Day care worker convicted of murder may get new trial

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A former day care worker convicted of murder for the death of a toddler was back in court Friday trying to get a new trial.

Melissa Calusinski returned to a Lake County courtroom as a judge considered whether to overturn her conviction.

The judge is evaluating new evidence Calusinski's attorney claims will clear her.

Five years ago, a jury convicted her of fatally injuring 16-month-old Benjamin Kingan.

But her lawyers claim he died from a previous head injury which was not disclosed at trial. They also claim Calusinski’s confession was coerced.

The Lake County coroner has now classified the boy’s cause of death as "undetermined."

The judge is expected to make a decision next Friday.

Calusinski’s lawyers say if that ruling goes against her, they will appeal.


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