48 Hours - Unraveling the Case Against Melissa
Episode Date: January 20, 2025Was key evidence manipulated to help convict a day care worker of murder? Erin Moriarty reports.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19....com/privacy#do-not-sell-my-info.
Transcript
Discussion (0)
Wondery Plus subscribers can listen to this podcast ad-free right now.
Join Wondery Plus in the Wondery app today.
Get ready for Las Vegas style action at Bet MGM, the king of online casinos.
Enjoy casino games at your fingertips with the same Vegas strip excitement MGM is famous for
when you play classics like MGM Grand Millions or popular games like Blackjack, Baccarat,
and Roulette. With our ever-growing library of digital slot games, a large selection of online table games,
and signature BetMGM service, there's no better way to bring the excitement and ambiance
of Las Vegas home to you than with BetMGM Casino.
Download the BetMGM Casino app today.
BetMGM and GameSense remind you to play responsibly.
BetMGM.com for terms and conditions.
19 plus to wager.
Ontario only.
Please play responsibly.
If you have any questions or concerns about your gambling or someone close to you, please
contact CONNECS Ontario at 1-866-531-2600 to speak to an advisor free of charge. BedMGM operates pursuant to an operating agreement
with iGaming Ontario.
Hello Melissa. Hi, Erin. It's been, boy, more than a decade since I first met you.
When we first met, did you ever think you'd still be here this long?
No.
Why am I still in here?
I just don't understand. You may remember in 2009, Melissa Kaluzinski was
working at a Lincolnshire daycare. She was given 31 years in prison for the death of
a 16-month-old who was in her care. Since then, she and her supporters have been fighting
back calling this a wrongful conviction. You're really a fool. It hurts.
She doesn't belong there.
She's the kind of person that would take her shirt off
her back and help other people.
This is my baby.
This is my youngest.
I just want her home.
I used to work at the Minisubi daycare.
I think it was definitely more than a job to her.
The kids were her number one priority.
I feel like the kids brightened her day.
Do you believe that Melissa Kaluzinski had anything to do with Ben Kingen's death. Zero. She had nothing to do with it.
I am Melissa Kaluzinski's current attorney.
She loved Ben.
Ben loved her.
And what she told the police was that she threw him to the floor.
You threw him on the floor?
Yeah.
Show us how hard you threw him on the ground.
Well, like, yeah. Did you hurt that baby? You throw him on the floor? Yeah. Show us how hard you threw him on the ground. More like that.
Did you hurt that baby?
No, I did not.
I would never do that.
You've got her isolated in a small room
with these two men for hours.
I never put my hands like that.
She's trying so hard to be the good girl, the compliant girl.
I want to help you guys so much. She's trying so hard to be the good girl, the compliant girl.
I want to help you guys so much.
She's not equipped to deal with a situation like that.
We're not going anywhere until we get the facts here.
The only way for me to get out was to make a confession,
a false confession.
Is there any evidence that corroborates the confession
that Melissa made?
Zero.
We would never take someone to trial with just a confession.
This child had a fractured skull.
There was extensive injuries to this child internally.
It's clear that she killed Benjamin.
Do you believe there was a skull fracture?
No.
There is no fracture.
The evidence had been manipulated.
If I take these sliders here, you can manipulate this photo.
So somebody went in and they altered the contrast
to make it look like that on screen.
Somebody took x-rays that were completely clear
and turned them into unreadable images.
Yes. I can't think of an innocent explanation.
So you're saying that either the prosecutor's office or the coroner's office,
but somebody representing the state did this?
Yes.
A former daycare worker convicted of killing a toddler tries again today to be released from prison.
Their case was before the Prisoner Review Board in an effort to get clemency.
People have to know the truth. I have to keep pushing.
If I know how much it hurts, I want people to know I'm innocent.
Melissa Kaluzinski has served 16 years of a 31-year prison sentence for the death of Benjamin Kingan, a 16-month-old whom she cared for at an Illinois daycare center.
