A forensic pathologist whose testimony helped convict a daycare worker of murder is now admitting he made a mistake in his diagnosis of the victim.
Sixteen-month-old Benjamin Kingan of Deerfield died of head injuries on Jan. 14, 2009, after being left in Melissa Calusinski’s care at the Minee Subee center in Lincolnshire.
Calusinski was convicted of first-degree murder and aggravated battery after a Lake County jury found she threw the 22-pound toddler down so violently he suffered fatal brain trauma when his head hit a tile floor.
But according to the Chicago Sun-Times, Eupil Choi admits in a sworn affidavit that Kingan had suffered a head injury before the date he was believed to have been killed by Calusinski, as evidenced by bleeding on the brain.
Calusinski, of Carpentersville, was sentenced to 31 years in prison, but her lawyers are now seeking a new trial, according to the newspaper.
New Lake County State’s Attorney Mike Nerheim told the Sun-Times that he's reviewed the case and doesn't believe there's any reason for a new trial because "they simply rehash the defense’s arguments at trial."
Calusinski maintains that she was coerced to confess to the crime after hours of intense questioning.