Melissa Calusinski, a former daycare assistant in suburban Chicago, was convicted in 2011 for the death of 16‑month‑old Benjamin Kingan, allegedly inflicted by slamming him to the ground. She has always maintained the confession was coerced, and her defense later unearthed troubling evidence: unreadable X‑rays withheld from her legal team and signs of an old head injury predating her employment.
After serving more than a decade of a 31‑year sentence, attorney Kathleen Zellner filed a clemency petition in April 2024 with Illinois Governor J.B. Pritzker. A July 2024 hearing brought new forensic analysis and a letter from a former daycare employee suggesting Benjamin had prior injuries.
The Illinois Prisoner Review Board reportedly forwarded its recommendation to the governor in January 2025, but as of August 2025, no decision has been announced. Calusinski remains incarcerated.
CBS’ 48 Hours season 38 episode 15, Unraveling the Case Against Melissa, aired on January 18, 2025, and is set to re-air on August 6 and 7, 2025, on Investigation Discovery.
Five important details of Melissa Calusinski’s case
1) Melissa Calusinki underwent a marathon interrogation

After the January 14, 2009, death of 16-month-old Benjamin Kingan, the assistant at his daycare, Melissa Calusinski, underwent a nine-hour police interrogation. During this interrogation, she confessed to throwing Benjamin to the ground. As per CBS News, initially denying any wrongdoing, Melissa faced persistent questioning, with detectives repeatedly using questions like “Did you drop the baby?” and “Did you push him into a wall?”
Calusinski later claimed that the confession was coerced, citing exhaustion and psychological pressure. Notably, she was questioned without a lawyer present.
The interrogation’s length and intensity drew scrutiny, as experts noted such tactics could lead to false confessions, especially under stress. This confession became a cornerstone of the prosecution’s case, despite Melissa’s insistence that it was not voluntary, as per CBS News.
2) Disputed autopsy findings in Melissa Calusinski’s case

Dr. Eupil Choi performed the autopsy, which determined that Benjamin’s death was a homicide due to blunt head trauma and a fractured skull, as reported by CBS News. Significant force was also implied to be the cause of death by Dr. Manuel Montez, a pathologist, during his testimony in the trial. He claimed that he had felt the fracture with his hands. Later data, however, showed discrepancies.
Dr. Nancy Jones, a forensic pathologist, proposed chronic cerebral swelling, possibly from previous head-banging, as the cause in 2015 after clearer X-rays revealed no skull fracture. These conflicting medical findings raised doubts about the original conclusion of acute trauma, according to CBS News.
3) Hidden x-rays were discovered in 2015

A second set of X-rays was found at the Lake County Coroner’s Office in 2015 after an anonymous tip. Examined by coroner Dr. Thomas Rudd, these newly discovered scans showed no fractures to the skull and were clearer than those given to the defense during the trial. Kathleen Zellner, an attorney who had by this time taken on Melissa Calusinski’s case, contended that the prosecution violated the law by withholding these scans, according to CBS News.
Zellner argued that the defense’s ability to contest the medical evidence during the initial trial was hampered by the original X-rays provided to them by the prosecution, which were allegedly darkened and unreadable. Although the revelation of this new information led to an evidentiary hearing in 2016, the conviction was upheld, as per CBS News.
4) Questionable medical testimony was presented in Melissa Calusinski’s trial

Dr. Manuel Montez supported the prosecution’s allegation of violent force leading to Benjamin’s death during the 2011 trial by testifying that he had felt the fracture in Benjamin’s skull during his autopsy. In contrast to his testimony, former deputy coroner Paul Forman claimed during a 2016 hearing that Montez never looked at the body, as reported by CBS News.
The new X-rays and this disparity raised questions about the validity of the medical testimony given during the trial. Although Forman’s credibility was contested by the prosecution, the matter brought to light possible weaknesses in the forensic procedure that resulted in Melissa Calusinski’s conviction of first-degree murder and aggravated battery of a child, as per CBS News. She was sentenced to 31 years in prison, ineligible for parole until 2039.
5) The battle for clemency for Melissa Calusinski continues

Kathleen Zellner, who has been overseeing Melissa Calusinski’s case, petitioned Illinois Governor J.B. Pritzker for clemency in April 2024, pointing to the coerced confession, fresh X-rays, and proof of a prior injury. Forensic experts’ testimony and a letter from a former daycare worker regarding Benjamin’s previous injuries and habits were also presented at a hearing in July 2024, as per CBS News.
Eric Rinehart, the state attorney for Lake County, argued against the petition, claiming that no new evidence established innocence. Melissa Calusinski’s future is uncertain as she remains incarcerated as of August 2025 while the petition is pending a decision, according to Fox 32.
Catch the 48 Hours episode Unraveling the Case Against Melissa on Investigation Discovery.