Melissa Calusinski: Illinois; Bulletin: Chicago Tribune reports that a ruling has been delayed to September 30) in her effort overturn her murder conviction for the death of a toddler who was in her care... "Shanes had indicated he might need more time to make a ruling in the complex, controversial case, which has received national attention. The judge oversaw Calusinski's 2011 trial and later sentenced her to 31 years in prison. If he tosses out the conviction, prosecutors would then have to decide if they would retry her, while her attorneys would likely seek to have her released from prison. Calusinski was convicted based in part on medical testimony that backed up her confession to police that she became frustrated while working at the Lincolnshire day care center and slammed Benjamin's head to the ground. The Deerfield boy died later that day at a Libertyville hospital. Since Calusinski was imprisoned, though, a purportedly new set of X-rays of Benjamin were found in the Lake County coroner's office that Calusinski's lawyers assert were withheld from them before her trial. They also say the X-rays show that Benjamin died not from a skull fracture caused by Calusinski but from a prior injury. "Reporter Robert McCoppin;
COUNTDOWN: 12 days to Wrongful Conviction Day: (Thursday October 6, 2016);
"A ruling has been delayed in the case of a Carpentersville
woman seeking to overturn her murder conviction for the death of a
toddler who was in her care. Lake County Judge Daniel Shanes
initially indicated he might announce a decision Friday in the case of
Melissa Calusinski, who was convicted of inflicting a fatal injury to
16-month-old Benjamin Kingan at a suburban day care center where she
worked in 2009. The hearing has been rescheduled for Sept. 30. Shanes had
indicated he might need more time to make a ruling in the complex,
controversial case, which has received national attention. The judge
oversaw Calusinski's 2011 trial and later sentenced her to 31 years in
prison. If he tosses out the conviction, prosecutors would then have to
decide if they would retry her, while her attorneys would likely seek to
have her released from prison. Calusinski was convicted based in part on medical
testimony that backed up her confession to police that she became
frustrated while working at the Lincolnshire day care center and slammed
Benjamin's head to the ground. The Deerfield boy died later that day at
a Libertyville hospital. Since Calusinski was imprisoned, though,
a purportedly new set of X-rays of Benjamin were found in the Lake
County coroner's office that Calusinski's lawyers assert were withheld
from them before her trial. They also say the X-rays show that Benjamin
died not from a skull fracture caused by Calusinski but from a prior
injury......... Whatever Shanes decides, it is likely to be appealed to a higher court by one side or the other." http://www.chicagotribune.com/news/local/breaking/ct-day-care-murder-ruling-delay-met-20160922-story.html
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. 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!