GUILTY IL - Benjamin Kingan, 16 mos, dies of head injury, Lincolnshire, 14 Jan 2009

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if the original wound WAS caused by headbanging then the family doctor needs to be the one in prison. if he'd done his job and figured out the baby had bleeding in the skull the baby would still be alive.
 
if the original wound WAS caused by headbanging then the family doctor needs to be the one in prison. if he'd done his job and figured out the baby had bleeding in the skull the baby would still be alive.

Agreed! Headbangers can be violent, I've witnessed it firsthand, and they may not even realize they're being self-destructive.
 
Agreed! Headbangers can be violent, I've witnessed it firsthand, and they may not even realize they're being self-destructive.

Yeah I agree. And just to add to this- most babies try out the head banging thing- it's a way of "getting mom and dads attention" - my little brother and oldest son would stand in their crib when they didn't want to go to sleep and bang their head on the wall next to it (forehead area- even got bruises that made him look like a Klingon!) - I always always always call our pediatrician with any sort of head bump just to triage it and review what I need to watch out for (signs of head trauma, vomiting, lethargy, or even if they go to sleep and don't re-coil when you try to wake them- slow reaponse).

That's how I learned that it was so common.

I am guessing that this little guy had a HUGE head injury even as far as two months prior to his death and he likely had a concussion- but if mom and dad weren't vigilant and didn't known the sometimes very subtle signs of head trauma they may not have thought to take the baby in to get checked. If they did they would have to make sure baby did zero head banging after that (maybe even prescribing a helmet - some babies have those for various issues) because another even slight bump could cause a hemmhorage.

Just to give you an idea how hard a head is- in 8th grade I was at summer camp and coming back from the lake walking over a covered bridge- jumped off the last four steps, misjudged the room I had for my head to clear the beam support- propelled backwards, fell 8feet, and hit the back of my head on a cement step. I couldn't be stitched up bc it was a wide and shallow wound but the next day I was slurring my speech and lethargic and went for a cat scan and had a severe concussion. I had to stop figure skating for two months because even though you don't usually fall on your head, any risk of falling and even lightly bumping my head could have caused a subdural hematoma and it would have been necessary to (doctors words) "shave your long hair off and drill a hole in your skull to release the pressure from bleeding out so you don't die or suffer brain damage." (I was upset about skating so they had to be kind of blunt with me)

Anyway, point is, this injury that killed this sweet little guy was a huge one. Heads are hard and designed to withstand bumps (and even head banging) - the forehead is hard and so is the back of the head where contact is most common in the fall of a child.

My pediatrician assured me that head banging was normal but still be vigilant. And definitely stop him if he starts smashing his head in front of you like temper tantrum style on the floor (duh, right?) - at this age- 1/2 (before they will sit in a time out chair when they pitch a fit) always stop them from smashing their head- they'll be fine, it's for attention but obviously don't let them continue it.


SO- where did this kid get such a terrible injury 2-3 mo prior- that would cause such a severe concussion. Was he seen by the pediatrician 2-3 mo prior (versus the three week prior to death mark that was mentioned already)?

I am guessing that it would have come out that he was seen- based on the timeline Rudd now gives (along w two other MEs) - for the first injury?

If he wasn't seen..... WHY!? A concussion can be subtle especially in a toddler- but such a severe injury?! Not subtle at all. He was even showing signs of head trauma three weeks prior when he was seen by pediatrician. Why was his head so enlarged? The bleed and swelling had to have begun at the very least by the time he was seen three weeks prior.

Enlargement of the skull to the size in the imaging wouldn't happen between time of death and the imaging that was done during autopsy, pretty sure. Skull tissue is hard enough to protect them by this age but there could still be a small Fontanelle in his skull left from birth especially if he was a twin (and they are so much smaller than singleton births, often need NICU stay until they are at birth weight, which is why multiple births are classified "high risk"). My youngest had a small Fontanelle until he was about 1-1.5 years. My pediatrician checked on it- it's not abnormal to have one that long apparently regardless of birth weight/prematurity/etc....


So honestly they need to be hunting down what did happen to this baby. It wasn't Melissa. SOMEONE inflicted a serious injury on little Ben months prior to Melissa even working at the daycare.

I wouldn't be surprised if LE is already looking into it. Filenko has a bit of the spotlight on him already from GI Joe's mess- I'm sure he'll want to correct what he got wrong or missed initially.


Sorry to ramble but this whole case upsets me so much - that someone hurt this kid, that they got it so wrong and instead of finding who really hurt little Ben and getting Melissa out of hell on earth ASAP, everything seems to be so lackadaisical and non-urgent.....


