"Both of you ought to live the rest of your lives" knowing that you could have done much more, Common Pleas Judge Benjamin Lerner told Marie Moses, 35, and her cousin Diamond Brantley, 22.

"It's very possible you contributed to the death of this girl."

Moses and Brantley pleaded guilty in May to one count each of perjury, a third-degree felony.

The judge sentenced Moses to three-years' probation and 100 hours of community service. He sentenced Brantley to two-years' probation and 75 hours of community service.

Ed McCann, chief of the District Attorney's homicide unit, asked for a sentence of at least five-years' probation plus community service for each of the defendants, and suggested that Moses get a longer term.

He said that in Moses' pre-sentence investigation report she still maintained that she was unaware of Danieal's condition right before her death. Brantley, however, acknowledged that she lied to the grand jury to help Danieal's mother, Andrea Kelly, McCann said.

Danieal, who suffered from cerebral palsy, was found dead Aug. 4, 2006, in her mother's Parkside home.

Andrea Kelly, who turned 40 yesterday, pleaded guilty in April to third-degree murder and endangering the welfare of a child. She was sentenced to a negotiated 20 to 40 years in state prison.

Brantley, who was seen silently weeping in the courtroom before the sentencing, told the judge yesterday: "I'm sorry for the tragedy of Danieal Kelly's death."

Moses also said that she was sorry, but added: "Yes, I was her mother's friend, but clearly [Andrea Kelly] was not mine."

Moses' attorney, William Bowe, yesterday said that the one count of perjury, to which his client pleaded guilty, dealt with the "condition of the kitchen in the home."

Upon hearing that, McCann blurted, "I don't recall that at all," and disputed the contention.

Afterward, McCann told reporters that it was clear at the time of the guilty plea that Danieal's condition was "part and parcel of Ms. Moses' plea."

"I'm offended by that whole notion that this perjury was about the conditions of the kitchen and the house," McCann said. "It was Danieal's condition that was essential to the case."

Earlier in court, Tim Barton, Brantley's attorney, said of his client: "Not only did she feel bad for Danieal and the situation that occurred, she also felt bad for [Andrea] Kelly."

Both defense attorneys said that their clients have no prior arrests.

Five other defendants charged with other crimes in connection with Danieal's death still face trial. They are her father, two now-fired Department of Human Services employees and two former workers of the now-defunct MultiEthnic Behavioral Health, a private agency that was contracted to look after Danieal.

Moses' daughter, Andrea Miles, 19, had previously admitted her guilt in Family Court to perjury before the grand jury. She was a juvenile at the time of her offense and was sentenced to probation. *