She has long insisted she is innocent.
This is not where I belong.
I'm going to continue to fight no matter what because I did not do this.
We've been covering this case for more than a decade, and over the years, Melissa's appeals have failed.
But she and her attorney, Kathleen Zellner, are not backing down.
Now they're taking their fight out of the court system and straight to the governor of Illinois,
J.B. Pritzker,
and his prisoner review board.
We're asking them to declare that she's actually innocent and release her.
We are also saying, commuter sentence.
The story began on January 14, 2009.
Melissa, then 22 years old, was working as a teacher's assistant at the Minisubi Daycare in Lincolnshire, an affluent suburb of Chicago.
Ben Kingen attended daycare there, along with his twin sister and their two older siblings. I came to work and I saw Ben.
He was fine, normal, happy, playful.
Late that afternoon, after the kids were fed a snack
and cleaned up, Melissa says she put Ben down on the carpet
and he crawled into his bouncy seat on the floor.
He's sitting in his bouncy chair, playing with his blanket, and he was starting to kind of fall asleep, which was normal.
The teacher working with Melissa stepped out of the room briefly, leaving Melissa alone with the children.
That's when Melissa says she noticed something wrong with Ben. He didn't look right.
I took his little hand and I touched his hand
and I'm like, Ben, Ben.
He did not wake up at all.
I saw orange foam coming out of his nose and...
I'm sorry.
Melissa called for help.
Her older sister, Krystal Kalyazinski, also worked at the daycare at the time.
I hear on the intercom, someone help me, help me, help me.
I ran in, then started CPR immediately.
What's that like for you, Krystal?
I dream about it a lot.
Like I see it in my, you know, my head.
911 was called.
I have a child who was, who's fuming, who's not breathing.
Paramedics responded.
Ben was taken to the hospital.
He was pronounced dead an hour later.
Me and my sister fell to the floor and we were just bawling.
What happened to him and how? I don't understand.
An investigation was launched.
According to this police report, during an autopsy,
the pathologist, Dr. Yupol Choi,
told a detective that he observed a skull fracture, extensive bleeding inside Ben's
head, and that the injury was caused by another person using strong force within hours prior
to Ben's death.
And yet Ben had no cuts or obvious wounds on the outside of his body,
no serious bruises.
The pathologist listed the autopsy as pending further studies.
Police brought in the daycare workers who had been with the toddler on the day of his death,
Somebody did something to him.
determined to find out what happened to Ben.
After Melissa was read her rights, detectives began pressing her for answers.
I have a good idea that you've seen what happened or you were involved with what happened because
you were the only one in the room at the onset of this.
Melissa denied over and over again more than 60 times doing anything to Ben.
I never put my hands up there.
I did not drop them.
But the detectives didn't stop.
You're there. It's not like there were 50 people in that room with you.
All these years later, Melissa still remembers what it was like being in that room.
They weren't listening to anything I said.
After nine hours under pressure and without an attorney, Melissa changed her story.
She said she thought if she told the investigators what they wanted to hear, they would let her
go home.
We're not going anywhere until we get the facts here. The only way for me to get out was to make a confession,
a false confession.
I wasn't thinking at all.
You weren't thinking of the consequences
of doing something like that?
No.
All I could think about was just going home.
up and you get mad at them and you throw them on the floor.
You throw them on the floor? Yeah, really hard.
When Melissa was taken to another station for booking,
she repeated the same story to another investigator.
After spending 14 hours with police,
Melissa Kalyuzhensky was arrested for the murder of Benjamin Kingan,
even though she almost immediately took back the story she told police.
I know I'm innocent.
Melissa's parents, Paul and Cheryl Kowalczynski, still remember receiving the news.
And I said, what?
Did you think possibly she had hurt this baby?
Nope.
Nope.
She is the kind of person that would never, never
put her hand on someone else's child.
