Post Mortem | A Day Care Worker Convicted of Murder

Summary

48 Hours: Post Mortem | A Day Care Worker Convicted of Murder Release Date: April 8, 2025

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Introduction

In this gripping episode of CBS News' "48 Hours" postmortem series, host Anne-Marie Green delves deep into the troubling case of Melissa Kusinski, a daycare worker convicted in 2009 for the murder of 16-month-old Benjamin Kingan. Despite serving over half of her 31-year sentence, Melissa maintains her innocence. Joining Green are veteran correspondent Erin Moriarty and producer Stephanie Slipher, who bring over a decade of investigative experience to unravel the complexities surrounding Melissa's conviction.

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Case Background

Melissa Kusinski was convicted in 2009 for the murder of Benjamin Kingan, a 16-month-old boy under her care at a daycare center. She received a 31-year sentence and has served 16 years to date. From the onset, Melissa's case has been fraught with controversy, particularly concerning the validity of her confession and the evidence presented during her trial.

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Initial Interviews and Cognitive Concerns

Erin Moriarty highlights a critical observation from her initial interview with Melissa:

Erin Moriarty [02:50]: "I realized she wasn't quite understanding what I was asking... she had been diagnosed with borderline intellectual functioning."

This revelation raised significant questions about Melissa's comprehension during her interrogation and whether she fully grasped the gravity of her situation or the implications of her confession.

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Controversial Interrogation and Confession

A pivotal moment in the case revolves around Melissa's nine-hour interrogation. Despite consistently denying harming Benjamin, she eventually admits to forcefully throwing him onto the floor—a statement made over 60 times.

Key Excerpt from the Interrogation:

Detective [04:10]: "We all know what's going to happen when someone gets FR with a baby. They get frustrated. Happens to everybody."

Stephanie Slipher [04:34]: "Yeah. And the chair went, too."

Detective [04:37]: "You throw him on the floor?"

Stephanie Slipher [04:43]: "Yeah... Really hard."

Erin Moriarty points out the influence of the detectives in shaping Melissa's confession:

Erin Moriarty [05:00]: "The detectives are the ones who first say, throw on the floor... trying to get her to come up with a scenario, which they come up with on their own."

This coerced confession is further undermined by revelations about Benjamin's skull fractures.

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Questioning the Evidence: X-Ray Controversy

A significant blow to the prosecution's case emerged years later when clearer X-rays were discovered, showing no evidence of the alleged skull fractures.

Stephanie Slipher elaborates on this critical development:

Stephanie Slipher [05:30]: "If there was a skull fracture, I'd see it in these clear X-rays... a false fact that could have tainted this entire confession."

Moreover, expert Dr. Robert Zimmerman testified that no skull fractures were present in the clear X-rays, casting doubt on the validity of Melissa's confession.

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Anonymous Call and Evidence Manipulation

Melissa's father received an anonymous call hinting at the existence of clearer X-rays not presented during the trial. Despite suspicions that Paul Foreman, the assistant coroner who took the X-rays, might have made the call, he vehemently denied involvement.

Stephanie Slipher [10:33]: "It's interesting the fact that this information came to light through an anonymous call... someone knew that these X-rays had been withheld."

Further forensic analysis revealed that the X-rays available during the trial were manipulated using software tools, suggesting intentional evidence tampering by the state.

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Impact of Cognitive Disabilities on the Trial

Melissa's low IQ and borderline intellectual functioning raise profound concerns about the fairness of her trial. Experts, including Dr. Saul Kasson, suggest that Melissa may not have fully comprehended the interrogation process or the implications of waiving her rights.

Stephanie Slipher [06:49]: "She scored at a 4.8 grade level in sentence comprehension... raises questions as to whether she even knew what was going on."

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Additional Witness: Brenda's Testimony

Investigative efforts led to the discovery of Brenda, a former daycare worker whose testimony could have significantly impacted the case. Brenda witnessed Benjamin falling off a changing table months before his death, an event that was allegedly concealed by the daycare's management.

Stephanie Slipher [15:09]: "She was supposed to appear for a traffic ticket hearing... we caught her totally off guard."

