CA - Louis Oliver, 11 mos, shaken to death, San Diego, 23 May 2012

Three months after an 11-month-old boy died from injuries he received at a San Diego daycare facility, the medical examiner's office has now declared Louis Oliver's death a homicide.

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A home day care owner has been arrested in the mysterious 2012 death of an infant who died in his care.
According to San Diego Police, James Patrick Nemeth, 38, was arrested on a residential street in Clairemont, just a mile away from where 11-month-old Lou Oliver died. He was then booked into County Jail and charged with first degree murder...

Three months later, after an autopsy had been performed and analyzed, the San Diego County Medical Examiner's Office ruled Lou's death a homicide, stating he suffered head and spine trauma.

The report states injuries were consistent with "shaken baby syndrome."

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“James Nemeth was arraigned [Monday] on a two count complaint. He is charged with assault on a child resulting in death and murder,” said Deputy District attorney, Nicole Rooney...

Nemeth was arrested last Thursday and is being held on $2 million bail. It is unclear why it took nearly two years to arrest Nemeth.

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The former operator of a Clairemont daycare facility accused in the 2012 death of a baby pleaded not guilty Monday to charges of murder and assault on a child under 7 resulting in death...


CBS News 8 looked into Nemeth's history, and found in 2007 Social Services cited him at another daycare for providing alcohol to a minor under his care. That same year, he was cited again for having toxic cleaning products accessible to children, as well as being physically rough with his own child.

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A day care owner charged with the murder and assault of an 11-month-old baby will stand trial, a judge decided Tuesday...

Nemeth's former day care assistant, Christina Duran, also testified Tuesday. She said the day Lou died, she heard a loud sound coming from the room where Nemeth was trying to put Lou down for a nap...

Rooney asked Duran if Nemeth seemed frustrated at the time. She said she answered “yes.”...

[A pediatrician] acknowledged there was evidence of an earlier, prior minor head injury...

Defense attorney Al Arena questioned the medical experts including Kaufhold, trying to show evidence of a prior head injury. In an exclusive interview, he told NBC 7 Nemeth is not the only suspect.

“We're not conceding that the child was injured at the day care center,” he said. “But, if you look at in the light most favorable to the prosecution, there were three adults that were there at the day care."

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According to evidence presented at his preliminary hearing, Nemeth was alone with the child for about an hour the afternoon of May 23, 2012...
Deputy District Attorney Nicole Rooney alleged Nemeth lied about when he called 911, dialing the emergency number only after he talked on the phone with his mother for four minutes...

Rooney alleged the defendant inflicted a head injury on the baby about eight days before fatally injuring him...


Another San Diego police detective testified that Nemeth's adult daughter told investigators that her father had a temper and yelled at children at his daycare facility, where she also worked. She told police that her father would become frustrated when babies cried, the detective said.

A former employee told authorities that she called Child Protective Services after seeing Nemeth push a boy down a hallway and press the boy's nose against a wall, a district attorney's investigator testified.

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