It sucked reading prior posts from when this was all going on from those who wanted to crucify Melissa. Jeeze.




Sent from my not so humble opinion.
 
if the original wound WAS caused by headbanging then the family doctor needs to be the one in prison. if he'd done his job and figured out the baby had bleeding in the skull the baby would still be alive.

Yes!!! And I doubt the first injury was caused by head banging- it had to have been a more severe blow that caused a pretty hefty confusion see my post above - but I guarantee the trigger for bleeding and swelling in Bens brain was headbanging.


Sent from my not so humble opinion.
 
I saw the latest 48 hours on this and it was disturbing. The way she reenacted throwing the poor child was not at all how I would imagine someone throwing down a child in frustration - it looked like she was dropping a heavy box. Her confession didn't seem real to me, but regardless of that, the deception that appeared to be going on with the coroner and prosecutor is enough to raise real red flags. I don't know enough to judge the severity of the injury and someone's ability to miss it or judge it insignificant, but I definitely believe the initial and final incidents could be related to headbanging and not indicate abuse by anyone. People generally don't know a lot about how head injuries work and how unpredictable and serious they can be.
 
Yeah I agree. And just to add to this- most babies try out the head banging thing- it's a way of "getting mom and dads attention" - my little brother and oldest son would stand in their crib when they didn't want to go to sleep and bang their head on the wall next to it (forehead area- even got bruises that made him look like a Klingon!) - I always always always call our pediatrician with any sort of head bump just to triage it and review what I need to watch out for (signs of head trauma, vomiting, lethargy, or even if they go to sleep and don't re-coil when you try to wake them- slow reaponse).

That's how I learned that it was so common.

I am guessing that this little guy had a HUGE head injury even as far as two months prior to his death and he likely had a concussion- but if mom and dad weren't vigilant and didn't known the sometimes very subtle signs of head trauma they may not have thought to take the baby in to get checked. If they did they would have to make sure baby did zero head banging after that (maybe even prescribing a helmet - some babies have those for various issues) because another even slight bump could cause a hemmhorage.

Just to give you an idea how hard a head is- in 8th grade I was at summer camp and coming back from the lake walking over a covered bridge- jumped off the last four steps, misjudged the room I had for my head to clear the beam support- propelled backwards, fell 8feet, and hit the back of my head on a cement step. I couldn't be stitched up bc it was a wide and shallow wound but the next day I was slurring my speech and lethargic and went for a cat scan and had a severe concussion. I had to stop figure skating for two months because even though you don't usually fall on your head, any risk of falling and even lightly bumping my head could have caused a subdural hematoma and it would have been necessary to (doctors words) "shave your long hair off and drill a hole in your skull to release the pressure from bleeding out so you don't die or suffer brain damage." (I was upset about skating so they had to be kind of blunt with me)

Anyway, point is, this injury that killed this sweet little guy was a huge one. Heads are hard and designed to withstand bumps (and even head banging) - the forehead is hard and so is the back of the head where contact is most common in the fall of a child.

My pediatrician assured me that head banging was normal but still be vigilant. And definitely stop him if he starts smashing his head in front of you like temper tantrum style on the floor (duh, right?) - at this age- 1/2 (before they will sit in a time out chair when they pitch a fit) always stop them from smashing their head- they'll be fine, it's for attention but obviously don't let them continue it.


SO- where did this kid get such a terrible injury 2-3 mo prior- that would cause such a severe concussion. Was he seen by the pediatrician 2-3 mo prior (versus the three week prior to death mark that was mentioned already)?

I am guessing that it would have come out that he was seen- based on the timeline Rudd now gives (along w two other MEs) - for the first injury?

If he wasn't seen..... WHY!? A concussion can be subtle especially in a toddler- but such a severe injury?! Not subtle at all. He was even showing signs of head trauma three weeks prior when he was seen by pediatrician. Why was his head so enlarged? The bleed and swelling had to have begun at the very least by the time he was seen three weeks prior.

Enlargement of the skull to the size in the imaging wouldn't happen between time of death and the imaging that was done during autopsy, pretty sure. Skull tissue is hard enough to protect them by this age but there could still be a small Fontanelle in his skull left from birth especially if he was a twin (and they are so much smaller than singleton births, often need NICU stay until they are at birth weight, which is why multiple births are classified "high risk"). My youngest had a small Fontanelle until he was about 1-1.5 years. My pediatrician checked on it- it's not abnormal to have one that long apparently regardless of birth weight/prematurity/etc....


