the charles smith blog

Thursday, July 14, 2016

Melissa Calusinski: Illinois; Hearings which are expected to focus on what Calusinski's lawyers assert is new medical evidence that should result in a new trial are to begin in August; Chicago Tribune;


"Melissa Calusinski will be transferred from prison back to the Lake County Jail next month for a hearing on a potential new murder trial in the 2009 death of a child at a Lincolnshire day care center. On Tuesday, Lake County Circuit Court Judge Daniel Shanes scheduled evidentiary hearings for Aug. 18, Aug. 19 and Sept. 16. The September date was set for a witness with a medical condition who will be unable to attend the August hearings. The hearings are expected to focus on what Calusinski's lawyers assert is new medical evidence that should result in a new trial. .................
In November 2011, a jury convicted Melissa Calusinski — a Barrington High School graduate and former day care worker — of murder in the death of 16-month-old Benjamin Kingan. The toddler died after an ambulance rushed him from the Minee Subee day care facility in Lincolnshire to Advocate Condell Medical Center in Libertyville Jan. 14, 2009, officials said. In an interview with police after Benjamin's death, Melissa Calusinski initially denied that she hurt the boy, but later confessed to throwing him on the floor and demonstrated what happened, officials said. The day care center had no surveillance cameras, and Melissa Calusinski was the only employee in the room when Benjamin lost consciousness, according to authorities. In August 2013, Eupil Choi, the pathologist who performed the autopsy, said in a sworn affidavit the boy "had suffered an old injury that predated January 14, 2009." Choi said he had "missed" the injury, according to the affidavit. Lake County State's Attorney Michael Nerheim has said Choi told him the finding has not changed his conclusion that the toddler died of a traumatic injury the day of his death. On Tuesday, Nerheim reaffirmed Choi said his opinion still is that the child died of a "catastrophic injury that day." The defense also has highlighted a sworn statement from Dr. Nancy Jones, a forensic pathologist and the former chief medical examiner for Cook County, who said she reviewed the case and concluded the evidence indicated the boy died of pre-existing injuries and Melissa Calusinski's confession doesn't fit with her medical findings. On June 10, 2015, a set of X-rays that allegedly were never turned over to defense attorneys before or during the trial were discovered at the Lake County Coroner's Office. Defense attorneys said they include a skull X-ray that revealed Benjamin's head was not shaped normally and had a preexisting condition or previous injury. In July of 2015, Lake County Coroner Thomas Rudd, citing the new medical evidence, changed Benjamin's cause of death of from homicide to "undetermined." Choi and Jones are both expected to testify at the evidentiary hearings.........
http://www.chicagotribune.com/suburbs/lake-county-news-sun/crime/ct-lns-day-care-murder-hearing-set-st-0713-20160712-story.html

See lawyer Kathleen T. Zellner's reference to her client Melissa Calusinski's case on her law office's web page: Case overview:  Calusinski was found guilty in November 2011 of the first-degree murder in the January 2009 death of 16-month-old Benjamin Kingan, who was from Deerfield. She was sentenced to 31 years in prison and has been incarcerated for six years. “(Calusinski), who has no history of violence and had absolutely no motive to harm Ben, was convicted based on irrefutably false medical evidence offered by the state’s testifying experts,” according to the motion filed by Calusinski’s attorney, Kathleen Zellner. Press:
  • Still Claiming Innocence, Former Daycare Worker Gets 31 Years for Killing Deerfield Toddler, Trib Local
  • An anonymous phone call, new X-ray evidence and a fresh try at freedom for convicted child killer
Post Conviction Petition - PDF
 http://www.kathleentzellner.com/melissa-calusinski/

See Wikipedia entry on lawyer Kathleen T. Zellner: "Kathleen Zellner (née Thomas) is an American lawyer based near Chicago, Illinois, who has a private practice. She is known for gaining the exoneration and release of 17 men in wrongful conviction cases. In January 2016 she announced she was taking on the defense of Steven Avery, working with Tricia Bushnell, legal director of the Midwest Innocence Project. Avery was convicted in 2007 of murder and sentenced to life imprisonment in Wisconsin. His case was the subject of a 10-episode documentary series, Making a Murderer (2015), shown on Netflix."


https://en.wikipedia.org/wiki/Kathleen_Zellner
Harold Levy at Thursday, July 14, 2016
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Harold Levy
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. On International Wrongful Conviction Day in 2024, I was thrilled to have the Blog recognized by Innocence Canada, when I was presented with the, "Rubin Hurricane Carter Champion of Justice Award." The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!
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