PASSAGE ONE OF THE DAY: "Two days after Benjamin’s death, they charged Calusinski with first-degree murder following her confession that she slammed the boy’s head to the ground out of frustration. But her defense attorneys, other experts and Calusinski herself have long maintained that the admission was coerced: It came at the end of a 10-hour interrogation, and Calusinski — then 22 and said to have a low IQ — has claimed that investigators made it clear they wouldn’t stop until she admitted her culpability. “I was so scared, I did not understand what the detectives were telling me to say,” Calusinski, of Carpentersville, told Judge Daniels Shanes before he sentenced her to 31 years in prison in 2012. “I knew I had to go along with them or I would never get out of the room.”
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PASSAGE TWO OF THE DAY: "After Calusinski’s conviction in Lake County court, well-known defense attorney Kathleen Zellner — who has helped clear many people accused of high-profile killings and represents Steve Avery of Netflix’s “Making a Murderer” series — agreed to handle Calusinski’s appeal. Her case has been featured on national news and true-crime programs.But if Calusinski has won sympathy in the court of public opinion, she has gained little traction in court. In 2016, amid assertions from Calusinski’s defenders that a new X-ray of Benjamin’s skull had been found in the Lake County coroner’s office that undermined the prosecution’s case, her lawyers were granted the opportunity to present what they said was new evidence of her innocence. But after three days of testimony, the judge ruled that the murder conviction against Calusinski would stand. Shanes said the defense’s claims — among them that the “new” X-ray proved Benjamin died of a pre-existing condition — “amount to Monday-morning quarterbacking.” Last year, an Illinois appeals court also upheld Calusinski’s conviction and, months later, the Illinois Supreme Court declined to hear the case. But Calusinski’s father, Paul, long her most vocal champion, said the family will keep fighting and vowed to take the case to federal court."
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STORY: "'They framed her': 10 years after Melissa Calusinski was accused of Lincolnshire day care killing, effort to clear her name persists," by reporter Robert McCoppin, published by The Chicago Tribune.
GIST: "When Melissa Calusinski found Benjamin
Kingan unresponsive in his bouncy chair at a suburban day care center on
Jan. 14, 2009, his death later that day was a mystery. It wasn’t yet clear that it would also become — in the eyes of the law — a murder. It
also wasn’t clear that the case would attract national attention. Or
that — now a decade later — the events surrounding the Deerfield
toddler’s death would continue to be debated: Was it intentional or
accidental? Did Benjamin die of a skull fracture caused by Calusinski, a
worker at the center, or of a pre-existing condition? Was her
confession true or coerced? Did authorities withhold from Calusinski’s
defense attorneys an X-ray of Benjamin that undermined their case? The stance of authorities investigating the case would quickly become clear: Two days after Benjamin’s death, they charged Calusinski with first-degree murder
following her confession that she slammed the boy’s head to the ground
out of frustration. But her defense attorneys, other experts and Calusinski herself have
long maintained that the admission was coerced: It came at the end of a
10-hour interrogation, and Calusinski — then 22 and said to have a low
IQ — has claimed that investigators made it clear they wouldn’t stop
until she admitted her culpability. “I was so scared, I did not
understand what the detectives were telling me to say,” Calusinski, of
Carpentersville, told Judge Daniels Shanes before he sentenced her to 31
years in prison in 2012. “I knew I had to go along with them or I would
never get out of the room.” Benjamin’s mother, Amy Kingan, also
spoke at the sentencing, saying her and her husband’s “most traumatic
memories” were of saying goodbye to their son. “We sat in a
rocking chair with Ben’s cold, lifeless body, hugging and kissing him
one last time — trying to comfort him,” she said. “We prayed through our
tears he would wake up and we could take him home. Since then, while the Kingans have remained largely
silent, Calusinski’s camp has been outspoken about their campaign to
clear her or win her a new trial.
After Calusinski’s conviction in Lake County court, well-known defense
attorney Kathleen Zellner — who has helped clear many people accused of
high-profile killings and represents Steve Avery of Netflix’s “Making a
Murderer” series — agreed to handle Calusinski’s appeal. Her case has
been featured on national news and true-crime programs.But if Calusinski has won sympathy in the court of public opinion, she has gained little traction in court. In
2016, amid assertions from Calusinski’s defenders that a new X-ray of
Benjamin’s skull had been found in the Lake County coroner’s office that
undermined the prosecution’s case, her lawyers were granted the
opportunity to present what they said was new evidence of her innocence. But
after three days of testimony, the judge ruled that the murder
conviction against Calusinski would stand. Shanes said the defense’s
claims — among them that the “new” X-ray proved Benjamin died of a
pre-existing condition — “amount to Monday-morning quarterbacking.” Last year, an Illinois appeals court also upheld
Calusinski’s conviction and, months later, the Illinois Supreme Court
declined to hear the case. But Calusinski’s father, Paul, long her
most vocal champion, said the family will keep fighting and vowed to
take the case to federal court. The guilty verdict against Calusinski
came at the end of the long, controversial tenure of former Lake County
State’s Attorney Michael Waller. Several murder cases prosecuted by
Waller’s staff fell apart after forensic evidence pointed to other
suspects — in some cases despite confessions and after the cleared men
had spent decades in prison. Michael Nerheim replaced Waller as
top prosecutor in 2012, promising to reform the office, and he has
cleared defendants who had evidence of their innocence. Nerheim,
however, has defended the Calusinski conviction in the face of opponents
who say the case is flawed. After the appellate ruling, Nerheim
issued a statement that the evidence in the appeal was not new or
significant, adding: “We hope that this helps bring Ben’s family one
step closer to closure.” Benjamin’s family could not be reached for comment. Still,
Paul Calusinski said his 32-year-old daughter, who used to help him in
the family’s bait shop in Algonquin, is looking forward to the day when
she’ll be released. Their efforts to keep fighting her conviction have
been assisted through a GoFundMe campaign that has raised almost
$17,000. He and his wife visit their daughter at least twice a
month at Logan Correctional Center downstate. The family keeps a large
sign with their daughter’s photo on display in the front yard of their
home in Carpentersville, and gets support from neighbors and
well-wishers around the world. For Christmas, Melissa Calusinski
drew a portrait of her parents, her father said, adding she works in a
clerk’s office in prison, teaches an aerobics class and is doing well
under the circumstances. The family maintains a Facebook page on her
behalf, and sometimes livestreams phone calls with her in which she
answers supporters’ questions. “We’re just waiting to get into the
federal court,” Paul Calusinski said. “My daughter’s completely
innocent. The evidence has shown that. They framed my daughter for a
murder she never did.”"
The entire story can be read at:
https://www.chicagotribune.com/news/local/breaking/ct-met-day-care-center-murder-conviction-anniversary-melissa-calusinski-20190113-story.html
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/
The entire story can be read at:
https://www.chicagotribune.com/news/local/breaking/ct-met-day-care-center-murder-conviction-anniversary-melissa-calusinski-20190113-story.html
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/