So honestly they need to be hunting down what did happen to this baby. It wasn't Melissa. SOMEONE inflicted a serious injury on little Ben months prior to Melissa even working at the daycare.

I wouldn't be surprised if LE is already looking into it. Filenko has a bit of the spotlight on him already from GI Joe's mess- I'm sure he'll want to correct what he got wrong or missed initially.


Sorry to ramble but this whole case upsets me so much - that someone hurt this kid, that they got it so wrong and instead of finding who really hurt little Ben and getting Melissa out of hell on earth ASAP, everything seems to be so lackadaisical and non-urgent.....


It sucked reading prior posts from when this was all going on from those who wanted to crucify Melissa. Jeeze.






Sent from my not so humble opinion.

the doctor claims there was no prior head injury prior to january 14th 2009 period. he's obviously lying......i dont feel like we're going too far out on a limb to say that. is he covering for himslf? covering for family? covering for a bad vaccination maybe? the truth is the only ones that got interrogated we're the people from the daycare that day.......i guess if someonelse had been bullied enough quicker then her they'd be prison and not melissa (heck it might even be her own sister in prison)

i dont want to push conspiricy theories but the medical covrup started with the family doctor, and it continued with the original ME (dr choi) and the police and proscution refuse to look at the evidence that clears her. why? they need to fill a bed in logan correctional facility that badly? I've said in earlier posts.......neither dr rudd or the two other experts that agreed with him are paid defense experts. dr rudd didnt even have to examine the slides when he went into office. it wasnt his case.......now he declared that cops death a suicide and one of the same cops that 'questioned' melissa (filenko) ripped him in the press saying he was wrong and it was a murder and how dare he........well guess what? rudd was right there too!

what are these people in charge so afraid of coming out? looking back in this thread you can see someone used this to gain 2 million dollars in a lawsuit against the owner of the daycare who's now dead....(or her insurance company)......and those people also still say she's 'GUILTY' and actually had the nerve to say the new xrays were 'nothing new'.

is everyone on the states side just in denial? delusional? or do they fear the truth coming out cause it would ruin a whole lot of careers and even put some of them in prison?

i must say personally, i dont know why this case gets to me more then some others. even more then ryan fergerson. (convicted for a 'dream' his friend had)

i guess part of it is melissa is not the type of person you'd expect to last 10 minutes in prison let alone 7 years. (so far) i remember some of the stuff from 2009 i've found on other sites that hoped the 'other inmated would take care of her' if you know what i mean. then we find out in the 48 hours episode that those same inmates let her draw pictures of their kids for them.

and yes, looking back in this thread, its hard to believe how harshly she was judged, but then, the prosecution bombarded both the media and the public with a bunch of lies from minute one. lies about the 'confession'. lies about the baby 'taking his blanket to his comfy chair' after she 'slammed him to the ground.' probably most importantly, lies about the medical evidence. she never stood a chance at trial, partially because there was no evidence at that point to refute the prosecutions claims of a fractured skull, and you have her 'demonstrating' on video how she did it. which doesnt even match the so-called evidence the state presented at trial either, but the jury has a dead baby and a confession and i dont think they would walk away from that.....back then.

now i dont even think there should be another trial. i think the states attorney office should drop this case. i cant believe on dec 18th they are going to go into court and trying to tell the judge why this petition should be dismissed. on what grounds? they gonna get chu to lie again that the skull was fractured? (despite all the evidence that it wasnt) they gonna claim the defense knew about these x-rays at trial? (and yet the state didnt use them either so how did the defense possibly know about them?)

case makes no sense. horrible injustice.........just rambling right now. sorry.
 
Some prosecutors (probably quite a few of them) just don't give up even after it becomes clear that convicted person is actually innocent. They could potentially be sued personally (although it's hard to do) if they withheld evidence, etc.
I guess they feel they must win the case regardless of whether the person is actually guilty.
In this particular case, x-rays show child's head looked like a light bulb instead of a normal head. Seems pretty obvious child was injured before this woman even started to work at the daycare. Then by head banging child re-injured his old injury and subsequently died, and the woman was used as a scapegoat. Apparently she has learning disabilities and easily influenced so by repeated questioning it wasn't that hard to get a false confession out of her.
 
Yes!!! And I doubt the first injury was caused by head banging- it had to have been a more severe blow that caused a pretty hefty confusion see my post above - but I guarantee the trigger for bleeding and swelling in Bens brain was headbanging.


Sent from my not so humble opinion.

