Judge allows new evidence in 2009 toddler death case
WAUKEGAN, Ill. -- A Lake County judge has ruled that he will allow new testimony in the case of a Chicago-area day care worker who was convicted in a toddler's death.
Melissa Calusinski of Carpentersville is serving a 31-year prison sentence from her 2009 first-degree murder conviction in the death of 16-month-old Benjamin Kingan of Deerfield. Her attorneys claim new evidence shows the boy died from pre-existing head injuries. Prosecutors dispute that claim and alleged Calusinski slammed the child to the floor at a Lincolnshire day care center.
The Chicago Tribune reports (http://trib.in/1trxQRZ ) that a judge ruled Monday.
The 29-year-old Calusinski's attorneys point to a new set of x-rays that they say show the boy didn't have a fresh skull fracture. Prosecutors argue that the x-rays are neither new nor significant.
Information from: Chicago Tribune, http://www.chicagotribune.com