's paternal grandmother, Connie Van Hoveln of
Watseka.
In all, there were 28 people gathered in Judge Gordon Lustfeldt's courtroom Monday
night as well at the officers of the court. Eight of the court spectators were police officers.
Prior to calling the jury back into court to announce their verdict, Judge Gordon Lustfeldt
told the spectators that both sides had been represented during the trial. "As difficult as it's
been for you, it's been very hard for this jury," Lustfeldt said. "I expect you all to show
respect for this jury. It is not appropriate for shows of emotion or emotional outbursts
regardless of what the verdict is.
"Those who don't feel they can control themselves should step out of the courtroom now.
Those who are in this room will remain here until the jury has left the building."
Following that admonishment, Lustfeldt told the bailiff, Roscoe Mason to bring in the jury.
The jury foreman handed the verdict to Mason who gave it to Lustfeldt. Lustfeldt read the
verdict: "We the jury find Kevin R. Ziebart guilty of first-degree murder in the death of Kloie
Van Hoveln," Lustfeldt read. He also read the jury's findings that jury members unanimously
found, beyond reasonable doubt, that Kloie's death resulted from gravely brutal and heinous
acts.
The jury got the case about 5:30 p.m. and immediately called for evidence to be brought
to the jury room. The jury wanted the video statement of Ziebart, Dr. Davison's photographs
taken in the pediatric intensive care unit at Carle Foundation Hospital, and the autopsy
photographs taken by Dr. Bryan Mitchell. The jury also asked for the written report of Dr.
Davison, but there was none. Lustfeldt also sent back the written coroner's report and the
amended death certificate.
The death certificate had been amended to show the cause of death was
cerebral/cervical injuries due to blunt force assault rather than shaken baby syndrome as
first thought.
Special Prosecutor Ed Parkinson was very pleased by the verdict. "The jury got it right!"
Parkinson said.
Boyd said he was disappointed. "I'm obviously disappointed in the verdict. This was a
difficult case because of the pictures. They were gruesome and it is difficult to overcome
that type of evidence," he said.
Judy Ziebart, Kevin's mother, said there would be an appeal.
Susan Moenck said she was gratified by the verdict. "I don't know what we would have
done if it had gone another way," she said.
Paulette said she didn't have any comment about the verdict. "I thought I'd be happy, but
this doesn't bring her back," she said.
Tomorrow: Rick and Judy Ziebart talk about their son and their experiences during the
past year.
Please keep Kloie's family and friends
in your prayers.
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