Medical expert approved for New Kensington man's murder defense

A judge on Tuesday ruled that defense lawyers for a New Kensington man facing a potential death sentence for the death of a 2-year-old can hire a medical expert to evaluate and potentially refute prosecution evidence at his upcoming trial.

Keith Dale Lilly Jr., 31, has been in the Westmoreland County Prison without bond since May, when he was charged with first-degree murder and other offenses in connection with the April 24, 2020, death of 2-year-old Mikel Fetterman.

Prosecutors contend the child was severely beaten and died as a result of injuries, some of which dated back several months, according to police.

Court-appointed defense attorneys Tim Dawson and Valerie Veltri asked Westmoreland County Judge Scott Mears to authorize public funds to hire a medical expert to “review the voluminous hospital, investigative and medical records to assist defense counsel in rebutting the prosecution expert witness who will be present at trial.”

Mears did not put a limit on what the defense can pay the unnamed expert. The judge directed all costs and fees be submitted for his review before payment will be made by the county.

Prosecutors in September announced they would seek the death penalty against Lilly.

According to court records, police responded to a call March 26 of a child in cardiac arrest at Valley Royal Court in New Kensington. When they arrived, they found Lilly attempting to resuscitate the unresponsive toddler on the living room floor as the boy’s mother — Lilly’s live-in girlfriend — wept nearby.

Police said Lilly claimed the boy fell off a couch. The child died two weeks later at a Pittsburgh hospital.

Defense attorney Tim Dawson said Lilly continues to deny involvement in the child’s death and suggested the medical evidence may not support that a murder was committed.

“There were other individuals involved in the family and the child was in their custody,” Dawson said. “Some of the injuries appeared to be accidental and that’s why we need an expert to review the record. He (Lilly) adamantly denies he killed the child.”

The child’s mother, Teresa Lynn Fetterman, 24, of Aliquippa, was charged in May with involuntary manslaughter, aggravated assault and other offenses in connection with her son’s death. Dawson said Lilly is not accusing Fetterman of hurting the child.

Prosecutors said Fetterman left her child alone with Lilly and the boy had been beaten on previous occasions. On the night the boy received his fatal injuries, Fetterman was in the home and asleep in another room, Assistant District Attorney Judy Petrush said.

Fetterman is being held in the county jail in lieu of $50,000 bond. A joint trial for the couple is scheduled to begin in February.

New Kensington police in September filed animal cruelty and neglect counts against the couple in connection with injuries inflicted on a 8-month-old mixed-breed mastiff found in their home in April. According to court records, Fetterman told police Lilly hurt the dog, which was later found to have suffered injuries consistent with being hit with a blunt object.

The dog had a leg amputated and was later adopted, according to court records.