On a chilly afternoon in Lincolnshire, Illinois, on January 14, 2009, Melissa Calusinski, then a 22-year-old teacher’s assistant at the Minee Subee daycare, experienced a moment that would change her life irrevocably. Among the children she cared for was 16-month-old Benjamin Kingan, whom Melissa described as “normal, happy, and playful.” But by late that day, tragedy had struck, starkly altering the course of many lives.
- Melissa Calusinski claims innocence after 16 years.
- Benjamin Kingan died while in her care.
- Appeals for release continue to Governor Pritzker.
- Confession extracted after prolonged police interrogation.
- New evidence questions original autopsy findings.
- Parents of Ben Kingan oppose clemency petition.
During a routine afternoon at the daycare, after the children had eaten their snacks, Melissa set Ben down on the carpet. She noticed that he crawled into his bouncy seat and seemed to be drifting off to sleep. Just hours later, when she checked on him, a chilling reality confronted her. “He didn’t look right,” Melissa recalled. “I touched his hand and called his name. He didn’t wake up.” With panic swelling in her chest, she called for help, her voice shaking over the intercom.
Her sister Crystal, another daycare worker, responded immediately, rushing into the room to perform CPR. “I hear someone help me, help me, help me,” Crystal vividly remembered. But Benjamin was unresponsive. Paramedics arrived shortly thereafter, but he was pronounced dead within an hour at the hospital. An investigation was launched right away to determine the cause of his untimely death.
The autopsy revealed disturbing findings. Dr. Eupil Choi, the pathologist, noted a skull fracture and extensive internal bleeding, concluding the injury was caused by another person “using strong force.” However, Ben had no visible wounds on his body, forcing investigators to delve deeper into his last moments at daycare. Authorities interrogated the staff present that day, aiming to ascertain the truth behind Ben’s death.
Perhaps the most pivotal moment in this unfolding tragedy occurred during Melissa’s hours-long interrogation. After enduring relentless questioning by detectives, she found herself enveloped in fear and desperation. Having denied any wrongdoing more than 60 times, with her emotional state fraying, she ultimately confessed, convinced that doing so would allow her to go home. “The only way for me to get out was to make a confession, a false confession,” she later reflected.
This confession became a cornerstone of the prosecution’s case when they charged Melissa with first-degree murder. Her trial began in November 2011, nearly three years after Ben’s death. Prosecutors painted a grim portrait, depicting Melissa as a caregiver who had lost her temper with Ben, ultimately leading to his fatal injuries. “This child did not explode or implode on his own,” one prosecutor asserted, insisting that Melissa’s actions were to blame.
Yet Melissa’s defense argued otherwise, suggesting that an earlier head injury—sustained months prior when she was not even working at the daycare—might have been severe enough to contribute to his death. Several daycare staff members testified about this prior incident, but the prosecution downplayed its significance. Dr. Choi, the pathologist who performed the autopsy, maintained that there was no evidence of an existing injury prior to Ben’s death. However, Dr. Thomas Rudd, the newly elected coroner years later, would ultimately challenge that narrative, discovering signs of an old injury during a review of the evidence.
In a potentially pivotal turn of events, Rudd’s analysis revealed a membrane in Ben’s brain associated with an old injury. He explained that if there was a membrane, it meant there had been an injury that had been healing before Ben’s death, and the old injury was significant enough to cause catastrophic consequences if impacted again. This revelation raised deep questions regarding the validity of the injuries observed at the time of the autopsy and pointed toward a need to reconsider what had truly happened in that daycare room.
Despite these developments, which raised doubt about Melissa’s guilt, she remained incarcerated, serving a 31-year sentence. The case took many twists and turns over the years, with Melissa’s appeals repeatedly denied. Her family, determined to clear her name, sought the help of Kathleen Zellner, a renowned attorney specializing in wrongful convictions. Zellner’s extensive investigations into the evidence suggested serious flaws in the forensic analysis that had led to Melissa’s conviction.
By 2022, new evidence pointed to the possibility that the X-rays of Ben’s skull taken at the coroner’s office had been improperly presented during the trial. A digital forensics team ultimately concluded that the images given to Melissa’s defense attorney had been altered, obscuring critical evidence that could have exonerated her.
This case remains a resonating testament to the complexity and potential for miscarriages of justice within the criminal justice system. As of now, Melissa Calusinski’s family waits anxiously, hoping for a breakthrough in their relentless pursuit of justice. A clemency petition has been filed, and the case awaits further review by the governor’s office, as the specter of Ben’s tragic death looms large, reminding all involved of the heartbreaking intersection of grief, guilt, and the quest for truth.
