Imprisoned Daycare Worker Denied New Trial

CHICAGO (CBS) -- There will not be a new trial for imprisoned daycare worker, Melissa Calusinski, after an appeals court handed down the ruling Monday.

CBS 2's Dana Kozlov reports her family is getting ready for the next step in their fight.

"Then it says dad thank you for being a man of courage," said Paul Calusinski, reading a father's day card from his daughter, Melissa. He received the card on the same day an appeals court denied her a new trial.

"Devastated, upset, disappointment," said Paul Calusinski after hearing the appeals court's decision.

Melissa Calusinski is nine years into a 31-year prison sentence for the death of a toddler.

The toddler, Benjamin Kingan, died in 2009 after he was found unresponsive in the daycare at which Calusinski worked.

After a nine-hour interrogation which she now says she was coerced, Calusinski admitted she slammed the child's head into the ground, fracturing his skull.

Calusinski's defense attorney, Kathleen Zellner, says that is incorrect.

"There's no fracture. I don't see a fracture," Zellner stated.

In April, Zellner told appellate judges that a second set of x-rays, not presented at the original trial, show no fracture existed. The judges ruled that likely would not have impacted the outcome of her trial.

"I'm sorry, but I actually think it's political because the judges are running for re-election, I really do," stated Paul Calusinski.

Former Round Lake Police Officer, Dominic Izzo, formerly worked for Calusinski's lead interrogator, George Filenko.

"Law enforcement does not like to be wrong. It's something, when I was involved with it, we don't like to," stated Izzo.

George Filenko is the same man who led the investigation into the death of Fox Lake Police Officer Joe Gliniwicz, which turned out to be a suicide. The investigation was highly criticized.

The Lake County State's Attorney's Office did not comment.

Calusinksi's attorney is planning to take the case to the Illinois Supreme Court.