Father denies shaking twin

When they found out they were expecting twins, Brian Kalinowski and his wife did what first-time parents typically do. They bought furniture and prepared the nursery. They took prenatal classes at an area hospital and even learned how to perform infant CPR.

All of that, defense attorney Lawrence Lykowski suggested Thursday, makes it improbable that the Palatine man shook and seriously injured one of his then-3-month-old twins on Sept. 28, 2008.

Lykowski spoke during Kalinowski's bench trial in Rolling Meadows, where the defendant testified in his own defense to refute aggravated battery charges against him.

"There was no shaking, nothing like that," said Kalinowski, who insisted he held his son properly at all times that Sunday afternoon.

The baby was colicky and suffered from a type of acid reflux, but had no other health issues aside from some congestion that morning, Kalinowski said. Now 22 months old, the child has fully recovered. He and his brother have been living with relatives, Lykowski said. Kalinowski has court-approved visitation. His wife has no restrictions, Lykowski said.

Kalinowski testified he was alone with the infants at their home in the 1100 block of N. Clarement Drive, that afternoon. After his wife returned, they noticed the baby's limbs were stiff and his eyes had rolled back into his head, Kalinowski said. The couple called 911 and paramedics rushed the baby to the hospital, where he underwent emergency surgery for bleeding on the brain.

When police questioned him at the hospital, Kalinowski said he told them he never shook the boy. The next day, they asked him to come to the police station to sign some medical release forms and questioned him again about what happened that afternoon. But to every statement, Kalinowski claimed the officers responded with "Is that when you shook him?" or "Is that when you got frustrated?"

Insisting he never harmed his son, Kalinowski denied telling authorities he "shook the child violently." He also denied saying he was "frustrated."

"Did you shake and injure him intentionally or accidentally on Sept. 28? Did you admit to law enforcement officers that you shook or injured him at all?" asked Lykowski Thursday.

"No," Kalinowski answered.

Prosecutors disputed those claims last month after Dr. Shaun O'Leary, the baby's neurosurgeon, testified the injuries the boy suffered were consistent with a trauma that occurred within the previous 24 hours. A shaken baby could sustain such injuries, O'Leary said, adding that in rare cases, a clotting disorder might also cause the condition. Medical reports indicated the baby did not have such a disorder, prosecutors said.

Pediatric ophthalmologist Dr. David Mittelman testified earlier that the baby had a retinal hemorrhage in both eyes which would have been caused by "a significant amount of force." He suggested the injuries were consistent with abusive head trauma, known as Shaken Baby Syndrome.

The state does not have to prove the infant suffered from Shaken Baby Syndrome, said Cook County Assistant State's Attorney Mike Clarke.

"We have to prove (Kalinowski) intentionally caused harm to (his son)," he said.

The trial resumes Tuesday in Rolling Meadows.