Woman convicted of killing toddler asks for new trial

- The woman convicted of killing a toddler at a Lincolnshire day care center seven years ago was back in court Thursday asking for a new trial.

Melissa Calusinski believes that newly discovered evidence will help her case.

Calusinski told FOX 32 two years ago that despite a videotaped confession, she did not kill 16-month-old Benjamin Kingan at a Lincolnshire day care center. The Carpentersville woman is serving a 31 year sentence, but her attorneys say newly discovered x-rays show that the images given to the defense at trial were manipulated.

“They've got an x-ray that's been deliberately darkened, so they can't tell that there's no fracture,” attorney Zellner said.

At the unusual hearing Thursday, defense lawyers showed judge David Shanes x-ray images that were given to the defense before the trial. One national expert called them useless.

Prosecutors argue that the new x-rays that are merely lighter versions of old ones. The defense also claims that a prosecution pathologist who claimed he examined the infants brain injuries never actually handled the infant's body until it was stitched together after the autopsy.

“He also testified that he held the brain in his hand which we realized after looking at the photographs is impossible because it's cut into small sections,” said former deputy coroner Paul Forman.

More testimony is expected Friday.

Prosecutors say a jury already heard the evidence as to whether the toddler's previous injuries caused his death, and rejected that theory.

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