The home day care owner charged in the 2012 death of a Clairemont infant pleaded not guilty in court Monday.
Last week, James Nemeth, 38, was arrested on a residential street in Clairemont, just a mile away from where 11-month-old Lou Oliver died in his care.
He is being held on $2 million bail in connection with charges of first-degree murder and assault on a child resulting in death.
In court, the victim's mother, Cristina Oliver, was upset and crying after she saw Nemeth in person for the first time in over two years.
Baby Lou was alert and healthy when he was dropped off at the San Diego Daycare, also known as the James Nemeth Family Childcare, on May 23, 2012, according to his mother.
Just a few hours later, Lou’s mother, got an alarming text message from Nemeth telling her to "come quickly, Lou did not wake up from his afternoon nap," Oliver told NBC 7 in February.
Lou was rushed to Rady Children's Hospital by ambulance, but at 1:30 a.m. the next morning, he was declared dead.
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."
Nemeth’s bail amount will be reviewed next week, and a preliminary hearing has been scheduled for Nov. 17.
If convicted, Nemeth faces 25 years to life in prison.