Woman must serve at least seven years

Shortly before former day care worker Alica Wegner surrendered to authorities Friday in a Las Vegas courtroom, her mother told her, "You can do it. You're strong."

With those words, Wegner met her fate.

Wegner walked into District Judge Michelle Leavitt's courtroom and turned herself over to authorities. She pleaded guilty last week to second-degree murder in the slaying of 14-month-old Kierra Harrison, who died in 1997 two days after being in Wegner's care.

Wegner was to be retried for Kierra's slaying at the end of July.

More than 20 friends and relatives gathered at the Regional Justice Center on Friday to see Wegner one last time as a free woman. Her two daughters, ages 12 and 18, were there. So was her 15-year-old son and husband.

Her mother, Kay Simonds, came to Las Vegas from Orange County, Calif., to be by her daughter's side. She said the toll the case has taken on Wegner and her family has been enormous.

"It's almost indescribable the pain you feel knowing your daughter is being accused of something that is just not in her DNA," Simonds said.

Wegner on July 16 entered an Alford plea, meaning she didn't admit wrongdoing but acknowledged there is enough evidence to convict her.

Wegner's family said she took the plea because she didn't want to put her three children through the pain of a trial.

Simonds maintains that her daughter would never kill a child.

Originally from Los Angeles, Wegner was raised in California and attended Embry-Riddle Aeronautical University. She later moved to Las Vegas and started a licensed day care business.

Kierra's grandmother, Pamela Rowse, also was in court Friday to see Wegner surrender. Rowse called the ordeal a "living, breathing nightmare" but considered the outcome justice.

Although Friday was an emotional day for Wegner and her family, Rowse said, her own family has lived with the pain of losing a granddaughter and daughter for more than a decade.

"(Wegner) had 12 years to tell her family goodbye," she said. "We didn't even get a moment to say goodbye to Kierra because Alica served as her judge, jury and executioner."

For her last night of freedom, Wegner and her family had an early birthday celebration for her with friends and relatives. She turns 55 next month.

But Friday morning, Wegner was extremely weak and nauseous. She vomited several times and Simonds worried that her daughter wouldn't hold up under the emotional strain.

"My thought was, 'God keep her safe,' " she said. "Because it's (prison) such a horrible place to be."

A jury convicted Wegner of first-degree murder in 1998. Wegner was sentenced to life in prison with the possibility of parole after 20 years.

The Nevada Supreme Court overturned the conviction in 2000 and granted her a new trial because of faulty jury instructions.

Justices objected to instructions stating that a killing by child abuse is first-degree murder regardless of whether the killing was intentional. They also ruled the judge should have granted a defense request that jurors be able to consider a lesser charge of manslaughter.

Wegner served three years in prison and has been out on bail pending her new trial.

Kierra died on March 5, 1997. The official cause was massive head trauma.

During Wegner's first trial, experts testified that Kierra's injuries occurred while she was in Wegner's home.

Doctor's said the injuries were the same as if Kierra were dropped onto her head from a two-story building, court records state.

But another expert told the jury that he suspected Kierra was hurt a week before she died and the injury hadn't healed.

Then she got hurt again while in Wegner's care -- possibly from a minor fall -- and the wound worsened.

As part of her plea, Wegner agreed to be sentenced to 10 years to life in prison or 10 years to 25 years in prison. Because she's already served three, she could be eligible for parole in seven years.

Simonds said she and Wegner believe there is a larger reason for years of pain. But they are still struggling to find it.

"There is a purpose for it. God will reveal to us as time goes on," she said. "She (Wegner) feels God will catch her."

Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.