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Conviction stands in day care murder; judge denies new trial for Melissa Calusinski

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A Lake County judge decided on Friday not to throw-out Melissa Calusinski's murder conviction.

She was found guilty of fatally injuring 16 month-old Benjamin Kingan at a daycare center in Lincolnshire in 2009. She's now serving a 31 year prison sentence.

The defense argued prosecutors knowingly manipulated key, X-ray evidence. But, the judge decided there was no new evidence, and no new X-rays.

Defense attorney Kathleen Zellner says she expected the ruling, and the decision will be reversed. She claims the judge made several mistakes. The defense will appeal the ruling.