Brenda's account suggests there were underlying issues at the daycare center, including possible prior injuries to Benjamin, which the defense argues could have led to his death.

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Daycare Center's Shuttered Doors and Further Investigations

Benjamin Kingan's death prompted a thorough investigation that led to the closure of the daycare center due to multiple violations and incidents. Another worker reported witnessing a child fall from a changing table, further highlighting systemic problems within the facility.

Stephanie Slipher [18:03]: "Ben's death was a major factor, but there were numerous issues throughout the investigation."

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Current Status and Future Directions

Melissa's legal team has shifted focus from a pending habeas corpus petition to seeking clemency, following a five-year hiatus caused by court backlogs. The future of her case remains uncertain, hinging on the governor's decision and potential further legal actions.

Erin Moriarty [19:21]: "We're waiting to see what the governor's office decides... this probably won't be our last installment."

The emotional toll of the case is profound, affecting both Benjamin's family and Melissa's family. Melissa's parents continue to advocate tirelessly for her release, maintaining hope despite the lengthy legal battles.

Stephanie Slipher [22:37]: "Her father has really dedicated his entire life to trying to free his daughter... it's a sad case all around."

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Emotional and Human Impact

The episode poignantly captures the heartache experienced by both families. Benjamin's parents mourn the loss of their son and grapple with the impact on their surviving twin, while Melissa's parents endure the anguish of seeing their daughter incarcerated unjustly.

Erin Moriarty [22:06]: "They have not lost faith. They believe she will come home... it's hard because we see them... they have left with that heartbreak."

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Conclusion

"Post Mortem | A Day Care Worker Convicted of Murder" offers a comprehensive and emotionally charged examination of Melissa Kusinski's case. Through meticulous reporting and heartfelt interviews, "48 Hours" sheds light on potential miscarriages of justice, the complexities of legal proceedings, and the enduring human spirit amidst adversity. As the case continues to unfold, the episode underscores the importance of persistent and thorough journalism in uncovering the truth.

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Notable Quotes

• Erin Moriarty [02:50]: "She wasn't quite understanding what I was asking... she had been diagnosed with borderline intellectual functioning."

• Stephanie Slipher [05:30]: "If there was a skull fracture, I'd see it in these clear X-rays... a false fact that could have tainted this entire confession."

• Stephanie Slipher [10:33]: "Someone knew that these X-rays had been withheld."

• Erin Moriarty [06:49]: "She may not have fully comprehended the interrogation process or the implications of waiving her rights."

• Stephanie Slipher [15:09]: "We caught her totally off guard."

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Final Thoughts

This episode of "48 Hours" not only scrutinizes the factual elements of Melissa Kusinski's conviction but also delves into the profound emotional and ethical dimensions of the case. It serves as a compelling reminder of the intricate interplay between justice, evidence, and human vulnerability.

Transcript

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[Ann Marie Green]

Welcome back to Postmortem. I'm your host, Ann Marie Green. And today we're looking at the case of Melissa Kusinski. She was a daycare worker who was convicted of murder in 2009 in the death of a 16 month old baby boy, Benjamin Kingan. Now, Melissa remains in prison and she's already served 16 of the 31 year sentence that she received. But she's long insisted that she is innocent. So today Joining me is 48 Hours correspondent Erin Moriarty, who has been reporting on this case for more than a decade, and producer Stephanie Slipher, who also worked on this case with us. Welcome, ladies.

[Erin Moriarty]

We love being here. This is one of those very complicated cases, so an opportunity to talk more about it. I'm in.

[Stephanie Slipher]

Yes. Thank you so much for having us.

[Ann Marie Green]

And Stephanie, I wanna thank you. Cause I know you're feeling a little under the weather and you still made it in for this podcast. So I really, really appreciate it.

[Stephanie Slipher]

Thank you. Yeah, it's an important case, so we definitely wanted to be here to talk about it.

[Ann Marie Green]

And remember, if you haven't listened to this episode of 48 Hours yet, you can go find it. You can find the full audio just below this episode in your podcast. So go take a listen and then come on back so we can talk about this case. All right. So Aaron, 48 Hours first began reporting on Melissa's case in 2014. That's about five years after Benjamin's death and almost three years after Melissa was Actually convicted of his murder. When you first interviewed Melissa, was there anything that stood out to you about her? What were your impressions of her?

