LUCAS ALBERTS - 2 yo -(2009) Lincoln IL

A 2-year-old child from Lincoln died Monday at the Children's Hospital of Illinois at OSF Saint Francis Medical Center.
Lucas T. Alberts, 209 Yosemite Ave., Apt. B, Lincoln, died at 2:30
p.m. after sustaining multiple injuries "consistent with non-accidental
trauma," said Peoria County Coroner Johnna Ingersoll.
His mother, Jody Alberts, said she found Lucas lethargic and lying
in his bed at 5:40 a.m. Sunday, Ingersoll said. At 6 a.m., she took
Lucas in a private vehicle to Abraham Lincoln Memorial Hospital.
Lucas was then flown by helicopter to St. Francis and was admitted about 8:15 a.m.
Lincoln police did not release any information on the case, but no
arrests have been made. Lincoln police and the Peoria County Coroner's
Office are investigating. An autopsy is scheduled for Tuesday.

The death Monday of a 2-year-old Lincoln boy is being investigated
as a homicide, Peoria County Coroner Johnna Ingersoll said Tuesday.
Lucas T. Alberts of 209 Yosemite Ave., Apt. B in Lincoln suffered
multiple injuries, but the fatal ones were to his head, Ingersoll said
after an autopsy Tuesday.
"Cause of death is directly related to head injuries, and his death is being investigated as a homicide," Ingersoll said.
Lincoln police are investigating the death. Ingersoll said she was unaware of any arrests as of Tuesday afternoon.
Because of the ongoing investigation, Ingersoll declined to specify
the number of head injuries or say how they might have been inflicted.
Alberts was found lethargic and lying in bed at his mother's Yosemite Avenue apartment about 5:40 a.m. Sunday.
Jody Alberts and a male friend were home at the time, and the
toddler was transported to Lincoln Memorial Hospital in his mother's
car about 6 a.m., Ingersoll said.
He was transferred by helicopter to Children's Hospital of Illinois
at OSF Saint Francis Medical Center, where he was admitted about 8:15
a.m. Sunday. He was pronounced dead about 2:30 p.m. Monday.

A Lincoln man has been accused of killing a 2-year-old boy he was baby-sitting on Saturday.
Illinois State Police arrested Ty C. Cline, 38, of the 500 block of
14th Street at 11 a.m. Wednesday at a relative's house in Bloomington.
Logan County State's Attorney Michael McIntosh said Cline is being
charged with felony murder and aggravated battery of a child, Lucas
Tyler Alberts of Lincoln.
Cline is being held in the Logan County Jail on $5 million bond and is scheduled to appear in court at 1:30 p.m. Thursday.
If convicted, he could serve at least 20 years in prison.
Cline had been in a relationship with the boy's mother, Jody
Alberts, and was watching Lucas on Saturday, the night before his
mother took him to the hospital.
"Obviously, the investigation is continuing," said Lincoln Police
Chief Stuart Erlenbrush. "We have more folks to interview, and all
those reports will be submitted to the state's attorney."
Erlenbrush also said Jody Alberts is not a suspect in the slaying.
Peoria County Coroner Johnna Ingersoll said Jody Alberts found Lucas
lying in bed lethargic at around 5:40 a.m. Sunday. At about 6:30 a.m.,
Lincoln police were notified that he had been brought in a private
vehicle to Abraham Lincoln Memorial Hospital with severe injuries.
He was airlifted to OSF Saint Francis Medical Center in Peoria, where he died at 2:28 p.m. Monday.
An autopsy conducted Tuesday determined he had died of non-accidental blunt force trauma to the head.
Lincoln police said a search warrant was obtained after a meeting
with McIntosh. Police interviewed Cline and searched his home, removing
"various items of evidence."
According to Logan County court records, Cline does not have a
violent criminal past. He was convicted of a DUI in 1997 and, according
to Erlenbrush, was charged with underage drinking in 1988.
The child's funeral will be at 10 a.m. Saturday at
Fricke-Calvert-Schrader Funeral Home. Burial will be in Hartsburg Union
Cemetery in Hartsburg.

