State's attorney candidates argue over Calusinski case

Lake County state's attorney candidate Matthew Stanton said he doesn't understand why the current state's attorney's office is not open to giving a new trial to a woman found guilty of killing a toddler in one of the most high-profile cases in county history.

However, his opponent, Michael Perillo Jr., criticized Stanton for the statement made during a Daily Herald endorsement interview, saying Stanton brought up the high-profile case to "garner votes."

Perillo, a 60-year-old Grayslake attorney, and Stanton, a 54-year-old attorney from Gurnee, are running in the March 15 Democratic primary.

The winner will face Republican incumbent Michael Nerheim in the November general election.

During the candidate interview, Stanton mentioned the Melissa Calusinski case when asked if there was a decision or area of the state's attorney's office he was critical of during the past four terms.

Stanton said he doesn't understand why the office is opposed to giving a new trial to Calusinski if she could be exonerated.

"There seems to be at least a chance there is new evidence that might be exculpatory," he said. "And why is Mike Nerheim's office opposing a new trial if there's a chance this person could be exonerated?"

Calusinski, 28, of Carpentersville was sentenced to 31 years in prison after a jury convicted her of first-degree murder in the 2009 death of 16-month-old Benjamin Kingan at the Minee Subee in the Park Day Care in Lincolnshire.

Calusinski was found guilty in 2011 of throwing the Deerfield boy to the floor, causing a fatal head injury.

Defense attorneys have filed motions seeking a new trial for Calusinski, claiming new evidence has been discovered. The state's attorney's office has countered that the "new" evidence has already been argued in court.

A court hearing on the issue is set for March 11.

Perillo said it was wrong for any candidate seeking the state's attorney's office to discuss specific cases when those cases haven't been resolved.

"Ms. Calusinki's case is pending," he said. "I don't think it's appropriate for anyone running for this office to comment on what he or she would do if elected in that case. We need to allow the court system to function."

Perillo also said Stanton was taking the stance in to "garner votes" from people sympathetic to Calusinski.

"You said words to the effect that, 'Why not give Ms. Calusinski a new trial?'" Perillo said. "That's going to be up for a court to decide. I don't think it's appropriate to try to garner votes as to what any of us would do if elected in a given case that's pending."

Stanton said he did not call for a new trial and that he didn't bring up the case to win votes.

"If we are really pursuing justice, why are we not giving the baby-sitter case another chance," he said.