But Melissa had told investigators that she did. And after that, the manner of death on Ben's death certificate was listed as homicide.
Law enforcement announced they had solved the case.
Ms. Kalisinski admitted to police that she had taken the infant boy and thrown him on the ground.
They made her look like a bad person,
and she's not that type of a person.
Melissa's family would make it their mission to clear her name.
My parents sold everything that they had.
I put all my effort into getting her freed.
They had no idea how much of a fight they were in for.
You don't believe in ghosts?
I get it.
Lots of people don't.
I didn't either until I came face to face with them.
Ever since that moment, hauntings, spirits, and the unexplained have consumed
my entire life.
I'm Nadine Bailey. I've been a ghost tour guide for the past 20 years. I've taken people
along with me into the shadows, uncovering the macabre tales that linger in the darkness, and inside some of the most haunted houses,
hospitals, prisons, and more.
Join me every week on my podcast, Haunted Canada,
as we journey through terrifying and bone-chilling stories of the unexplained.
Search for Haunted Canada on Apple Podcasts,
Spotify, Amazon Music, or wherever you find your favorite podcasts.
Harvard is the oldest and richest university in America.
But when a social media-fueled fight over Harvard and its new president broke out last fall, that was no protection.
Claudine Gay is now gone.
We've exposed the DEI regime and there's much more to come.
This is The Harvard Plan, a special series from the Boston Globe and WNYC's On The Media.
To listen, subscribe to On The Media wherever you get your podcasts. He was a very healthy baby, just a happy, happy little boy.
In November 2011, nearly three years after the death of Ben Kingan, Melissa Kalyuzinski
went on trial for murder.
The state argued that Ben was a perfectly healthy toddler leading up to his death.
Matthew Demartini and Stephen Scheller prosecuted the case.
How would you describe what the parents have gone through?
When somebody takes your child from you, I don't think that there's any word to describe what they have gone through. Dr. Choi, the pathologist who conducted the autopsy,
testified about that skull fracture he said he had seen
and how he believed the child's injury was recent
and consistent with having been thrown to the floor by someone.
But Melissa's trial attorney Paul DeLuca told the jury
about a head injury Ben had previously received.
It was noticed at the daycare three months earlier.
Melissa was not even working there at the daycare center.
After Ben's death, multiple people, including daycare teacher Nancy Callinger, told investigators about it.
...the death of his head. I mean, we called for her. We now call her doctor. told investigators about it.
But prosecutor Stephen Scheller argued that the earlier injury was insignificant. The pediatrician actually examined Benjamin's head.
It felt around, said there was no issues, that mom should just keep an eye on him.
Ben never had an issue after that.
That's not what defense experts said.
They noted that after the injury, there were possible signs of head trauma.
Medical records showed that in the days after the injury,
Ben was lethargic and had a persistent fever.
And another daycare employee, Holly,
who asked that we identify her by her first name only,
testified for the defense about the last time she saw Ben,
two days before his death.
Melissa walked into the room and she was holding Ben,
and she said, like, he's not feeling well.
And it was almost immediately after she said that that he
threw up, like, everywhere.
The next day, one day before he died,
Ben was kept home from daycare.
Prosecutor Matthew Demartini argued
it was a stomach bug or a winter cold.
He was given Pedialyte and put to bed.
He woke up the next day and he was fine.
But the defense maintained that Ben's prior injury was so serious that any new impact
could have had major consequences.
And Ben did have a habit of throwing his head back.
He would be sitting on the ground and he would just kind of launch his head back. He would be sitting on the ground
and he would just kind of lunge his body backwards
and hit his head.
You know, I guess you'd call it like he was a head banger.
Nancy Callenger recalled that Ben had done that twice
on the day of his death.
I put him on the floor
and he immediately threw himself on the floor.
And then I walked towards the sink and he threw himself again.
Prosecutors insisted that Melissa had hurt Ben.