By Dylan Polk
The Courier
Posted Sep 16, 2009 @ 12:15 PM
Cline enters plea in boy's death
Lincoln, Ill. —

A Lincoln man accused of killing a 2-year-old pleaded not guilty Tuesday before a Logan County judge, and a high-profile sexual assault case involving a Lincoln businessman received a change of venue.
Ty C. Cline, 38, was indicted Monday by a Logan County grand jury before appearing at Tuesday’s arraignment with defense attorneys Jeffrey Page and James Elmore. Cline is accused of killing 2-year-old Lucas Tyler Alberts, who died of severe blunt force trauma to the head.
Circuit Judge Thomas Harris granted a request from Logan County State’s Attorney Michael McIntosh to dismiss two aggravated battery charges and instead proceed with a single charge of first-degree murder against Cline.
According to police, Cline had been in a relationship with the toddler’s mother, Jody Alberts, and was babysitting Lucas on Aug. 22, the night before the boy’s mother rushed him to Abraham Lincoln Memorial Hospital.
Lucas was airlifted to the Illinois Children’s Hospital at OSF Saint Francis Medical Center in Peoria, where he died the following Monday. Peoria County Coroner Johnna Ingersoll said the boy’s injuries were consistent with non-accidental blunt force trauma.
Cline remains in custody at the Logan County jail on $5 million bond. The case has been set on the December trial calendar.
http://www.lincolncourier.com/news/x1021284387/Cline-enters-plea-in-boys-death

By Joshua Niziolkiewicz
The Courier
Posted Feb 12, 2010 @ 01:02 PM
Last update Feb 17, 2010 @ 08:10 AM
Print Comment
Lincoln, Ill. —

A Lincoln man accused of killing a toddler waived his right to a speedy trial Thursday, as defense attorney James Elmore asked for a continuance in the case.

Ty C. Cline, 38, is accused of killing 2-year-old Lucas Tyler Alberts, who died of severe blunt force trauma to the head in August.

Circuit Judge Thomas Harris last fall granted a request from Logan County State’s Attorney Michael McIntosh to dismiss two aggravated battery charges and instead proceed with a single charge of first-degree murder against Cline.

According to police, Cline had been in a relationship with the toddler’s mother, Jody Alberts, and was babysitting Lucas on Aug. 22, the night before the boy’s mother rushed him to Abraham Lincoln Memorial Hospital.

Lucas was airlifted to the Illinois Children’s Hospital at OSF Saint Francis Medical Center in Peoria, where he died the following Monday. Peoria County Coroner Johnna Ingersoll said the boy’s injuries were consistent with non-accidental blunt force trauma.

Cline remains in custody at the Logan County jail on $5 million bond.
http://www.lincolncourier.com/news/x1328937058/Cline-appears-in-court

Cline won't face death penalty
Lincoln man to stand trial for boy’s death
By Dylan Polk
The Courier
Posted Dec 04, 2009 @ 12:00 PM
Print Comment
Lincoln, Ill. —

The state will not seek the death penalty against a Lincoln man accused of murdering a 2-year-old boy.

Ty C. Cline, 38, appeared before Circuit Judge Thomas Harris in a Logan County courtroom Thursday afternoon for a status hearing.

Cline stands accused of murdering Lucas Tyler Alberts, who died of blunt force trauma to the head in August.

According to police, Cline was in a dating relationship with Lucas’s mother, Jody Alberts, and was watching Lucas the night before Alberts rushed him to Abraham Lincoln Memorial Hospital after finding him “lethargic” in bed.

He was airlifted to OSF Saint Francis Medical Center in Peoria, where he died of what Peoria County Coroner Johnna Ingersoll called “non-accidental injuries.”

Cline was indicted by a grand jury on Sept. 14, and entered a not guilty plea.

