In 2014, Melissa Calusinski recounted her day at work, starting with seeing Ben happy and playful. After feeding the kids, she placed Ben in his bouncy seat as he began to doze off. When the teacher briefly left the room, Melissa noticed something was wrong with Ben. Despite her efforts to wake him, she saw orange foam coming from his nose and called for help. Her sister, Crystal, responded and performed CPR until paramedics arrived, but unfortunately, Ben was pronounced dead at the hospital. An investigation revealed internal injuries with no external signs of trauma, leading police to question the day care workers. Melissa was interrogated and repeatedly denied harming Ben, but eventually changed her story under pressure. She has maintained her innocence since her arrest in 2009 for the murder of 16-month-old Benjamin Kingan at the day care where she worked.
During an interrogation, Melissa Calusinski made a false confession without considering the consequences. She was solely focused on going home. When questioned by detectives, she admitted to throwing a baby on the floor. Despite later retracting her statement, Melissa was arrested for the murder of Benjamin Kingan. Her parents were shocked by the news, adamantly believing in her innocence. Law enforcement claimed to solve the case based on Melissa’s confession, painting her as a bad person, which her family vehemently denied. They worked tirelessly to clear her name, facing a tough legal battle. The trial highlighted conflicting evidence regarding the child’s previous head injury and the cause of death. Ultimately, Melissa faced prosecution for murder, with the state arguing that the child was healthy before his death. The pathologist testified about a recent skull fracture, indicating intentional harm. However, Melissa’s defense pointed out a previous head injury the child sustained at a daycare center. Despite differing accounts, Melissa’s family fought to prove her innocence amidst a complex legal battle.
Mother should simply monitor him. Ben did not have any issues following that incident. However, defense experts disagreed, pointing out potential signs of head trauma in the days after the injury. Medical records revealed that Ben was lethargic with a persistent fever post-injury. Holly, a daycare employee, testified for the defense, recalling the last time she saw Ben two days before his death. Holly described how Melissa brought in Ben, mentioning he was unwell and promptly vomited. The day before his passing, Ben stayed home from daycare due to illness. The prosecution suggested a stomach bug or winter cold. Despite this, the defense argued that Ben’s previous injury was severe, and any new impact could have dire consequences, citing his habit of throwing his head back. Witnesses recalled instances of Ben hitting his head on the day of his death. The prosecution alleged that Melissa was responsible for Ben’s injuries, pointing to her confession of frustration leading to Ben being thrown to the floor. Prosecutors emphasized the severity of the fall, attributing it to the skull fracture mentioned extensively during the trial. However, experts differed on the presence of a fracture, with some X-rays being unreadable. Pathologist Dr. Manny Montez provided compelling testimony, claiming he felt the fracture with his bare hands during the examination. Melissa was ultimately convicted of aggravated battery of a child and first-degree murder after a seven-hour jury deliberation. Despite her protestations of innocence, Melissa’s family and supporters vowed to prove her innocence. Subsequent review of the autopsy evidence by Dr. Thomas Rudd raised questions, shedding new light on the case.
Dr. Thomas Rudd pointed out a scab-like membrane in Benjamin Kingan’s brain, indicating an old injury that had been missed by another pathologist. Dr. Nancy Jones confirmed this assessment, noting that the injury had been healing for about two to three months, consistent with a bump on Ben’s head noticed at day care. The old injury, exacerbated by head-banging, was determined to have caused Ben’s death by pushing the brain down and shutting down the breathing system. Despite initial oversight, Dr. Rudd later found clear X-rays that discredited the previous diagnosis of a skull fracture in Ben. This discovery prompted a change in Ben’s manner of death on his death certificate from “homicide” to “undetermined.” Melissa Calusinski’s defense, led by attorney Kathleen Zellner, aimed to overturn her conviction based on this new evidence. Melissa was granted an evidentiary hearing in 2016, presenting the updated findings before the same judge who presided over her trial. The defense argued that manipulated X-rays had led to the wrongful conviction, emphasizing the need for a new assessment of Ben’s injuries.