Considering how much time passed, seems there is no way to figure out how the original injury happened. But seems clear this woman couldn't have done it since she wasn't even working at they day care at that time.
 
i dont know how much longer the state can justify the conviction.

the Medical witnesses coming forward are under no alliegence or payment by melissa, her family or zellner....in fact one of them works for the county itself...and the evidence is seemingly fullproof that she is innocent.

...

X-rays show very abnormal looking head. It looks like a light bulb. Clearly that didn't happen from the injury on the same day that Melissa was working there. Yet poor woman is still in prison.
 
thats my point though. baby's head was shaped like a lightbulb (no skull fracture though)

yet we have both the parents and the babys doctor claiming that one) he was fine and 2) there was no head injury prior to 1/14/09. (and, he was taken to the doctor jsut 2 days before he died and again, doc said everything wsa fine!)

if the parents believed prior to 1/14/09 that he was injured at the daycare you would think he would have been removed.

there's some stuff that i add together but i wont post cause its against TOS.
 
thats my point though. baby's head was shaped like a lightbulb (no skull fracture though)

yet we have both the parents and the babys doctor claiming that one) he was fine and 2) there was no head injury prior to 1/14/09. (and, he was taken to the doctor jsut 2 days before he died and again, doc said everything wsa fine!)

if the parents believed prior to 1/14/09 that he was injured at the daycare you would think he would have been removed.

there's some stuff that i add together but i wont post cause its against TOS.

Oh exactly- any inkling that my kid had been touched and he would be out as fast as I could get there.

I'm so paranoid about head injuries partially because of what I went through and partially because my kids are leaping off the highest shelf and in fast forward from the moment they wake up till bed.

Parenting is terrifying. I can't imagine not calling the pediatrician at the slightest sign of something being off- the day he puked at daycare.... The dr has to be lying OR someone lied to the dr so he only has that to go on.

IMO but suing would be the very last thing I would do in any circumstance - especially after the loss of my kid. God. Poor little Ben. :( sweet little baby boy.


Sent from my not so humble opinion.
 
Oh exactly- any inkling that my kid had been touched and he would be out as fast as I could get there.

I'm so paranoid about head injuries partially because of what I went through and partially because my kids are leaping off the highest shelf and in fast forward from the moment they wake up till bed.

Parenting is terrifying. I can't imagine not calling the pediatrician at the slightest sign of something being off- the day he puked at daycare.... The dr has to be lying OR someone lied to the dr so he only has that to go on.

IMO but suing would be the very last thing I would do in any circumstance - especially after the loss of my kid. God. Poor little Ben. :( sweet little baby boy.


Sent from my not so humble opinion.

easy to get that settlment though for several reasons........1) admittedly the daycare left workers unattended when they werent suposed to and 2) the idiot daycare owner, aprrentley assuming melisssa was guilty (after she confessed) tried to get another worker to lie and say she was in the room with melissa at the time. ironically that same worker also says she never saw or heard melissa do anything to benjamin and in fact corrobarted, on the stand that benjamin did his headbanging on the floor again that morning....

as i have mentioned the only time the parents have talked publicly is after they got their money from the lawsuit. not even after the verdict or sentencing. just after they made 2 million dollars.
 
prosecution got a continuence of the december 18th hearing until january 8th 2016. why? they had 90 days to respond to the defense motion......they have know about the defense motion for SIX MONTHS........WHY ARE THEY STALLING!?!?! :(
 
Prosecutors oppose Calusinski's new trial request

Lake County prosecutors have filed a motion to dismiss a new trial request for a Carpentersville woman who claims she is wrongfully incarcerated for a toddler's 2009 death at a Lincolnshire day care center.
In the 37-page court document filed Dec. 31, prosecutors said the alleged "new" X-ray evidence introduced in a post-conviction petition by defense attorneys for Melissa Calusinski, 28, was actually old evidence her attorneys had in their possession but never electronically enhanced.


In addition, prosecutors said the post-trial petition filed in June by defense attorney Kathleen Zellner reintroduces old arguments that were already discounted at Calusinski's 2011 trial.
"This was a complex trial involving many experts and witnesses, and not something that can be summarized in a sound bite," Lake County State's Attorney Michael Nerheim said Monday. "We filed our petition and will discuss our argument in a court of law where it belongs."
The prosecution document, which the Daily Herald obtained Monday, is under review by Lake County Judge Daniel Shanes. It will be discussed at a hearing Jan. 8.

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http://www.dailyherald.com/article/20160104/news/160109704/?utm_source=dlvr.it&utm_medium=twitter
 
It's the job of the prosecution to get and maintain a conviction even if someone is innocent, just as it's the defence's job to get someone off the hook even if they are guilty.