He remains in custody at the Logan County jail on $5 million bond. The case has been set on the February trial calendar.
http://www.lincolncourier.com/news/x1758553072/Cline-wont-face-death-penalty

Lincoln, Ill. —

Ty C. Cline, 38, appeared before Circuit Judge Thomas Harris in a Logan County courtroom this afternoon for a status hearing.

Cline is represented by defense attorney James Elmore, who also represents Christopher Harris, one of the men accused of murdering five members of the Gee family,

"We are still receiving evidence from the state and are consulting a number of experts," said Elmore.

Cline stands accused of murdering 2-year -old Lucas Tyler Alberts, who died of blunt force trauma to the head in August.

Sara Duncan, who is accused with daughter Jennifer Earnest of providing a false alibi for Harris, was not required to make an appearance in Logan County Court.

Her attorney also asked for a continuance.

Both cases are scheduled for the April jury calendar.

By Joshua Niziolkiewicz
The Courier
Posted Jul 09, 2010 @ 07:00 AM

Ty Cline
For the second time, Cline waived his right to a speedy trial.
Jeff Page, Cline’s attorney, asked for a continuance.

“The investigation is still continuing in this case,” said Page.
Harris granted Page’s request with no objections from Logan County State’s Attorney Michael McIntosh. Harris set the next hearing for the October jury calendar.

Circuit Judge Thomas Harris last fall granted a request from Logan County State’s Attorney Michael McIntosh to dismiss two aggravated battery charges and instead proceed with a single charge of first-degree murder against Cline.

According to police, Cline had been in a relationship with the toddler’s mother, Jody Alberts, and was babysitting Lucas on Aug. 22, the night before the boy’s mother rushed him to Abraham Lincoln Memorial Hospital.
Lucas was airlifted to the Illinois Children’s Hospital at OSF Saint Francis Medical Center in Peoria, where he died the following Monday. Peoria County Coroner Johnna Ingersoll said the boy’s injuries were consistent with non-accidental blunt force trauma.

Cline remains in custody at the Logan County jail on $5 million bond

http://www.lincolncourier.com/highlight/x1143353627/To-be-continued

Murder or an accident?
Jury faces this difficult question as trial begins

By Janeen Burkholder and Nicole Harbour
The Courier
Posted Sep 15, 2011 @ 05:30 AM


LINCOLN —
Was it a case of a simple child calamity, or something more severe? That’s the question jurors in the trial of Ty Cline will be facing.

Cline, 40, is facing one charge of first-degree murder related to the death of 2-year-old Lucas Alberts Aug. 24, 2009.

Cline originally faced one charge of murder/other forcible felony and two charges of murder with a strong probability to kill or injure, but in the fall of 2009, Circuit Judge Thomas Harris granted a request from Logan County State’s Attorney Michael McIntosh to dismiss the first two charges and instead proceed with a single charge of first-degree murder against Cline.

In opening arguments, attorneys established that Cline and Lucas’ mother, Jody Alberts, 34, of Lincoln had been a in relationship for about two months and that Cline was babysitting the toddler on Aug. 22, the night before the child’s mother rushed him to Abraham Lincoln Memorial Hospital. Lucas was airlifted to the Illinois Children’s Hospital at OSF Saint Francis Medical Center in Peoria, where he died the following Monday.

At the time, Peoria County Coroner Johnna Ingersoll told media that the child’s injuries were consistent with non-accidental blunt force trauma.

Springfield attorney James Elmore, who is also the defense attorney for Christopher Harris, a man accused of murdering five members of a Beason family, is representing Cline along with Jeff Page. Cline is being prosecuted by first assistant state’s attorney John Wright and attorney Ed Parkinson.

After giving the jury a rundown of how the court process works, Judge Thomas Harris told the jurors to expect to serve at least until near the end of next week.

“I talked with the lawyers and we’re all in agreement that trial will continue until the end of next week,” he said.

Wright, in opening arguments, noted that Lucas was in a “Mommy phase,” in which he was a bit clingy, but otherwise was a normal, healthy 2-year-old. Wright outlined days leading up to the incident, making the point that at no time did the youngster display any marks or bruises, and that he was exhibiting no unusual behavior.

