This is very rare," Calusinski's high-profile lawyer, Kathleen Zellner, said of the court victory. Email This is an archived article and the information in the article may be outdated. The Carpentersville woman, now 29, has long maintained her innocence in the death of month-old Benjamin Kingan, of Deerfield.
The state's attorney's office said it welcomed the hearing because it gives prosecutors the first chance to respond formally to the new claims by the Calusinski camp. This is very rare," Calusinski's high-profile lawyer, Kathleen Zellner, said of the court victory. We believe that the evidence will clearly show that the defendant's claims are without merit and will again confirm that she is guilty of the murder of a child," the office said in a statement. Coroner Thomas Rudd's office did find and provide Melissa Calusinski's attorneys with a new set of X-rays they say show that Benjamin did not have a fresh skull fracture, as prosecutors have contended. News Local news Breaking News Woman found guilty in day care murder wins in court, will get new hearing Melissa Calusinski, a Carpentersville woman who worked at a now-closed day care center in Lincolnshire, is fighting to overturn her murder conviction. They say they later learned of a second set that was clear. But defense lawyer Kathleen Zellner and others allege that the forensic evidence in this case was mishandled. Benjamin's parents, Amy and Andrew Kingan, attended the hearing and left immediately after it ended without commenting to the media. Prosecutors argued that the toddler died of a skull fracture, which they say happened when Calusinski threw him to the ground in anger. The Carpentersville family has maintained from the very start, after the toddler's death in , that there was no way that Melissa could have been responsible for what happened. File Photo Subscribe for unlimited digital access. The family alleges that top Lake County investigators coerced a false confession out of Calusinski, who worked at the now closed Minee Subee day care center in Lincolnshire. Monday's hearing was briefly interrupted when a disturbance in the crowded gallery prompted two deputies to remove a man from the courtroom. Tony Briscoe Contact Reporter Chicago Tribune Nearly five years after a Chicago-area day care worker was found guilty of murder in the death of a toddler, a Lake County judge ruled Monday that he will allow new testimony to be heard in the case — a turn the woman's lawyers hope will lead to a reversal of her conviction. At an unsuccessful request in for a new trial in the Lake County, Zellner called a pediatric radiologist, who said the X-rays showed it was impossible for Benjamin to have suffered a skull fracture. Melissa Calusinski worked at this Lincolshire daycare center when she was convicted of murder in the death of one of the children there, Benjamin Kingan. Calusinski, now 29, is in the Lake County courtroom for what is expected to be a two-day evidentiary hearing. A subsequent Lake County Coroner, Dr. Email This is an archived article and the information in the article may be outdated. The same judge who heard the original trial is presiding over the hearing. Please look at the time stamp on the story to see when it was last updated. Calusinski was working at the now-closed Minee Subee in the Park day care center in Lincolnshire, in when Benjamin fell ill at the center and died later that day in a hospital. Calusinski told investigators following a long interrogation that she slammed the boy's head to the ground after becoming frustrated with him, but her lawyers have maintained that the admission was coerced. Lake County prosecutors, who tried to block the request for a new trial, are in essence trying to defend their conviction. Calusinski, now 31, of Carpentersville, was one of the caregivers of month-old Benjamin Kingan, at the now-shuttered Minee Subee Daycare, in Lincolnshire. The legal victory for Melissa Calusinski, whose case has attracted national attention, gives her lawyers the chance to offer what they say is new evidence showing that the boy in Calusinski's care died not by her hand but of a previous injury — a claim prosecutors dispute. Parents of Melissa Calusinski, a former day care worker, say she will be allowed to present new evidence.
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