WAUKEGAN, Ill. -- Today is the second day of testimony in a hearing to decide whether former day care worker Melissa Calusinski's 2011 conviction for killing a toddler in her care should be overturned and her case retried.
Calusinski is serving a 31-year prison term after she was found guilty of slamming Ben Kingan's head to the floor at a Lincolnshire day care in 2009. The judge in her case granted Calusinski's request to hear arguments for a new trial after the defense presented evidence they say shows the boy died from a previous head injury.
In court Thursday the defense challenged x-rays of Kingan's skull that were used in Calusinski's original trial, calling expert medical witnesses who said they actually prove her innocence. They also argued Calusinski is mentally challenged and her confession was coerced.
Calusinski temporarily transferred up from a downstate prison to hear the second day of testimony in the evidentiary hearing. The Lake County State's Attorney's office, which tried to block this evidentiary hearing, contends that there is no new evidence.
The final day of testimony in this hearing is set for September 16th.