Coroner’s Office Update
Kathleen Zellner revealed that new evidence emerged regarding the X-ray images provided to Paul De Luca, Melissa’s trial attorney. The State had given De Luca a disk containing dark and unreadable X-rays before the trial. During the evidentiary hearing, a witness testified about discovering clear X-rays that showed no skull fracture, contrary to what the State had argued. Zellner maintained that these clear X-rays could have altered the outcome of Melissa’s trial as the presence of a skull fracture was a crucial element in the State’s case to prove homicide.
However, prosecutors contested that this evidence was not new, claiming that De Luca could have used software to enhance the X-rays but failed to do so. Despite attempts to brighten the images, De Luca and his team were unable to improve the quality. Zellner, supported by an imaging expert, argued that the original X-rays given to De Luca had been altered and were inferior to those stored in the coroner’s office computer. She also presented a witness, Paul Forman, the deputy coroner during Ben Kingan’s autopsies, who disputed the testimony of Dr. Manny Montez, a key witness at Melissa’s trial.
Forman contradicted Montez’s claim of physically examining Ben’s body and touching the child’s skull. The State attempted to discredit Forman by questioning his memory and mental health, revealing his past struggles with bipolar disorder and depression. Additional doubt was cast on Montez’s testimony by Dr. Robert Zimmerman, a pediatric neuroradiologist, who stated that a visible skull fracture should have been present on the X-rays if it existed.
Despite these challenges to the State’s case, Judge Shanes ruled against Melissa, deeming Forman’s testimony unreliable and maintaining that De Luca could have improved the X-rays. Zellner appealed this decision, but it was unsuccessful. However, in a surprising turn of events in 2022, Eric Rinehart, the new state’s attorney in Lake County, where Melissa was convicted, sought further information on the case. This unexpected development provided a glimmer of hope for Melissa and her family.
During the investigation into the X-rays, it was suggested that the digital forensics company, Garrett Discovery, be consulted by Kathleen Zellner. The CEO of Garrett Discovery is Andrew Garrett, and Brian Bowman is a digital forensics expert working there. They uncovered evidence of manipulation in the X-rays, indicating that the images were altered using software tools. The defense attorney, Paul De Luca, was found to have received these manipulated images, which were darkened beyond recognition.
Garrett and Bowman implicated the State in adjusting the X-ray settings, resulting in distorted and washed-out images. They asserted that individuals from either the prosecutor’s office or the coroner’s office, representing the State, were responsible for this manipulation. The experts emphasized that the coroner’s office computer was under the control of the State, making it likely that the alterations occurred there.
Concerns were raised about Melissa Calusinski’s confession, with Kathleen Zellner and Paul De Luca questioning its validity. Zellner sought the expertise of Dr. Saul Kassin, a psychology professor specializing in false confessions, to review the case. Dr. Kassin previously analyzed the interrogation in 2016 and noted the police’s aggressive tactics to obtain a confession from Melissa.
Despite initial outrage from Lake County State’s Attorney Eric Rinehart upon learning of the manipulation, Zellner and De Luca felt no significant actions were taken to address the issue. As Zellner delved deeper into Melissa’s confession, she believed there was insufficient evidence to support the claim of homicide. Dr. Kassin’s evaluation of the interrogation highlighted Melissa’s repeated denials and the coercive tactics used by the police to extract a confession.
Dr. Choi, the pathologist, informed him that Ben had sustained a recent skull fracture caused by another person using significant force. During the interrogation, Detective George Filenko mentioned that an autopsy had been conducted on Ben, focusing on the skull fracture. Despite Melissa Calusinski’s denial of intentionally harming Ben, the detectives pressed on with various scenarios, questioning her about losing her patience or pushing him into a wall. After hours of questioning and pressure, Melissa eventually confessed to throwing the toddler on the ground out of anger. The detectives implied that the confession would help resolve the case, leading Melissa to admit to the act. Concerns were raised about the lengthy interrogation and Melissa’s vulnerability, given her past trauma of being sexually assaulted. The defense had Melissa evaluated by mental health professionals, who diagnosed her with post-traumatic stress disorder.