On Aug 22, she and several girlfriends had planned a “girls night out” at the Illinois State Fair, leaving Lucas in Cline’s care. Throughout the course of the evening, Alberts and Cline had communicated either by phone or text message. After the toddler allegedly ran into and tangled with some rat cages Cline had at his residence, Cline told Alberts about the incident, but didn’t indicate that the boy’s injuries seemed serious.

Wright established that Cline had shampooed carpeting in his apartment and had moved the cages for his two pet rats into the middle of the living room. Cline later returned with the boy to Alberts’ apartment. Cline is the father of three children and he said the rats were pets.

Wright noted in opening statements that when Alberts arrived home that night or early the next morning, she saw that Lucas did have a bruise that was visible on the side of his face. Pictures later showed the boy’s facial bruises were more prevalent on the other side, the side of his face that was against his pillow as he slept, and she did not see the extent of his bruising until the next morning. About 5 a.m. she awoke and realized that the child’s breathing was labored and that he was unresponsive and wouldn’t open his eyes.

Alberts took the witness stand Wednesday afternoon and testified that she dressed Lucas, changed his diaper, put him in her car and drove him to Abraham Lincoln Memorial Hospital. She testified that Cline said she was overreacting.

As she was leaving her apartment, she said she directed Cline to remove his things from her apartment and to leave, but she testified that at the time, she didn’t say why she was angry with him. The reason for her anger, she said, was because he didn’t go to the emergency room with her. Instead, as she left, she said he was standing outside smoking a cigarette.

Wright said that a pediatrician found that the boy died from a subdural hematoma, a severe head injury, “not consistent” with a run-in with the pet cages. In an image displayed in a Powerpoint display of evidence, it was evident that the child suffered multiple bruises on his abdomen, sides, buttocks and legs that, Wright said, were consistent with abuse and not possibly caused by an accident.

The symptoms were consistent, Wright said, with “shaken baby syndrome.” Wright acknowledged that Cline may never have intended the injury, but he surely had to know that “he committed acts that had a strong possibility that they could cause death.”

Defense attorney Elmore, in his opening statement, acknowledged that the child did suffer injury on the cages, but he said the subdural hematoma did not occur on Cline’s watch.

Elmore said the defense would present evidence that sometimes there is a time period of lucidity, sometimes for up to 72 hours, in which the brain swells and presses against the spinal cord until the body is overcome. During that time, the victim doesn’t display any distress.

“We’re not saying the rat cages caused it. We don’t know how it happened,” Elmore told the jury, urging them not to come to any conclusions until all the evidence is presented. He suggested that the damage was done before Lucas came to be supervised by Cline.

The trial will continue this morning.

http://www.lincolncourier.com/news/x519376935/Murder-or-an-accident

Denton: Injuries inflicted
Defense: Several things not mentioned in autopsy report
By Nicole Harbour
The Courier
Posted Sep 17, 2011 @ 06:00 AM


LINCOLN —
A central Illinois pathologist took the witness stand Friday and testified for the prosecution in the Ty Cline murder trial, and although he said the bruising and head injuries 2-year-old Lucas Alberts suffered appeared inflicted and the result of abuse, the defense, led by attorney Jay Elmore, was quick to point out during cross-examination that several of the pathologist’s findings were absent from the toddler’s autopsy report.

Dr. John Denton, who testified he was certified in anatomical, clinical and forensic pathology, said he performed an autopsy — which includes a medical history and physical exam — and wrote an autopsy report on Lucas on Aug. 25, 2009, at the request of Peoria County Coroner Johnna Ingersoll.

Denton testified that Lucas, while only in the 15th percentile in height for his age, seemed healthy and normal according to his medical history, but said that the injuries he observed in the toddler the day after he died, in his professional opinion, appeared inflicted and the result of abuse rather than the result of running into a set of rat cages.

First assistant state’s attorney Jonathan Wright had Denton explain Lucas’ injuries, which were documented in several pictures taken during the autopsy.