[Erin Moriarty]

Well, I'm gonna tell you, Annmarie, that I encountered something with this case I had never encountered before. Right away, I saw issues. I started asking Melissa questions, and I realized she wasn't quite understanding what I was asking. Now, I had known that she had cognitive issues that came up during the trial. And later, more recently, she had actually been diagnosed with borderline intellectual functioning. And so knowing that and seeing her in this interview with me, I kept thinking, oh, my gosh, if she's having trouble understanding me, what went on in that interrogation room? Did she really understand what was at stake, what they were asking, what she needed to tell them? That's what came to my mind after interviewing her.

[Ann Marie Green]

So, in fact, in the hour, we see a portion of this very long, intense police interrogation. Melissa repeatedly claims, and we're talking about more than 60 times, that she did not hurt Benjamin. But then after nine hours, she admits to throwing him forcefully on the floor. So I want to play an extended clip of that interrogation.

[Detective]

We all know what's going to happen when someone gets FR with a baby. They get frustrated. Happens to everybody.

[Stephanie Slipher]

Yeah.

[Detective]

We think in this situation, the other babies are screaming, crying, whatever. You're taking care of him by yourself. You abandoned your hands. He starts acting up, and you get mad at him and you throw him on the floor.

[Stephanie Slipher]

Yeah. And the chair went, too.

[Detective]

You throw him on the floor?

[Stephanie Slipher]

Yeah.

[Detective]

Where did his head hit? On the floor.

[Stephanie Slipher]

Like, right in the center. I know I had hit, like, right on the. Between the tile and the carpet, actually. Okay. Really hard.

[Detective]

Really hard.

[Stephanie Slipher]

Yeah.

[Erin Moriarty]

You know what? I've got to point out here that much of what she says first came from the detectives. The detectives are the ones who first say, throw on the floor. And they say to Melissa, we're hearing from the pathologist that there's a skull fracture. So these detectives are trying, at least it appears, from this interrogation, to get her to come up with a scenario, which they come up with on their own. You could hear them come up with it. That would explain a skull fracture.

[Stephanie Slipher]

But then the problem with that is now we know all these years later that Ben Kingan may not have sustained a skull fracture because these clear X rays were found years after the trial. And the defense hired a pediatric neuroradiologist who looked at those clear X rays and said, there is no skull fracture here. And if a skull fracture existed, I would see it in these clear x Rays. Aaron interviewed a false confession expert, Dr. Saul Kasson, and he points it out to us that if in fact, Ben didn't sustain a skull fracture, that's what he refers to as a false fact that could have tainted this entire confession.

[Erin Moriarty]

When Melissa tried to give other explanations, they won't accept what she's saying. They want her to say what they believe happened. You know, an expert also said that because of her low iq, both Solkassen and other experts who looked at this said that she may not have even understood really what was going on in that room. Starting from the beginning, when they read her rights, when you watch them read her the rights, she just says, sure, yes. Did she understand them? We don't know.

[Stephanie Slipher]

Right. Because recently the defense hired a psychologist and psychiatrist from Yale who evaluated Melissa, and she scored at a 4.8 grade level in sentence comprehension. So that really raises questions as to whether she even knew what was going on or that she had the right to leave or to ask for an attorney.

[Ann Marie Green]

Well, so let me ask you about the attorney. And I once again was hearing Erin's voice in my head. She always says, no matter what, ask for an attorney, innocent or otherwise, always ask for an attorney first. And it seems like, you know, Melissa's parents clearly are very, very invested and were very involved at this point. Do you know if anyone intervened?

[Erin Moriarty]

What we understand is her parents were looking for her. But remember, Melissa was an adult, and Melissa thought she was helping police, or at least that's what she told us. Because I did ask her, why did you talk to them? She said that she loved Ben Kingan and was devastated by his death and she wanted to help.

