Paul Calusinski, and his sister, Helen Barrett, hold a “Free Melissa” sign in the Lake county courthouse, prior to the June 13 hearing.

Paul Calusinski sat in the coffee klatch area, of the Lake County Courthouse, with his wife and friends, prior to a June 13 hearing that could lead to an evidentiary session for his daughter, Melissa. Since last fall, dueling motions filed by both prosecution and defense attorneys resulted in continuances and delays, and an inability to present new findings in an open forum.

“Something good is going to happen today, I can just feel it,” he said. “It’s something in the air, I can’t put my finger on it. It’s going to be a good day.”

His faith was later vetted, as a status hearing was granted for July 8, by Circuit Court Judge Daniel Shanes, that will allow witnesses, affidavits, and hard evidence allegedly showing that Melissa Calusinski was not responsible for the death of 18-month-old Benjamin Kingan, but occurred from the hemorrhaging of a pre-existing injury.

: Lead defense attorney, Kathleen Zellner, addresses the media during a post-hearing news conference.

The next step, following the status hearing in the post-conviction timeline, would be an evidentiary hearing and ruling that may permit a new trial over her 2011 murder conviction, and 31-year sentence. Shanes had stayed action, during an April 26 hearing to give him more time in reviewing all the submitted documents pertaining to the case.

“Concerning the various pleadings for prompt relief in this case, the law in the process is a clear process, when the defendant is seeking a new trial based on factual claims,” said Shanes. “To determine whether valid, or address a fact-finding determination … as a result, must consider new evidence.

“The question before the court, and the only question, is whether the new evidence should have a bearing in the decision of a new trial being warranted,” he said. “It’s how the court resolves conflicts, with witnesses and fact … I’m entering the order for status, and for the record, so all can read it.”

Outside the courtroom, Paul Calusinski cried, and hugged lead defense attorney, Kathleen Zellner, as family members stood by, somewhat stunned that the decision had now reached this point in the legal proceedings. “I’m so happy for my sister, Melissa, this is so wonderful,” said Crystal Calusinski.

Paul Calusinski, Melissa’s father, talks with reporters during a news conference about the court ruling.

Zellner’s legal team has accumulated key pieces of contradictory evidence that are favorable to the former Carpentersville resident and Minee Subee Day Care Center worker. X-rays taken at the child’s autopsy were found in the office of Lake County Coroner Dr. Thomas Rudd last year.

The photos showed no skull fracture, when a contrast gradient icon was activated. At the time of the criminal trials, knowledge and application of the gradient icon was not relayed to attorneys. Rudd also found the original tissue slides verifying a pre-existing injury at the back of the child’s head, and consistent with hemorrhaging.

“The X-rays are a prime piece because it shows no skull fracture,” Zellner said, during a press conference. “There is also an affidavit, from the attending physician that conducted the autopsy, Dr. Choi, where he states his determination as to manner and cause of death was incorrect.”

One document, previously obtained by the Chronicle, could also be called into evidence. At a pre-trial meeting between then-assistant state’s attorney, Christen Bishop, Dr. Choi, a defense team representative, and another pathologist, Choi made statements that his assessment may be in error. Bishop still proceeded with the prosecution, using the faulty autopsy findings.

Calusinski had also been interrogated for more than nine hours, with suggested scenarios offered by detectives, and employing questionable methods forwarded by the John Reid Institute to wear down suspects, she confessed to “slamming” the child and causing his death. The taped confession was cited as the main element for her conviction.

Presumably, witnesses, including Bishop, Choi, and Rudd could be called to testify. Paul Calusinski was hopeful, when speaking at the press conference. “We’ve waited for this day, and it is here. First, there’s the status hearing, then the evidentiary ruling … we want to bring our daughter home.”

Melissa Calusinki, 29, is currently incarcerated at the Logan Correctional Center, in downstate Lincoln.