This child did not explode or implode on his own.
And they pointed to her confession.
She became frustrated at holding Ben.
She threw him to the floor. Prosecutors told the jury that the fall was so severe, it caused that skull fracture.
At trial, they mentioned a skull fracture more than 30 times.
But was there one?
Well, most of the experts who testified from both sides agreed there appeared to be a fracture in
autopsy photos.
One defense expert said she couldn't say for sure.
And according to Melissa's attorney, Paul DeLuca, the x-rays the prosecution had provided before the trial were unreadable.
Before trial, I said, do we have any better images?
And it was no. The state's final witness, pathologist Dr. Manny Montes,
gave the most vivid and damaging testimony at trial.
He said he examined the body and felt the fracture
with his bare hands.
Dr. Montes said he put his finger in the skull
and threw the fracture.
I mean, it was devastating.
The jury deliberated for seven hours
before convicting Melissa Kaluzinski
of aggravated battery of a child and first degree murder.
My heart sunk.
I know I didn't do this.
Melissa's family remained determined to prove her innocence.
I didn't accept the verdict. I knew what was wrong.
And in 2012, a year after the conviction, Dr. Thomas Rudd, the then newly elected Lake County
coroner, agreed to review the autopsy evidence at the urging of Melissa's trial attorney.
I saw a membrane and I thought, my God.
What do you mean when you say you saw a membrane and I thought, my god. What do you mean when you say you
saw a membrane? You see a scab similar to what forms on your skin except it's in
the brain. This is a slide of a part of this infant's brain. Correct. By definition,
if you have a membrane you have an old injury. At Melissa's trial Dr. Choi had
told the jury he observed no sign of an old injury.
But according to Dr. Rudd, Dr. Choi had simply missed it.
He called in Dr. Nancy Jones, a well-regarded pathologist, for a second opinion.
And she agreed with Dr. Rudd and noted that the old injury had been healing for about
two or three months, a time frame consistent with that bump on Ben's head that was noticed at daycare.
How they let that go is beyond me. Like the defense experts at trial, doctors
Jones and Rudd believe that the old injury was further exacerbated by Ben's
head banging. The added fluid of the recent injury pushes that brain down
and shuts down the breathing system.
That is the cause of the child's death.
It was the old injury.
The old injury was massive.
Dr. Rudd phoned the now retired Dr. Choi,
who signed a sworn affidavit conceding that he had missed
that Ben had suffered an old injury.
But he crossed out the word significant, and when asked if he would have changed his
testimony at trial, Dr. Choi said no. There's no indication that anything in there is significant.
But Dr. Rudd suspected that Dr. Choi may have also been wrong about another major issue in the case.
That alleged skull fracture.
What should have been done was that whole section should have been cut out to look under the microscope
to see if in fact it is a skull fracture. And they didn't.
Dr. Rudd believed what Dr. Choi and the other medical experts thought was a skull fracture, and they didn't. Dr. Rudd believed what Dr. Choi and the other medical experts thought was a skull fracture
may have instead been a normal part of Ben's growing skull, but he couldn't prove it.
Then in 2015, Melissa's father said he received an anonymous call that there was a set of
x-rays at the coroner's office
that had never been turned over to the defense.
When Dr. Rudd's staff searched the computer archives,
they came across these startling images
that were never shown at trial.
I was dumbfounded.
There's definitely no skull fracture here. I've shown this to various pathologists and a radiologist.
They've all called me and say there's no skull fracture in this child at all.
In 2015, four years after Melissa Kaluzinski's conviction, and shortly after those clear
X-rays of Ben Kingham were found, Dr. Rudd changed the manner of death on Ben's death
certificate from homicide to
undetermined. By this point, defense attorney Kathleen Zellner had taken on Melissa's case.
I don't know of a case in America where someone's serving a 31-year prison sentence
for a death that was undetermined. Zellner, who has built a career on getting the wrongfully convicted out of
prison, was intent on getting Melissa's conviction overturned.
