Judge denies new trial motion in day care murder case

Updated 9/30/2016 11:49 AM

WAUKEGAN, Ill. -- A judge has denied a motion for a new trial by a suburban Chicago woman who was convicted in the 2009 death of a toddler in her care.

The Chicago Sun-Times (http://bit.ly/2cGBFi7 ) reports that Lake County Judge Daniel Shanes on Friday rejected the argument from Melissa Calusinski's attorneys that new X-rays reveal that 16-month-old Benjamin Kingan of Deerfield didn't die from a skull fracture caused by Calusinski but from a prior injury.

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Shanes instead found that he saw no evidence there was ever a set of "new" X-rays and without such evidence, Calusinski's attorneys case "falls apart like a house of cards."

Shanes presided at Calusinski's 2011 trial and sentenced her to 31 years in prison.

Calusinki's attorney, Kathleen Zellner, said Lake County judges "never admit they're wrong."


Information from: Chicago Sun-Times, http://chicago.suntimes.com/

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