Defense suggests alternate causes for New Kensington toddler death

The lawyer for a New Kensington man accused in the death of a 2-year-old boy said Tuesday that fatal injuries suffered by the child were caused by accidents or another family member.

Prosecutors contend Keith Dale Lilly Jr., 35, caused multiple head wounds and other injuries suffered by Mikel Fetterman, who was weeks shy of his third birthday. The toddler was hospitalized for his injuries four years ago after an incident in his family’s New Kensington home. He died weeks later.

Lilly is awaiting trial on charges of criminal homicide, aggravated assault, child endangerment and other related offenses and faces a potential death sentence if convicted.

Authorities said the boy was physically and sexually abused and had serious head injuries and other medical issues as a result of being violently shaken by Lilly. Lilly has maintained he was not responsible for the boy’s death, and in prior court appearances the defense suggested the child was hurt when he fell from a couch or was hurt by others.

Prosecutors contend Lilly was left alone to care for the child while the boy’s mother was asleep in another room. According to court records, police found the child unresponsive and in cardiac arrest as Lilly attempted to resuscitate him while the boy’s mother, Teresa Fetterman, stood nearby and cried, police said.

Following a brief court hearing, Lilly’s lawyer, Tim Dawson, said two experts — a forensic pathologist and radiologist hired by the defense — found evidence the boy had prior injuries that suggest alternate causes of death.

“There were preexisting conditions. We have evidence that other family members were there and how the child fell. There were concrete steps and there was playground equipment,” Dawson said.

Fetterman, 27, of Lower Burrell is awaiting trial on charges of involuntary manslaughter, aggravated assault, child endangerment and related offenses, and is cooperating with authorities in Lilly’s prosecution.

A date for Lilly’s trial has yet to be set.

“This is a capital case, so we want to make sure everyone is prepared, but we want to get moving as well,” said West­moreland County Common Pleas Judge Scott Mears.

Lilly has been in jail without bond since his arrest in May 2020.

A lawsuit filed in 2022 by the child’s maternal grandparents against Lilly, Fetterman and the Westmoreland County Children’s Bureau continues. The lawsuit claims the county agency failed to intervene and protect the child from continued sexual abuse before his death.