Do you know, I've been updating a lot of the abused kids threads on here recently, and I think this happens more often that we realise... Usually there is no witness to the abuse, so the police just bully the person who was last with the child for hours on end in interviews until they say that they shook or dropped the kid. Or sometimes the only witness was other little kids, who are easily coaxed to say what the police want. I don't think the police do it intentionally, I think they just don't realise how easy it is to bully or trick someone into making a false confession. And usually the confession is the only real piece of evidence that the person hurt the child.
 
It's the job of the prosecution to get and maintain a conviction even if someone is innocent, just as it's the defence's job to get someone off the hook even if they are guilty.

The burdens are different, though. A defense attorney's job is to get the defendant off when the evidence isn't beyond a reasonable doubt, which includes many guilty people, but the prosecution's job is to get a conviction where there is enough evidence to pursue it further, and even then they have discretion. Double jeopardy rules etc. actively encourage them not to pursue a conviction even where guilt is obvious if the evidence isn't airtight. They definitely are not obligated or really even encouraged to get convictions where innocence is seriously at issue. The state is supposed to be right; the defense has no such requirement. Defense counsel could get in trouble for not being zealous enough; a prosecutor can't get into the same kind of trouble for not bringing a case, even one he or she could clearly win. Their jobs are different.
 
It's the job of the prosecution to get and maintain a conviction even if someone is innocent, just as it's the defence's job to get someone off the hook even if they are guilty.

Do you know, I've been updating a lot of the abused kids threads on here recently, and I think this happens more often that we realise... Usually there is no witness to the abuse, so the police just bully the person who was last with the child for hours on end in interviews until they say that they shook or dropped the kid. Or sometimes the only witness was other little kids, who are easily coaxed to say what the police want. I don't think the police do it intentionally, I think they just don't realise how easy it is to bully or trick someone into making a false confession. And usually the confession is the only real piece of evidence that the person hurt the child.

umm the job of the prosecution is to seek justice. not winning.......if they are intentionally keeping innocent people behind bars (which is the case here IMO) then they should be disbarred just like any unethical defense lawyer we groan about.

The confession is bogus. the autopsy was bogus. the state knows this. the state doesnt care. the state wants to use lies and technicalities to keep an innocent woman locked up.
 
the states new plan is to sling mud at kathleen zellner one of the most ethical and indisputable best lawyers in the country cause they have NOTHING on melissa.

the claim is the xray evidence is 'old' right. its old cause the states attorney told her original defense team in 2011 that the xrays were 'unreadable' LIES.....LIES..........LIES. they never gave those x-rays to the defense!
 
It's the job of the prosecution to get and maintain a conviction even if someone is innocent, just as it's the defence's job to get someone off the hook even if they are guilty.

Do you know, I've been updating a lot of the abused kids threads on here recently, and I think this happens more often that we realise... Usually there is no witness to the abuse, so the police just bully the person who was last with the child for hours on end in interviews until they say that they shook or dropped the kid. Or sometimes the only witness was other little kids, who are easily coaxed to say what the police want. I don't think the police do it intentionally, I think they just don't realise how easy it is to bully or trick someone into making a false confession. And usually the confession is the only real piece of evidence that the person hurt the child.

It's not a prosecutor's job to convict innocent people. Prosecutor isn't supposed to even pursue the case if there isn't evidence beyond a reasonable doubt to convict.
 
It's the job of the prosecution to get and maintain a conviction even if someone is innocent, just as it's the defence's job to get someone off the hook even if they are guilty.

Do you know, I've been updating a lot of the abused kids threads on here recently, and I think this happens more often that we realise... Usually there is no witness to the abuse, so the police just bully the person who was last with the child for hours on end in interviews until they say that they shook or dropped the kid. Or sometimes the only witness was other little kids, who are easily coaxed to say what the police want. I don't think the police do it intentionally, I think they just don't realise how easy it is to bully or trick someone into making a false confession. And usually the confession is the only real piece of evidence that the person hurt the child.

This is my first post so forgive me if I'm breaking any rules, but I have some questions. If anyone can answer one or more, I'd be grateful.

- Who else was interviewed by police, other than the daycare workers?
- If headbanging is relatively common, how common are the injuries seen in Ben?
- How obvious would the symptoms of this old injury be, using similar cases as comparison?
- Did those closest to him report anything strange about his recent behavior to medical staff/police, as one of the daycare workers did (she said he was sleeping a lot, threw himself down on the ground sometimes, or often seemed "odd")?

There are a couple of red flags here.

Interested to follow, in any event.
 

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