The charges in the case of Karl Kjeldgaard have been dismissed without prejudice.
The Omaha man who was accused of allegedly causing the death of his Beatrice girlfriend’s infant child was released from custody Friday afternoon and bond money was ordered to be repaid.
Dismissed without prejudice means that the case can be revisited in the future if necessary.
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Gage County Attorney Randall Ritnour said the motion to dismiss was filed on Friday because further investigation is needed.
Gage County District Court Judge Paul Korslund asked for further elaboration on why the charges were being dismissed.
“There are still additional investigations going on and additional information that is being received,” Ritnour said. “I’m not sure that my office should indicate — prior to there being any kind of discovery with respect to those further charges —give too much information other than to say that when we reviewed and discussed more with the experts that we talked to that there were some questions that arose that needed to be answered before we could move forward with those two charges.”
Korslund was concerned with fulfilling Kjeldgaard’s right to a speedy trial. Ritnour, who’s term expires at the end of this year, said he doesn’t want to reveal anything that will hinder future prosecutors.
“Speedy trial is part of the concern,” Ritnour responded. “As you know I won’t be here after January, so what we want to make sure of is that what happens now does not harm any prosecution by a special prosecutor later on.”
Representing Kjeldgaard was James Mowbray from the Nebraska Commission of Public Advocacy and public defender Roger Harris.
Mowbray said he feels that forensic evidence proves that Kjeldgaard is innocent.
“I don’t think whatever the state does, that anything is going to change the facts,” Mowbray said. “The facts are that unfortunately this was a natural caused death. I contacted a forensics expert who looked at everything and it was his opinion that there was no criminal liability involved in this child’s death. Unfortunately, she died from SIDS or possibly by an overlay, which would have been accidental.”