“The bruise on the back of his head appears blue,” Denton testified, using a laser pointer to indicate the discoloration on the back of the toddler’s partially shaved head in the photograph. “That indicates it was recent.”

Denton also noted two parallel areas of bruising along Lucas’ left cheek, near his jawline.

“The bruising looks patterned, which means it was caused by a patterned object or fingers,” he said. “They (the bruises) kind of curve. … In my opinion, (the bruises) are most consistent with fingers.”

Denton added that the places on Lucas’ face that appeared pale in comparison to the reddish-purple bruises on Lucas’ left cheek indicated where pressure would have applied to the toddler’s face.

“The pale marks on his face are where an object or fingers were, and they’re pale because they when they press on the face, they push blood to the side (around the object or fingers) and the blood is trapped and causes bruising.
Denton said he couldn’t make the bars on the rat cage match the marks on Lucas’ face.

“They were inconsistent,” he said.

Denton also pointed out bruising on the toddler’s left lower lip, bruising on the left side of Lucas’ neck, four red-blue bruises on his right buttock and bruising on his chest, all of which he said, due to coloration, appeared to be recent injuries when he performed the autopsy.

The internal exam of the toddler revealed the most severe injuries, including a 6-inch by 4-inch area of internal bleeding, or subgaleal hematoma, on the back of Lucas’ head, a bruise on the deep tissue of Lucas’ throat, over his voice box and a subdural hematoma — bleeding under the layer of the brain closest to the scalp — that contained 20 cc, or nearly 5 teaspoons of blood.

“His bleeding was over the top and right side of his brain,” Denton said. “And his edema (swelling) was severe. Lucas’ brain weighed 1,240 grams. It swelled so much that it was almost the weight of an adult brain.”

Denton added that Lucas also had tissue “necrosis,” or death in the left frontal lobe, right temporal lobe, left cerebellur hemisphere and brainstem due to the swelling.

“He had global (all over) injury due to blunt force trauma on the back of the head,” Denton said. “He also had bilateral retinal hemorrhaging (bleeding in the retinas of both eyes), and in the majority of cases, retinal hemorrhaging equals abusive trauma.”

The optic nerve hemorrhaging Lucas experienced, however, is “almost always due to blunt force trauma,” Denton said.

“And abuse?” Wright asked.

“Yes,” Denton replied.

When asked by Wright if he felt Lucas’ injuries were consistent with a short-distance fall into rat cages, Denton said no.

“In my opinion, no. Lucas Alberts’ injuries were not consistent with a short-distance fall. … They were consistent with inflicted head injury.”

During cross-examination by Elmore, however, Denton admitted that most of what he said during direct examination by Wright was not noted in the autopsy report, including his belief that the bruising on Lucas’ cheek was caused by fingers.

“Did you measure the bars on the rat cage?” Elmore asked Denton.

“No, I did not,” Denton said.

“Have you met Ty Cline before, or measured his hands and fingers?” Elmore asked.

“No, I’ve never met the defendant,” Denton said.

Elmore also noted that the defense had hired its own pathologist, a Dr. Schuman, to review Lucas’ case, and alluded to the fact that Schuman believed Lucas’ death could have resulted from a short-distance fall into the rat cages, establishing that Schuman and Denton disagreed on how Lucas received his injuries.

At the conclusion of the afternoon session, in which witness Amber Bensen testified she received a text message about Lucas running into the cages from Cline, and Vicki Buckles-Shroyer testified that Cline’s car and the cages were present at Jody Alberts’ - Lucas' mom - apartment on the evening of Aug. 22, 2009, the prosecution concluded their presentation of evidence.

“The people rest,” Wright said.

Elmore noted that the defense’s first witness, Dr. Schuman, would not be able to testify until Tuesday, giving the jury a day off on Monday.

