A detailed case overview of Melissa Calusinski

The Melissa Calusinski case revolves around the death of 16-month-old Benjamin Kingan at Minee Subee Daycare in Lincolnshire, Illinois, on January 14, 2009. Calusinski, a 22-year-old daycare worker, was convicted in 2011 of first-degree murder and sentenced to 31 years in prison for allegedly throwing the toddler to the ground, causing a fatal skull fracture.

Her confession, obtained after a lengthy interrogation, and disputed medical evidence have sparked controversy, with Calusinski maintaining her innocence. New evidence, including clearer X-rays suggesting no skull fracture, has fueled debates about a possible wrongful conviction.

The case has drawn attention through CBS’s 48 Hours episode, Unraveling the Case Against Melissa, aired on January 18, 2025, which explores fresh evidence and interviews. The episode is re-airing on July 7, 2025, on Investigation Discovery.

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Incident and initial investigation of Melissa Calusinski case

Benjamin Kingan was enrolled in Minee Subee Daycare in Lincolnshire. (Image via Unsplash/ @ Gautam Arora)

On January 14, 2009, Benjamin Kingan, a 16-month-old, became unresponsive at Minee Subee Daycare, where Melissa Calusinski worked as a teacher’s assistant. Her sister, Crystal, found Benjamin in a bouncy chair with foam coming from his mouth. Despite CPR and emergency response, he was pronounced dead at 4:50 pm, according to People.

The autopsy, conducted by Dr. Eupil Choi, concluded Benjamin died from blunt head trauma and a skull fracture, classified as a homicide. On January 16, police interrogated Melissa Calusinski for over nine hours, during which she confessed to throwing Benjamin to the ground. She later claimed the confession was coerced due to intense questioning, as per CBS News.

The investigation focused on her as the sole suspect, relying heavily on her statement and the autopsy findings. No other daycare workers were charged, and the case moved quickly to trial preparation. The confession and medical report became central to the prosecution’s case, setting the stage for legal proceedings.

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Trial and conviction

Calusinski was sentenced to 31 years in prison. (Image via Unsplash/ @ Tingey Injury Law Firm)

Melissa Calusinski’s trial began in November 2011 in Lake County, Illinois, before Judge Daniel Shanes. Prosecutors, led by Stephen Scheller and Matt DeMartini, argued that Melissa Calusinski, frustrated with Benjamin, threw him, causing a fatal skull fracture. They presented her confession and testimony from Dr. Manuel Montez, who claimed he felt a fracture during the autopsy, requiring significant force, as per CBS News.

The defense, represented by Paul DeLuca, challenged the confession’s validity and the medical evidence but was barred from presenting expert testimony on false confessions. The jury found Melissa Calusinski guilty of first-degree murder and aggravated battery of a child, as per Patch.

On February 22, 2012, she was sentenced to 31 years in prison, with no parole until 2039, as per Fox 32. The trial relied heavily on the disputed confession and forensic findings, which later faced scrutiny as new evidence emerged.

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Discovery of new evidence

Dr. Nancy Jones suggested Benjamin had chronic cerebral swelling. (Representative image via Unsplash/ @ Risto Kokkonen)

In June 2015, an anonymous tip led Paul Calusinski, Melissa’s father, to a second set of X-rays at the Lake County Coroner’s Office. Reviewed by Coroner Dr. Thomas Rudd, these clearer images showed no skull fracture, contradicting the trial’s medical testimony. Forensic pathologist Dr. Nancy Jones suggested Benjamin had chronic cerebral swelling, possibly from prior head-banging behavior, not acute trauma, as per CBS News.

Rudd changed the death certificate’s manner of death from “homicide” to “undetermined.” Attorney Kathleen Zellner, who took the case in 2015, argued these X-rays were withheld from the defense, constituting a Brady violation. She also alleged the original X-rays provided at trial were darkened and unreadable.

This evidence prompted a 2016 evidentiary hearing, where additional testimony revealed inconsistencies in Dr. Montez’s claims about examining Benjamin’s body. The new findings shifted the case’s narrative, raising questions about the original conviction, according to CBS News.

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Post-conviction efforts

In 2016, an evidentiary hearing allowed Melissa Calusinski to present the new X-rays before Judge Shanes. Zellner argued the prosecution withheld clear images and that Dr. Montez’s testimony was inaccurate, supported by former deputy coroner Paul Forman’s claim that Montez never examined the body. Prosecutors countered that the X-rays were accessible via software, and Forman’s credibility was questionable, as per CBS News.

Judge Shanes denied a new trial, a decision upheld by the Illinois Appellate Court in 2018. A 2019 federal habeas corpus petition stalled for years. In April 2024, Zellner filed a clemency petition with Governor J.B. Pritzker, citing the confession’s coercion, manipulated X-rays, and evidence of a pre-existing injury, as per CBS News.

A July 2024 hearing included new forensic analysis and daycare worker statements about Benjamin’s prior injuries. The Illinois Prisoner Review Board sent its recommendation to Pritzker in January 2025, but no decision has been announced as of August 2025, as per Fox 32.

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Watch Unraveling the Case Against Melissa on July 7, 2025, on Investigation Discovery.