STORY: "Prosecutors oppose Calusinski's new trial request," by reporter Lee Filas, published by the Daily Herald on January 4, 2016
GIST: "Lake County
prosecutors have filed a motion to dismiss a new trial request for a
Carpentersville woman who claims she is wrongfully incarcerated for a
toddler's 2009 death at a Lincolnshire day care center. In the 37-page court document
filed Dec. 31, prosecutors said the alleged "new" X-ray evidence
introduced in a post-conviction petition by defense attorneys for
Melissa Calusinski, 28, was actually old evidence her attorneys had in
their possession but never electronically enhanced. In addition, prosecutors said the
post-trial petition filed in June by defense attorney Kathleen Zellner
reintroduces old arguments that were already discounted at Calusinski's
2011 trial. "This was a complex trial
involving many experts and witnesses, and not something that can be
summarized in a sound bite," Lake County State's Attorney Michael
Nerheim said Monday. "We filed our petition and will discuss our
argument in a court of law where it belongs." The prosecution document, which
the Daily Herald obtained Monday, is under review by Lake County Judge
Daniel Shanes. It will be discussed at a hearing Jan. 8. Calusinski was sentenced to 31
years in prison after a jury convicted her of first-degree murder in the
death of 16-month-old Benjamin Kingan. Calusinski was found guilty of
throwing the Deerfield boy to the floor at the now-closed Minee Subee in
the Park day care in Lincolnshire, causing a fatal head injury. After an appeal was denied by the
state appellate court in February 2014, Zellner claimed in a post-trial
petition that a second set of legible autopsy X-rays taken of the
toddler's skull clearly showed the child suffered from a pre-existing
injury when he died. That petition also states an
anonymous caller told Calusinski's father, Paul Calusinski, to find an
enhanced set of X-rays at the Lake County coroner's office. Paul
Calusinski contacted Coroner Thomas Rudd, who found the X-rays, the
document states."
The entire story can be found at:
http://www.dailyherald.com/article/20160104/news/160109704/
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Harold Levy: Publisher; The Charles Smith Blog.
