Crime & Safety
Ex-Day Care Worker Convicted in Boy's Death Begins Quest for New Trial
First of three hearings began Thursday to determine if new evidence in Melissa Calusinski's case is enough to merit a 2nd trial.
The case of Melissa Calusinski—a former day care worker convicted of killing a 16-month-old Deerfield boy in her care—was before a Lake County judge again Thursday. The proceeding was the first of three hearings to see if the Carpentersville woman will be granted a second trial to present a jury with new evidence that ultimately could clear her.
In 2011, Calusinski, 29, was convicted of first-degree murder in the death of Benjamin Kingan at a Linconlshire daycare center in January of 2009. She is currently serving a 31-year prison sentence for the conviction.
A judge, however, ruled in June that he would allow hearings to be held so that new testimony could be heard in the former day care worker's case. Calusinski was transported Wednesday from the downstate facility where she's serving her sentence to the Lake County Jail so she could attend the hearings.
Find out what's happening in Deerfieldfor free with the latest updates from Patch.
During Thursday's hearing, Calusinki's attorney began presenting evidence showing that Benjamin actually died from a previous injury and not from any caused by their client, the Chicago Tribune reports. Calusinski's defense team claims X-rays of Benjamin's body don't show a skull fracture and that the boy had a history of banging his head against the floor, something that possibly could have caused the injury that led to his death, the report stated.
More Melissa Calusinski Coverage on Patch:
Find out what's happening in Deerfieldfor free with the latest updates from Patch.
- New Murder Trial for Convicted Day Care Worker? Upcoming Hearings Could Make It Happen
- Judge Rules New Testimony Will be Heard in Daycare Death Case
- Should Melissa Calusinski be Released from Prison?
- Protesters Call For Release of Melissa Calusinski
- Melissa Calusinski Daycare Death Again Profiled on '48 Hours'
The hearings will continue Friday, Aug. 19, and then resume Sept. 16 in order to accommodate a final witness' schedule. After that, the judge will determine if the new evidence presented is great enough that it would change the result of a trial. If that's the case, then Calusinski will be get a second chance at proving her innocence.
PHOTO: Melissa Calusinski during her appearance on the news show "48 Hours." (Image via CBS)
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