Crime & Safety

Judge Delays Ruling on New Hearing for Ex-Day Care Worker Convicted of Murder

Lawyers for Melissa Calusinski say new X-ray evidence shows she isn't responsible for the death of a 16-month-old Deerfield boy in 2009.

A Lake County judge didn't rule Tuesday on whether he will allow lawyers for a former Carpentersville day care worker found guilty of killing a 16-month-old Deerfield boy in 2009 to introduce new evidence in the case, the Chicago Tribune reports.

In 2012, Melissa Calusinski was convicted of first degree murder in connection with causing the death of Benjamin Kingan at a Linconlshire day care center in January of 2009. She is currently serving a 31-year prison sentence for the conviction.

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During her trial, prosecutors claim Calusinski admitted to causing the boy's death, but she says the confession was coerced. Calusinski claims her admission came after a nine-hour interrogation and that she had denied causing his death 79 times before finally admitting to it.

Calusinski's lawyers also say new X-rays of Benjamin show he might have died from a pre-existing head injury and not a skull fracture caused by Calusinski.

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Judge Daniel Shanes told lawyers for both sides Tuesday that he needed more time to go over legal filings before he could rule on whether Calusinski would be allowed a new hearing to introduce the X-ray evidence, the Tribune reports.

The judge scheduled a follow-up hearing for June 13.

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