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.