Judge may grant bail for child killer

Attorneys for Wegner filed the motion for bail on Thursday. Prosecutors said they will file a response opposing the motion on Monday.

District Judge Mark Gibbons said Friday he will consider arguments from both sides before making his ruling Wednesday morning. However, the judge said he is inclined to grant the request.

"There are extraordinary circumstances in this case," Gibbons said during a hearing in which he denied Wegner's request that he set aside her conviction and grant her an acquittal.

The judge will decide Wednesday whether to order a new trial. Should he let the conviction stand, Gibbons likely would immediately take up the issue of sentencing.

Wegner faces a penalty of life in prison with parole eligibility after 20 years or life without the possibility of parole.

After sentencing, Gibbons would decide whether Wegner should be freed on bail while she appeals her conviction.

On Dec. 3, jurors convicted Wegner of first-degree murder in the March 5, 1997, death of 14-month-old Kierra Harrison. The child died of massive head trauma.

Defense attorney Tony Sgro said bail should be granted because "this is not an ordinary murder case."

For example, he said, both sides presented extensive medical testimony from experts whose positions tended to corroborate the case of the side that called them to the stand.

Also, Sgro said the nature of the case did not require that prosecutors prove Wegner intended to kill the child in order to obtain a first-degree murder conviction.

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