The evaluation concluded that she had an attention deficit disorder, as well as borderline intellectual functioning. Her comprehension level was at a 4.8 grade, which may have contributed to her belief that she could go home even after admitting to murder.
During the interrogation, Melissa Calusinski expressed her desire to leave and be with her family and her pet. Saul Kassin believed that she was unaware of the situation and that her confession was unreliable. Despite her low IQ being presented at trial, the judge did not allow an expert on false confessions to testify, a decision that Kathleen Zellner thinks could have influenced the verdict.
The absence of evidence such as eyewitnesses or videos led to Melissa’s confession being a key factor in her being charged. Zellner asserts that had Melissa requested a lawyer and not confessed, she would not be in prison today.
Questions remain about Ben Kingan’s injuries and the events leading up to his death. The suspicion falls on a former daycare worker named Brenda, who was reported to have been with Ben when he sustained an earlier head injury. Brenda did not testify at Melissa’s trial, and efforts to locate her were unsuccessful.
In a recent development, “48 Hours” managed to speak with Brenda, who denied any involvement in the reported incident. Despite not being charged, attorney Kathleen Zellner is convinced that Ben suffered a significant injury that day. The daycare where the incident occurred was closed down by state authorities following Ben’s death, suggesting a history of issues at the facility.
The day care allegedly tried to downplay the seriousness of a child’s injury, leading to its closure by state authorities soon after the incident. In April 2024, over 12 years following Melissa’s conviction, attorney Kathleen Zellner filed a clemency petition seeking exoneration or release for Melissa based on time served. Despite encountering opposition from Lake County State’s Attorney Eric Rinehart, who expressed doubts about new evidence supporting Melissa’s innocence, Zellner persisted in her efforts to secure Melissa’s freedom. At a clemency hearing, emotional pleas were made both for and against Melissa’s release, with Ben Kingan’s parents expressing their strong opposition. Zellner argued passionately for Melissa’s innocence, emphasizing the importance of uncovering the truth in the case. The prisoner review board subsequently deliberated on whether to recommend Melissa’s release to Governor J.B. Pritzker, with Melissa herself hoping for a chance to present her case directly to the governor. A former coworker of Melissa’s, Holly, also vouched for her innocence in a letter to the governor. The ongoing battle for justice and truth in Melissa’s case continues, with conflicting perspectives and emotions surrounding the tragic event.
Paul and Cheryl Calusinski remain unwavering in their hope for the safe return of their daughter, their home a poignant reminder of her absence. Emotions run high as they reflect on cherished memories, their bond as a family unbreakable even in the face of adversity.
“She’s daddy’s little girl,” Paul Calusinski shares, his voice breaking with emotion, echoed by Cheryl’s affirmation. Together, they navigated life’s journey, inseparable in their love and determination. Their resolve remains resolute as they await her homecoming.
The recent decision of the Prisoner Review Board has set the stage for anticipation and uncertainty. In a confidential recommendation to Governor Pritzker in January 2025, the fate of their daughter hangs in the balance. Time is of the essence, yet there is no prescribed deadline for the governor to make a decision.
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As a journalist committed to upholding ethical standards, I strive to capture the essence of these stories with depth and integrity. Each narrative unfolds with its own complexities and nuances, weaving a tapestry of human experiences and societal dynamics.
In a world filled with uncertainty and change, the resilience of individuals like the Calusinski family serves as a beacon of hope. Their unwavering faith in the face of adversity inspires us to persevere, reminding us of the enduring power of love and family bonds.
As the clock ticks and events unfold, the intersection of personal stories and global dynamics shapes the narrative of our collective experience. Through meticulous storytelling and a commitment to truth, we strive to illuminate the voices that define our world and shape our future.
