Coroner: Cause Of Toddler's 2009 Death Now 'Undetermined'
(CBS) – The Lake County Coroner's office now says it is "undetermined" how a toddler died in 2009, further questioning the conviction of a daycare worker who had been convicted of murder.
Originally, pathologists said "fatal acute" bleeding had caused the death of Benjamin Kingan, who died in January 2009. But Coroner Thomas Rudd, who was not in office then, says previously undisclosed X-rays indicate the boy had suffered a head injury dating back to October 2008.
"These were unknown to the defense prior to the trial, and during the trial," Rudd said.
Melissa Calusinski is serving a 31-year prison sentence following her conviction on charges she fractured the boy's skull at a north suburban daycare center. Her attorneys say investigators coerced a false confession from her during grueling interrogations.
An anonymous tip led to existing X-ray scans of the boy's skull. Dr. Rudd told CBS 2's Brad Edwards this week that Calusinki's "conviction is based on wrong evidence."
Rudd said two newly-found X-rays could and should exonerate Calusinski.
"There is no skull fracture. The whole prosecutorial case is based on the fact that the child died of an acute skull fracture. There is none," he said.
Caluskinski initially maintained her innocence when questioned by police, but after nine hours of interrogation, she told investigators she slammed Kingan's head on the ground.
The former coroner originally claimed there was a skull fracture, but Rudd said that's just wrong, and X-rays prove it. Rudd said Kingan suffered a head injury in October 2008, and kept reinjuring himself, over and over.
"The child awoke from a nap with a tangerine-sized bump on the back of his head, which nobody could explain at the time. Now, he awoke very irritable, crying, and had projectile vomiting. … That's highly indicative of a head injury" he said. "This child died of the old injury; nothing new."
CBS 2 Legal Analyst Irv Miller said the new X-rays could be a game changer for Calusinski.
"If she's innocent, she shouldn't be in jail. If she's convicted – which she has been – and it turns out that's a good conviction, at the end of the day we could just put her back in jail; no harm, no foul," Miller said.
Lake County State's Attorney Mike Nerheim has opposed having Calusinski released, but offered no comment on the change in the autopsy results.
"We are currently reviewing these documents to determine whether this material had previously been given to the defense, whether this in fact is new material and whether these images have any added significance to what was previously presented at this defendant's murder trial. This is a pending case before a Lake County judge. The legal arguments in this case will be decided in a court of law, not by press release," Nerheim said in a statement.
Calusinski's father first learned of the new X-rays on the CBS 2 News at 10 p.m. on Tuesday.
"Why would somebody withhold evidence and keep my little girl in jail?" Calusinski's father, Paul, tells CBS 2. "Shame on the state's attorney and judge. He's got a duty now to release my daughter. He has the power to do the right thing, and that's to release my daughter for a crime she didn't do."
Paul Calusinski has always believed his daughter's confession was forced. He said she would never harm anyone, and he's confident she'll ultimately be released.
