WAUKEGAN, Ill. (WLS) --A judge ruled Tuesday that he will read through hundreds of pages of documents requesting a retrial for a former teacher's aide who was convicted of killing a toddler by throwing the child to the ground.
Mellissa Calusinski is currently serving a 31-year sentence for throwing a 16-month-old boy to the floor at a Lake County daycare in 2009.
Calusinski's attorneys are looking to have her conviction thrown out, claiming that evidence discovered since her trial - including certain x-rays - indicates the child had pre-existing head injuries.
The judge said he will go through motions from both sides, to find if they are legally sufficient and if they legally address allegations.
Calusinski's family has always maintained her innocence and said Tuesday's ruling is a step in the right direction.
"We believe that now she is going to get her day in court and the truth will set her free," said Paul Calusinski, Melissa's father.
Both sides are expected back in court for a status hearing on June 13.