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Hearings To Begin On Melissa Calusinski's Bid For New Trial

CHICAGO (CBS) -- A former daycare worker convicted in the death of a toddler will return to a Lake County courtroom on Thursday, for hearings on her request for a new trial.

Melissa Calusinski, 29, is serving a 31-year sentence for murder in the 2011 death of 16-month-old Benjamin Kingan.

On Thursday, Calusinski's lawyers will present new evidence that she is innocent.

Her attorneys launched the bid for a new trial last year, citing newly found X-rays they say show the child suffered from a pre-existing injury when he died.

Last July, Lake County Coroner Thomas Rudd changed the official cause of Benjamin's death from "homicide" to "undetermined," saying those X-rays showed the boy suffered a head injury dating back to October 2008.

Calusinski's father, Paul, said he's confident his daughter eventually will be cleared.

"We finally get to prove that my daughter's innocent. You'll hear all the new evidence, and the evidence that was withheld from the jury, and the evidence will show that they framed my daughter for a murder she didn't do," he said.

Prosecutors have said the X-ray evidence cited by the defense is actually old evidence Calusinski's attorneys had electronically enhanced, and do not change the jury's finding that she threw Benjamin to the floor. They also have said, even if the boy had a pre-existing head injury, Calusinski's actions contributed to his death.

The most damning evidence against Calusinski at her trial was her confession, given after six hours of interrogation and nearly 80 denials. Calusinski, who has a low verbal IQ, said detectives broke her down and she only told them what they wanted.

"What they do to you in there, it's a nightmare," she told CBS 2's Brad Edwards in February.

She insists she never did anything violent and never struck Kingan.

Last year, Rudd discovered X-rays showing Kingan had not suffered a skull fracture. He said a previous injury caused the boy's skull to enlarge at an alarming rate. In September 2008, his head size was in the 50th percentile, then the 75th percentile in December 2008 and the day after he died, January 15, 2009, the 95th percentile.

Rudd said a simple bump of Benjamin's head "was likely the terminal event. An accident."

The judge in Calusinski's case is not expected to rule on the request for a new trial on Thursday. The initial hearing is expected to last two days, and then both sides will return to court next month for more witness testimony. The judge could decide then, or set a new date for the ruling.

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