And in 2016, Melissa was granted an evidentiary hearing to
present what Zellner argued was new evidence before Judge Daniel
Shains, the same judge who presided over Melissa's trial. The new evidence was that the images that had been given to Paul DeLuca had been darkened.
Remember, the state gave Melissa's trial attorney, Paul DeLuca, a disc containing these dark,
unreadable x-rays before trial.
At the evidentiary hearing, Dr. Rudd testified about finding the clear x-rays, x-rays that
had been used to find the dark, unreadable x-rays before trial. At the evidentiary hearing, Dr. Rudd testified about finding the clear x-rays,
x-rays that he and other defense experts said showed no skull fracture,
x-rays that Zellner argued would have changed the outcome of Melissa's trial.
The skull fracture was the pivotal point in the state's case to convince the jury it was a homicide.
But at the evidentiary hearing, prosecutors argued that this wasn't new evidence in the case.
They said the disk provided to DeLuca had software that could enhance the x-rays
and that he simply didn't do enough to brighten them.
DeLuca says he couldn't even open the software.
I call in a secretary, call in somebody else in the office.
No one could get any better images.
Zellner, with the help of an imaging expert, argued that it didn't matter what DeLuca
did, that the X-rays that he had been given had been modified and were inferior to the ones on the coroner's office computer.
She also called a witness whom she believed raised more questions about the prosecution's case,
Paul Foreman, the deputy coroner during Bankingen's autopsies.
Foreman disputed the testimony of one of the most important witnesses at Melissa's trial,
Dr. Manny Montez.
Remember, Dr. Montez was the state's final witness who testified that he felt a fracture
in Ben Kingen's skull.
But Foreman, who said he was there when Montez came to the coroner's office, testified that
Montez never physically examined Ben's body or actually touched the child's skull.
Could he have somehow gone in and looked at Ben's body, examined the body without you
knowing?
No, I was with him from the moment he came in the door
to the moment he left.
The state tried to discredit Foreman
by questioning his memory as well as his mental health.
Foreman told us he had been treated
for bipolar disorder and depression.
Well, it was a personal attack.
But Foreman wasn't the only defense witness
who raised questions about Dr. Montez's testimony.
Dr. Robert Zimmerman, a renowned pediatric neuroradiologist who examined the readable x-rays,
testified that if that skull fracture had existed, it would be clearly visible.
It wasn't there on the x-ray, so I don't think you could have actually seen it.
But prosecutors stood by their trial witnesses, Dr. Montez and Dr. Choi,
who said they saw and felt a skull fracture.
We reached out to both doctors for this broadcast,
but they did not respond to our request for comment.
When the evidentiary hearing ended, but they did not respond to our request for comment.
When the evidentiary hearing ended, Judge Shains ruled against Melissa.
She was dealt a devastating setback today in court.
That's when a judge ruled she would not get a new trial.
In his ruling, Judge Shains stated that he didn't find Paul Forman's testimony
regarding Dr. Montez credible,
and he agreed with the state that Paul DeLuca could have brightened the x-rays
and made them readable. It was another letdown for Melissa and her family.
You clearly made a mistake.
mistake. I just don't understand.
Zellner appealed the ruling, but again, a disappointment. And then four years later in 2022, there was a development that few saw coming. Eric Reinhart, a
new state's attorney in Lake County, the county where Melissa was convicted, had taken office.
Zellner says he wanted more information on the discrepancy over the x-rays,
so he recommended she retain the digital forensics company, Garrett Discovery.
We paid for him, but he recommended him.
Andrew Garrett is the CEO of Garrett Discovery.
Brian Bowman is a digital forensics expert who works for him.
They concluded the x-rays were manipulated by someone using a software tool used to view x-rays. How did Paul DeLuca, the defense attorney,
end up with these very dark pictures?
I can show you.
