New Kensington man now faces death penalty if convicted in death of 2-year-old

Attorneys are now hoping to try a death penalty case against a New Kensington man in November as a Westmoreland County judge is keeping a close eye on the progress of the 5-year-old prosecution.

Judge Scott Mears directed prosecution and defense attorneys to discuss with their experts the possibility of a trial this fall for Keith Dale Lilly Jr., 36.

He is accused in the 2020 beating death of Mikel Fetterman, 2.

Mears has been pushing to get the case to trial as it is one of the oldest in his courtroom. Attorneys came before him Friday to share updates on their preparations.

“We’re going to keep doing this at least every 30 days, maybe every 20 days, until this case is tried,” the judge said.

Lilly is accused of inflicting head injuries on Mikel, who died after a monthlong hospital stay in April 2020. Prosecutors contend Lilly was left alone to care for the boy when he was violently shaken and sexually abused.

The boy’s mother, Theresa Fetterman, 28, of Lower Burrell was charged with involuntary manslaughter, aggravated assault, child endangerment and related offenses, and, according to her lawyer, she is cooperating with authorities in Lilly’s prosecution. Her case has been postponed.

Prosecutors said they will seek the death penalty against Lilly if he is convicted of first-degree murder. He also is charged with aggravated assault, child endangerment and related offenses.

A defense expert will be receiving tissue evidence after court officials on Friday ironed out payment of a bill submitted by forensic pathologist Dr. Jennifer Hammers. There was disagreement between Assistant District Attorney Leo Ciaramitaro and deputy court administrator Pam Neiderhiser over who should foot the $2,426 bill to get the evidence from Hammers to a defense expert.

Mears ordered court administration to pay.

“It’s coming out of one government pocket as opposed to another,” he said. “I’m ordering you to make that payment to get the case moving.”

Lilly claims the child’s fatal injuries were not a result of his actions, rather suggesting through his defense team that the boy was injured when he fell off a couch. He has been in custody without bond since his arrest in 2020.

The judge and both lawyers admitted that a previous bid to have the case tried in September will not happen.

Another trial readiness conference will be scheduled in June.