The trial will resume Tuesday at 9 a.m.

http://www.lincolncourier.com/news/x827638217/Denton-Injuries-inflicted

Friday, Sep. 23, 2011
Illinois man convicted in beating death of toddler
The Associated Press

LINCOLN, Ill. -- A Logan County jury has found a 40-year-old Lincoln man guilty of first-degree murder in the beating death of his girlfriend's 2-year-old son.

The (Bloomington) Pantagraph reports that ( http://bit.ly/nzv2Dz) the jury deliberated about 10 hours before convicting Ty Cline on Thursday.

Prosecutors say Cline hit and killed Lucas Alberts while babysitting the boy in August 2009 for then-girlfriend, Jody Alberts.

Jody Alberts took her son to a hospital the next morning after finding him struggling to breath and unresponsive. He died the next day.

Cline testified the boy stumbled and hit his head on a rat cage in the living room. But prosecutors say the boy's injuries were not consistent with a fall, including a head injury that reached the brainstem.

Cline is scheduled to be sentenced Dec. 1.

Read more: http://www.bnd.com/2011/09/23/1871708/lincoln-man-convicted-in-beating.html#ixzz1YmyWRk1q

Cline murder sentencing continued until Jan. 5

By Nathan Woodside
The Courier
Posted Nov 30, 2011 @ 09:05 AM

Sentencing for a 40-year-old Lincoln man convicted of murdering the 2-year-old boy he was babysitting has been continued until Jan. 5.

Ty Cline, who a Logan County jury found guilty in the beating death of 2-year-old Lucas Alberts, was scheduled for sentencing on Tuesday. However, defense attorney James Elmore appeared in court on Monday, via teleconference, to request that the hearing be delayed.

According to court filings, Elmore said he needed more time to secure the attendance of witnesses identified in the presentence investigation report.

Logan County First Assistant State’s Attorney Jonathan Wright and Appellate Prosecutor Ed Parkinson didn’t object to the request.

Cline is convicted of beating the toddler in August 2009. The boy died days later at OSF St. Francis Medical Center in Peoria.

During the jury trial, the defense argued that the boy was injured falling into rat cages in Cline’s home. However, doctors testified that Alberts died from blunt force trauma that couldn’t have been the result of an accidental fall.

Cline faces up to 30 years in the Illinois Department of Corrections.

http://www.lincolncourier.com/mobiletopstories/x1915583283/Cline-murder-sentencing-continued-until-Jan-5

UPDATED: Cline sentenced to 30 years for murder

By Nathan Woodside

The Courier

Posted Jan 05, 2012 @ 04:30 PM

LINCOLN —


A Lincoln man has been sentenced to spend 30 years in prison for the 2009 murder of his former girlfriend's two-year-old son.

In September, a Logan County jury found 40-year-old Ty C. Cline guilty of beating 2-year-old Lucas Alberts with a blunt object while watching the toddler at his home.

Cline argued that the boy had suffered injuries falling into rat cages and he had never struck the child, who was unresponsive and wheezing the next day. He later died at OSF St. Francis Medical Center in Peoria.

During a sentencing hearing on Thursday, Cline told the court he regretted not seeking medical treatment for the boy sooner, but still contended he never harmed Lucas Alberts.

"I accept the verdict, but I don't agree with it," Cline said. "I did not hit, strike or harm Lucas in any way."

Cline, a father of three, called the situation a nightmare and said he couldn't imagine what the victim's family has gone through.

"I ask for forgiveness for past mistakes and for a chance at redemption," he said, wiping tears from his eyes.

Cline faced a maximum sentence of 60 years in the Illinois Department of Corrections. Logan County first assistant state's attorney Jon Wright asked the court to impose a 50-year sentence, while defense attorney Jay Elmore recommended between 25 and 35 years.

"We are considering a 2-year-old child who was without the ability to defend himself, even in terms of flight," said Wright, adding that if there was a ever case where a significant sentence could act as a deterrent to others who harm children, the Cline case is one of them.

Jody Alberts, the mother of Lucas, made it clear to Circuit Judge Thomas Harris that she wanted Cline to pay.

Reading a victim impact statement on Thursday, she listed the dozens of life events Lucas would never experience.

