QUOTE OF THE DAY: "This is a game changer," Kathleen Zellner -- an attorney for Melissa Calusinski, who is serving a 31-year prison sentence -- said of larger, more detailed X-rays that Zellner said show the toddler did not die from a skull fracture. "This is new evidence. It was evidence that wasn't disclosed."
--------------------------------
STORY: "Attorney: Better X-rays exonerate day care worker convicted of killing toddler," by reporter Hsrry Hitzeman, published by the Daily Herald on April 18, 2018.
GIST: "Attorneys for a former day care worker
convicted of murdering a 16-month-old in 2009 told an appeals court
Wednesday key X-ray evidence provided by prosecutors was unreadable, was
not examined by defense experts and ultimately prevented their client
from receiving a fair trial. "This is a game
changer," Kathleen Zellner -- an attorney for Melissa Calusinski, who is
serving a 31-year prison sentence -- said of larger, more detailed
X-rays that Zellner said show the toddler did not die from a skull
fracture. "This is new evidence. It was evidence that wasn't disclosed." A Lake County jury in November
2011 convicted Calusinski, now 31, of first-degree murder in the death
of toddler Benjamin Kingan of Deerfield. Calusinski was working as a
teacher's aide at the former Minee Subee in the Park day care center in
Lincolnshire, where Benjamin attended with his twin sister, Emily. Police said Calusinski was alone
in the classroom with Benjamin and seven other toddlers when she hurled
the child to the floor on Jan. 14, 2009. In two videotaped statements to
police that were played at trial, Calusinski said Benjamin was fussing
as she carried him across the room, the other children were causing a
commotion, and she became overwhelmed and frustrated. She later said the confession was coerced. Lake County Judge Daniel Shanes
sentenced Calusinski to 31 years in prison, and an appellate court
upheld Calusinski's murder conviction in February 2014. Zellner pushed for another trial
for Calusinski in June 2015, saying new evidence showed Calusinski was
innocent. Shanes ruled in fall 2016 the new X-rays were simply enhanced
versions of the X-rays previously given to defense attorneys at
Calusinski's 2011 trial and would not lead to a different result at
trial. On Wednesday, Zellner took the
case back to the three-judge appellate panel, disputing Shanes' ruling
and arguing the X-rays initially turned over by prosecutors were
compressed to exclude 98 percent of data and were essentially unreadable
by defense experts. A pediatric neuroradiologist
reviewed larger, more detailed X-rays and determined there was no skull
fracture, which Zellner said had been the basis of the state's argument
for first-degree murder and was mentioned 93 times by prosecutors in
closing arguments. "Melissa Calusinski did not have
the benefit of having a radiologist to testify at her trial that there
was not a fracture," Zellner told the three-judge panel. "In this case,
what we have is a deliberate effort to withhold this evidence." Zellner also argued that a
forensic pathologist who conducted Benjamin's autopsy later admitted
Benjamin had suffered a prior injury, raising further doubt on the
guilty verdict. However, Mary Beth Burns, of the
state's attorney's appellate prosecutor's office, argued that Lake
County prosecutors turned over all the evidence they had, including
X-rays. Burns said numerous prosecution witnesses testified to the skull
fracture. "What was turned over was capable
of being opened up. It may have required a computer expert to do so,"
Burns said. "They tendered what they had. Nothing prevented both the
state and defense from going to the coroner and saying, 'We can't read
these, open them up for us.'" After the hearing, Zellner said
she was "extremely optimistic" a new trial would be ordered. "This is a
totally different case than it was when it went to the jury." Calusinski's father, Paul
Calusinski, said he believes Zellner's argument not only will cause the
appellate panel to reverse the guilty verdict but also to set his
daughter free. "We're prepared if need be to go
to the Illinois Supreme Court," Paul Calusinski told reporters. "We're
ready, willing and able, and I hope and pray this is the end because
enough is enough. My daughter suffered so much. She's been in prison for
something she didn't do. She's in jail doing tine for no crime." The appellate panel took the matter under advisement and did not give a date for its decision."
The entire story can be found at:
http://www.dailyherald.com/news/20180418/attorney-better-x-rays-exonerate-day-care-worker-convicted-of-killing-toddler
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the
Charles Smith Blog for reports on developments. 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/c
