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Judge Expected To Consider 'New' Evidence In Daycare Murder Conviction

(CBS) -- A woman serving a 31-year sentence for the 2009 death of a toddler could get a new trial.

Melissa Calusinski's family is rallying supporters who say she was wrongly convicted.

CBS 2's Audrina Bigos reports.

Friday morning, a Lake County, Ill. judge will hear what Calusinki's attorneys say is new evidence in this case.

Ahead of that hearing, there were prayers Thursday night outside the courthouse. A small group of supporters joined Calusinki's father, Paul.

"It's time for Melissa to come home. She didn't do this. She's completely innocent," he said.

The 29-year-old is serving 31 years in prison after she was convicted of first-degree murder in the death of 16-month-old Benjamin Kingan.

Calusinski was found guilty of throwing the Deerfield boy to the floor at a Lincolnshire daycare in 2009. She admitted guilt only after nine hours of interrogation and 79 denials.

Earlier this year, Lake County Coroner Thomas Rudd changed the cause of death from "homicide" to "undetermined" based on X-rays. Calusinski's attorneys say they show the child suffered from a pre-existing injury when he died.

Prosecutors say the alleged "new" X-ray evidence is actually old evidence her attorneys had electronically enhanced.

 

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