"It took all of those things away from me and his family," Jody Alberts said. "No one will ever replace the part of my heart that is gone. As I held Lucas and he took his last breath, a part of me died with my son."

Elmore argued that Cline had a history of being an upstanding citizen, who took good care of his three children and was an exemplary 10-year employee of Heritage Packaging. The last time Cline was in trouble with the law was a DUI charge in 1997.

"He is a good and decent person," said Elmore. "He hopes someday he can redeem himself… This is not just some monster… This person should not die in prison. He deserves, when he takes his last breath, to be a free man."

The defendant's ex-wife, Teresa Cline, testified Thursday that, even after their divorce, he was a good father to their children and spent time with them daily.

However, Division of Children and Family Services (DCFS) investigator Nancy Brittin said Cline may have had a history of abusing his children.

She testified Thursday that an investigation done in 2006 indicated Cline's three children were substantially in danger of abuse.

Brittin outlined several instances in which Cline was accused of hitting or kicking his 9-year-old and 5-year-old daughters, as well as his 2-year-old son.

Wright also offered a victim impact statement from Lucas' aunt, Lindsey Alberts, who said the boy was going to be the ring bearer at her wedding.

She said his death has brought constant nightmares to her and her husband.

She said the murder left them questioning their previously strong faith in God.

"What did we do to deserve this? We couldn't pray or go to church," she said.
Rodney and Jill Alberts, the grandparents of Lucas told the court the boy was like their son. Lucas had no father in his life, and the grandparents were a big part of raising him.

Rodney Alberts accused Cline of having no remorse.

"There is no doubt he is a murderer, and we ask for the maximum sentence," he said.

Prior to sentencing, Harris said he received 48 letters in support of Cline, painting a picture of a good man with a loving and supportive family.

"I can't begin to tell you how difficult this sentencing is," he said. "Nothing I do here will enhance the memory of Lucas. Nothing I do here will diminish the memory of Lucas."

Harris said he took many things into account when deciding how many years Cline would spend behind bars.

The judge noted that the 2006 DCFS investigation carried little weight in his decision, as the accusations were vague and that he found Cline would be unlikely to commit another crime has a free man.

Harris said his research into Cline as an individual, "painted a picture of a man no different than any other man walking down the street in Lincoln."

He added that Cline seemed to have a generally good and moral character.

Before announcing the 30-year sentence, Harris also said he took into account the cost of keeping a prisoner locked up.

According to the circuit clerk, Harris said each prisoner costs the state $21,911 per year.

Cline was given credit for 862 days he’s already spent in the Logan County Jail. He will have to serve 100 percent of his sentence, meaning he would be 68 years old when he’s released.

Following sentencing, Elmore said the conviction would be appealed. He didn't elaborate.

Wright said he respects the sentence, although much lighter than what he sought.

"We respect the process, we respect the jury's verdict and we respect the court's sentence," Wright said. "It's not for me to say whether he's a good man or a bad man. My role as a prosecutor is to present the sentencing, the factors that we believe are aggravating, that should weight towards a significant sentence, and we argue that. It was a gut-wrenching case from the early stages of the investigation, through the trial, through the sentencing hearing."

Motion for new trial
Prior to sentencing, Elmore made a motion to throw out his client's conviction.

He argued that the jury didn't have an option of convicting Cline of child neglect, which he argues is the only crime his client may have committed.

"The jury might have been convinced he is guilty of something, so they wouldn't want to just acquit him outright," Elmore said, adding that there is no question Cline should have sought medical treatment for the child sooner.

Elmore said the amount of time jurors deliberated, 11 hours, indicated they weren't sure what they should do.

"It sounds like, listening to the back-and-forth between the jurors, that's what they were looking for," Elmore said.

Harris denied the motion saying jurors received instructions on the charges at hand, which didn't include child neglect.

"It was an all or nothing gamble," Harris said.

http://www.lincolncourier.com/news/x1015660975/Cline-sentenced-to-30-years-for-murder