WAUKEGAN, Ill. -- Lawyers for a north suburban day care worker convicted of killing a young boy have been given 60 days to explain why she should get a new trial.
Melissa Calusinski, 28, was convicted of murder for throwing 16-month-old Benjamin Kingan to the ground in 2009, causing fatal head injuries.
Defense attorneys say evidence surfaced after the trial, indicating Benjamin suffered from a pre-existing injury when he died.
Prosecutors say the defense is simply repacking old evidence.
Both sides will return to court March 11 for a status hearing.