Was key evidence manipulated to help convict a day care worker of murder? Erin Moriarty reports. To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices
Chapter 1: What led to Melissa Kaluzinski's conviction?
Melissa's parents, Paul and Cheryl Kaluzinski, 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. Kalizinski 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 free. They had no idea how much of a fight they were in for.
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 Kowalczynski 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 there's any words to describe what they have gone through.
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Chapter 2: What evidence was used against Melissa?
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 Kingan. 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 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.
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