So if I take these sliders here and I drag them all the way
down or all the way up, you can manipulate this photo.
So somebody went in and they altered the contrast to make it look like that on
screen and then exported that file.
On the coroner's computer.
On the coroner's computer.
Bowman agrees there was little DeLuca could do.
The defense counsel could have adjusted some of the contrast on the JPEGs that they were
given but they couldn't make the images bigger and they wouldn't be able to go in and zoom in to the depth
and have the clarity of the image that the original is.
But if Ben Kingen's X-rays were manipulated, who did it?
In their report, Garrett and Bowman pointed to the state.
You put in here,
the state adjusted the settings of the images that resulted in black, washed
out images.
You're saying that either the prosecutor's office or the coroner's office, but somebody
representing the state did this.
Yes.
Yes.
This is not a kiosk computer sitting in a lobby.
This is in their custody and control.
You have to be in the coroner's office to get access to this.
What do you make of Garrett Discovery's findings?
Chat now with the 48 Hours team on Facebook and X.
UFO lands in Suffolk and that's official, said the News of the World.
But what really happened across two nights in December 1980 when US servicemen saw mysterious
lights in the forest near RAF Woodbridge and claimed to have had a close encounter with
an actual craft?
Encounters, a new podcast available exclusively on Wondery Plus, takes a deep dive into one
of the most famous and still unresolved UFO encounters
to ever take place in the UK. Featuring shocking testimony from first-hand witnesses, hosts,
journalist, podcaster and UFO researcher Andy McGillin, that's me, and producer Elle Scott
take us back to the nights in question and examine all of the evidence and conflicting
theories about what was encountered in the middle
of a snowy Suffolk forest 40 years ago.
Are we alone?
Encounters is a podcast which is going to find out.
Listen to Encounters exclusively in ad free on Wondry+.
Join Wondry plus in the Wondry app or in Apple podcasts.
He was hip hop's biggest mogul,
the man who redefined fame fame fortune and the music industry.
The first male rapper to be honored on the Hollywood walk
of.
Did he built an empire and live the life most people only dream
about everybody no no party like a did he party so yeah,
but just as quickly as his empire rose,
it came crashing down.
Today I'm announcing the unsealing
of a three count indictment, charging Sean
Combs with racketeering conspiracy, sex
trafficking, interstate transportation
for prostitution.
I was f***ed up.
I hit rock bottom.
But I made no excuses.
I'm disgusted.
I'm so sorry.
Until you're wearing an orange jumps jumpsuit it's not real now
it's real.
From his meteoric rise to his shocking fall from grace from
law and crime this is the rise and fall of getting listen to
the rise and fall of getting exclusively with one 3 plus.
In late 2022, when Lake County State's attorney, Eric Reinhart, met with the forensic experts, experts he recommended and
learned of their findings, attorneys Kathleen Zellmer and
Paul DeLuca were also there.
Eric was just indignant.
He was saying whoever had done this manipulation should be held accountable.
I believed after the meeting that he believed in Melissa's innocence,
and he was going to try to rectify this.
I thought he was going to do something about it.
But nothing happened, say Zellner and DeLuca.
And as the months stretched on,
Zellner decided to also look more closely at Melissa's confession.
That's the only evidence against her.
There's nothing that tips this as being a homicide, absolutely nothing.
Zellner asked Dr. Saul Kassin, a psychology professor and leading expert on false confessions,
to review the case. Dr. Kassin had first analyzed the interrogation back in 2016 when he was
a CBS News consultant. He told us then and now that it appears police went into that room determined to get a confession.
The reason that we were called in in this incident is because Ben's skull was fractured.
What we need to know right now is if this was done by accident or did somebody intentionally hurt him?
Yeah, I would never put my hands on it.
Her denials were emphatic.
I never put my hand on the child ever.
And they plowed over all of them.
You know what? Medical evidence, it just doesn't lie.
