Charges dismissed in Lake in the Hills shaken baby case

McHenry County prosecutors, citing new evidence that cast their case in doubt, dropped child abuse charges Wednesday against a Lake in the Hills day-care operator accused of violently shaking an infant in her care.

Heather C. Kierl, 36, said she was grateful for the decision and did not harbor any ill will toward her accusers despite the more than seven months it took to clear her name.

"I'm just very relieved it's over," Kierl said. "My family is the most important thing to me, and to think I could lose them is insane. Especially when I had done nothing wrong."

Authorities charged Kierl in August with two counts of aggravated battery to a child after a three-month investigation into accusations she harmed a one-year-old Crystal Lake boy in May.

The accusations surfaced while the boy was undergoing treatment for an apparent brain injury at Children's Memorial Hospital in Chicago. Hospital staff contacted Lake in the Hills police to report that the boy's injuries were consistent with shaken baby syndrome.

Kierl, who at the time was operating a licensed day-care center in her home, was believed to be the last person with the boy when he suffered the injuries.

However, Assistant McHenry County State's Attorney David Johnston said Wednesday new evidence contradicted the initial findings and prosecutors could not prove the charges.

"We obtained the opinion of a second doctor who is renowned in the field of child abuse," Johnston said. "The findings were that the injuries could have been caused by other means."

The boy, Johnston added, has recovered fully from the injuries suffered last spring and does not appear to have sustained any permanent brain damage.

Kierl's defense also provided authorities with the results of a polygraph examination she passed and statements supporting her from several others whose children had been in her care.

Her attorney, Terry Sullivan, credited McHenry County State's Attorney's office for seeking the second opinion and reviewing the defense evidence.

"They could have just as easily said, 'We don't care,' " Sullivan said. "They should be commended for taking a look at it."

Although she's been cleared, Kierl said she has no plans to re-open her day care.