Toddler's death now ruled 'undetermined' after new evidence found - WGN-TV

The Lake County coroner has changed the manner of death of 16-month-old Benjamin Kingan from “homicide” to “undetermined. ” The coroner uncovered x-rays he says clears Melissa Calusinski of any wrongdoing. Her family is hoping this new evidence helps her get a new trial or gets her out of prison. In 2009, Calusinski was convicted of throwing Benjamin to the ground causing head injuries that killed him. But a an x-ray found in June in the county’s database shows the toddler didn’t die from a skull fracture that January day but died from a previous injury to his brain. Defense attorneys say they were never given this x-ray and the coroner says it proves Calusinski couldn’t have killed the boy. County coroner Dr. Rudd says chronic swelling of Ben’s brain from that injury, and because of continued banging of his head from normal behavior and repeated concussions, caused his death. The Lake County state’s attorney’s spokesperson says they were caught off guard by this accusation and issued a statement "We are currently reviewing these documents to determine whether this material had previously been given to the defense,... Source: wgntv.com