Remember, a detective reported that during the autopsy, the pathologist Dr. Choi told, we're talking a skull fracture. There's sometimes
Accidents happen and I mean they're up on a boy. They launch into an accident scenario
I did not drop them. Did you lose your patience and hit him?
No, did you push him into a wall?
after nearly six hours with
Investigators you didn't come to work that day with the intent of hurting anybody.
Melissa told them it was an accident.
Did you drop the baby?
Yes. I wasn't paying attention. It flipped out of my hands.
But that didn't satisfy the detectives, who had left the room periodically to phone Dr. Choi.
That story you're giving us is a load of s***.
There's no way, no way that that would have caused that traumatic of an injury.
All you need to do is tell us the truth and we're done.
They're not saying nothing will happen to you, but it's implied.
After nine hours in that room, the investigators were finally getting Melissa to tell a story that could account for a skull fracture.
You were angry.
I was angry and aggravated.
Show us how angry you were and show us what happened and let's just get this over with and move on.
Okay. So I got angry?
Yeah.
And I went boom.
I'm going to tell you something right now. This is very specific.
This is going to leave a specific mark.
Like a fracture.
Then they gave Melissa a scenario
of why she got angry.
We think in this situation, the other babies
are screaming, crying.
And what she did.
He starts acting up.
And you get mad at him, and you throw him on the floor.
You throw him on the floor.
She needs to get out of there.
She can't take it anymore.
I'm so sorry.
OK, we understand.
The detectives who interrogated Melissa did not respond to our request for comment.
Dr. Cassin raises concerns about how long Melissa was in that room,
approximately 10 hours, and how particularly vulnerable she was.
About two and a half years before Ben Kingan's death,
Melissa had reported she was raped.
She was enclosed in a small space, pinned down,
and sexually assaulted.
Now she's pinned into the corner of her room.
I can only imagine that while this
would be normally stressful for the average person,
it would be even more stressful for somebody with that history.
The defense recently had Melissa evaluated
by a psychologist and psychiatrist.
They diagnosed her with post-traumatic stress disorder.
They also assessed her as having borderline intellectual functioning.
She scored at a 4.8 grade level in sentence comprehension,
which could help explain why she believed she could go home,
even after she had confessed to murder.
I'm just kind of curious how much more...
Now that's why I'm running the phone right now.
We're trying to get this done as quickly as possible.
Because I just want to go spend time with my parents and my puppy.
Let me get...
She had no idea what was happening.
The confession, in my my mind is worthless.
There are multiple reasons why she might have given this confession.
This isn't just a vulnerable suspect.
It isn't just interrogation tactics that are highly deceptive.
It's both.
The jury at Melissa's trial heard about her low IQ,
but the judge would not allow a false confession expert to testify.
Zellner believes that testimony might have changed the verdict.
If Melissa Kaluzinski had not walked into that room
as she had insisted on a churning, would she be in prison today?
No, absolutely not.
They had absolutely nothing.
There's no eyewitness, there was no video.
The reason Melissa Kaliszewski got charged is she confessed.
But if Melissa didn't harm Ben Kingan, what happened to the toddler?
It raises more questions about that earlier injury,
the one that was discovered at the daycare months before his death.
Several employees there remembered a coworker.
She was looking at the time that happened,
her name was Brenda.
What I believe I only heard, I didn't see anything,
is that she put it in the crib,
and I believe she turned herself back.
She quit the day after.
Brenda didn't testify at Melissa's trial,
and the defense was never able to track her down.
But we did.
A number of people have said that Ben was hurt
when he was with you.
Melissa Kaluzinski was interrogated for hours about the injury Ben Kingen received just before his death.
But what about the daycare worker who was reported to be with Ben a few months earlier
when he got a lump on his head. She didn't return our calls, but when we located her,
she agreed to speak to us on the condition we obscure her face
and identify her only by Brenda, her first name.
On October 27, 2008, there was a report of an injury on Ben King.
