"Lawyers
for a suburban woman found guilty of killing a toddler at a Lake County
day care center say a newly discovered set of X-rays casts doubt on her
conviction. Melissa Calusinski is serving a 31-year sentence for a
first-degree murder conviction after authorities argued at her trial
that she slammed the boy, Benjamin Kingan, to the ground while working
at Minee Subee day care center in Lincolnshire. But
in a new court petition filed Tuesday that seeks to win her a new
trial, Calusinski's lawyers said the X-rays reveal that medical experts
for the state inaccurately concluded that the child suffered an acute
injury the day of his 2009 death. According to the filing, new evidence
will show that the Deerfield boy died as a result of an old injury
caused by head-banging during tantrums.......... According
to the new filing, Calusinski's father received a mysterious call on
June 10 telling him to "get the second set of X-rays" from the Lake
County coroner's office. Those X-rays contain clearer images than those
introduced at trial and would have boosted the defense's case, the
document states. Calusinski, 28, of Carpentersville, "was
wrongfully convicted based on this false medical evidence that was
interjected into her alleged confession," the petition says. The
document also contains a sworn statement from Dr. Nancy Jones, a
forensic pathologist and former Cook County medical examiner, which
said: "It is impossible to conclude, to a reasonable degree of medical
certainty, that the final head injury was intentionally inflicted.".........Calusinski's
lawyers have long said that she was coerced into confessing during a
10-hour interrogation that relied on faulty information from forensic
pathologist Eupil Choi, who performed the autopsy. Choi later signed a
statement in which he admitted that he "missed that (Ben) had suffered
an old injury" that predated the day of his death, the petition states."
http://www.chicagotribune.com/suburbs/lake-county-news-sun/news/ct-day-care-murder-appeal-met-20150623-story.html