Expert Admits Mistake in Daycare Worker's Trial

Woman sentenced to 31 years in prison for killing boy, lawyers seek new trial

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    Melissa Calusinski is hoping to get a new trial.

    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.

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    Paul Calusinski says his daughter has received death threats and been a victim of cyber-bullying since a young boy died while in her care.

    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.

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    Paul Calusinski describes what he believes happened to a boy who died while in his daughter's care.

    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.