And do you remember that?
No, I don't.
The way it's been described is from some people is that
Ben was with you and you were putting him in the bed.
They heard a bump and,
and then he had a bump on the back of his head.
No.
Did that happen with you?
No.
But you did stop working the very next day?
I did.
I was just kind of tired of being there.
I don't recall a bump and I don't recall ever bumping him.
So do you say it didn't happen or you don't remember it happening?
No, it didn't happen.
Brenda has never been charged with harming Ben, intentionally or accidentally.
But attorney Kathleen Zellmer is adamant
that Ben sustained a serious injury that day.
I think that his parents were misled
by the daycare center about that incident.
And according to these police reports,
it wouldn't be the first time that the daycare
allegedly tried to cover up the seriousness of a child's injury.
The daycare was shut down by state authorities shortly after Ben died.
In April 2024, more than 12 years after Melissa's conviction, with no success in the court system, Zellner filed this clemency petition, asking Illinois Governor
J.B. Pritzker to exonerate Melissa or release her for time served.
I believe this is her best chance for freedom.
Before a scheduled hearing, Lake County State's Attorney Eric Reinhart spoke to an attorney
representing Ben Kingan's family.
And then he wrote this letter to the Prisoner Review Board, stating his office
strongly opposes Melissa's clemency petition.
Were you shocked by that?
Totally. I believe he thinks in his heart that she's innocent.
Reinhart would not do an on-camera interview
or speak to us on the record.
But in that letter to the board, he stated
that there is no new evidence in the case
and that Melissa's petition for clemency
does not establish innocence.
On July 9th, 2024, Zellner went before the Prisoner Review Board to make her case for
Melissa's freedom. What we want to do today is focus on who is this person and how did she end up
in the position that she's in, convicted of the first degree murder of a child.
But also they are making an impassioned plea
for Ben Kingan's parents.
My name is Amy Kingan, and I am here with my husband, Andy.
We are the parents of Angelina Kingan,
who was murdered by Melissa Kalisinski,
for inventing a ground that freed his call.
Because of her actions, Andy and I
are adamantly opposed to Melissa Kalisitzky's release.
We continue to read about how there is no justice for Melissa, but where is the justice
for Beth and for Andy and myself and our surviving children.
We hope that you as the prison review board and the governor will deny her petition for clemency.
Amy and Andy Kingin declined our request for an interview.
Following Amy's statement, Zellner was then given the chance to respond. There is no question that the death of a child is probably the worst thing that could ever happen to a parent.
But the only way that a parent gets closer is with the truth.
And the truth has not come out in this case.
I know that she is innocent.
After the hearing, it was up to the Prisoner Review Board
to make a confidential recommendation
to Governor Pritzker as to whether Melissa should be released.
If you had a chance to talk to Governor Pritzker yourself,
what would you say?
I would say just please look at my case.
I didn't do this.
Holly, who worked at the daycare with Melissa, believes her,
so much so that she wrote this letter to the governor.
From the time Melissa was arrested for Benjamin's murder,
I have always thought she was innocent.
The evidence does not point to Melissa.
I can only imagine
how Ben's family's gonna feel
knowing that I'm saying Melissa is innocent.
But an innocent person should not be in jail.
When we first met the Kaluzinski family back in 2014,
five years after Melissa's arrest, they still had her bedroom set up.
Years after Melissa's arrest, they still had her bedroom set up. Today, that room is still set up just as it was.
Paul and Cheryl Kalyudzinski haven't given up hope that their daughter will be home soon.
She's daddy's little girl.
We did everything we could.
And we're just going to keep on until she comes home.
The Prisoner Review Board made their confidential
recommendation to Governor Pritzker in January 2025.
There is no deadline for the governor to act.
Join me Tuesday for Postmortem from 48 hours,
where we'll dive even deeper into today's episode
and answer your questions about the case.
If you like this podcast, and answer your questions about the case.