Lawyers given more time to look at new trial request in Calusinski case

WAUKEGAN, Ill. (WLS) -- Lake County prosecutors are trying to stop a new trial for a day care worker found guilty of murdering a child in 2009.

Melissa Calusinski was convicted of throwing a 16-month-old boy to the floor. She's serving 31 years in prison, but new evidence may change that.

Her attorneys claim evidence discovered since her trial, which includes certain x-rays, indicates the child died from pre-existing head injuries.

In court Thursday, prosecutors asked for 60 days to go over the request. They are trying to block a new trial, arguing Calusinski's attorneys are just re-packaging old evidence.

The Calusinski family is very hopeful. They held a vigil for Melissa on Thursday.

"Gives us a lot more hope. I think it's somewhere in the Bible, that says you need hope with patience and we need both of them now. We have a lot more hope and that's what we are running with. My daughter is ecstatic," said Paul Calusinski, Melissa Calusinski's father.

Both sides will be back in Lake County court on March 11.