Ruling delayed in quest for new trial in day care murder

WAUKEGAN, Ill. (AP) - A judge is delaying his decision on whether to overturn the murder conviction of a suburban Chicago woman in the death of a toddler in her care.

Lake County Judge Daniel Shanes initially indicated he might announce a decision Friday in the case of Melissa Calusinski. He has rescheduled a hearing on the case for Sept. 30.

Calusinski's lawyers say a set of X-rays of Benjamin Kingan found in the Lake County coroner's office were withheld from them before her trial. They also say the X-rays show the 16-month-old month-old died not from a skull fracture caused by Calusinski but from a prior injury.

Shanes presided at Calusinski's 2011 trial and sentenced her to 31 years in prison. If he tosses out the conviction, prosecutors would have to decide whether to retry her.