[Ann Marie Green]

Right. So, Stephanie, you brought up the X rays because that was the other oh, my gosh, kind of component to this hour big part of the case, these X rays that were given to Melissa's original defense attorney, Paul DeLuca, before the start of the trial in 2015, and we're talking about four years after the conviction, Melissa's father says that he got a mysterious anonymous phone call telling him that there were clearer X rays and that these X rays were. Were actually the coroner's office and they were never turned over to the defense. Then in 2016, Dr. Robert Zimmerman, who is a pediatric neuroradiologist, testifies at an evidentiary hearing that those X rays show no skull fracture at all. This is a bombshell revelation. I am curious, has the person who is behind that anonymous phone call, has that person ever been identified?

[Erin Moriarty]

Can I just first tell you why those X rays matter? So much as Stephanie had mentioned, whether there was a skull fracture or not is really, really crucial to this case. And at trial, according to the prosecution, only X rays they had were dark. They handed over to the defense those X rays were taken during autopsy, but that pathologist at trial testified that he couldn't read them, that they were readable. So none of the experts, neither the defense or the, say that they saw clear X rays. And as Stephanie mentioned, we now know that at least one well regarded expert said that if there was a skull fracture it would be on that clear X ray. And they're not seeing it on that X ray. So imagine that that was not at trial and didn't come out until this anonymous phone call.

[Stephanie Slipher]

The assistant coroner, his name's Paul Foreman, he's the one that actually took the X rays and he says that they were clear when he took them. So there's some speculation that maybe he's the one that made the anonymous call. We don't know for sure.

[Ann Marie Green]

So, Aaron, you asked Paul Forman whether or not he was the one. Let's play that sound.

[Erin Moriarty]

Are you the one who made that anonymous phone call?

[Stephanie Slipher]

No, I did not.

[Erin Moriarty]

I mean, will you swear to me you weren't the caller? A lot of people might think I made that call. I mean, obviously somebody let Paul Kalusinski know those X rays existed. The bottom line is clear X rays did exist on the coroner's computer.

[Stephanie Slipher]

I just want to say it's interesting the fact that this information came to light through an anonymous call to begin with because that means somebody knew that these X rays had been withheld. Now, the prosecutors have questioned whether Paul Kaluszynski, Melissa's father, really did receive an anonymous call. They tried to look into his phone records. They said they couldn't find proof of it. But Paul Kalusinski maintains today that he got that anonymous call and that's how all of this came to light.

[Ann Marie Green]

I mean, knowing everything that we know, right, that there were actually clearer X rays, can you feel confident in the verdict from this trial?

[Erin Moriarty]

Well, this is when you're talking about what are the rules of the court system and what your heart says. So the state still stands by the idea that there's a skull fracture, although there are a lot of individuals who, including the pediatric neuroradiologist, Dr. Zimmerman, who says if there was a skull fracture, you'd be able to see it on those X rays. And they, they're not there. So that's still a big important issue.

[Stephanie Slipher]

And you know, frankly, whether there can still be confidence in the verdict from trial is a question for, you know, The Illinois governor, J.B. pritzker to think about as well as the Lake county state's attorney, Eric Reinhart. You know, you'll remember from our broadcast that Reinhart recommended to Melissa's defense attorney to hire these forensic computer experts to get to the bottom of the discrepancy between the X rays and these experts found that the X rays were manipulated using a software tool used to view X rays. And their analysis showed that this manipulation was done on the coroner's office computer. Therefore, they put in a report that they believe the state was responsible for manipulating the X rays. The state meaning either, you know, somebody from the prosecutor's office or somebody from the coroner's office. You had to be in the coroner's office to get access to this, according to those experts. So we know that those experts presented these findings to Eric Reinhart in a meeting. And what has happened since then? We don't know everything that's gone on behind the scenes, but we do know that after that, Eric Reinhardt wrote a letter to the governor's prisoner Review board.

[Erin Moriarty]

Opposing Melissa's clemency, but never dealt with these findings that someone may have manipulated evidence that was not given at trial. He never even addresses that.

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[Ann Marie Green]

Welcome back. So police quickly focused on Melissa Kazinski. But another woman named Brenda came up in police interviews with Melissa's co workers. One of those daycare workers told police that months prior to Benjamin's Death. She heard that he had thrown his head back in a crib while Brenda was putting him down. And then the next day, Brenda quit. The defense could not track her down, but incredibly, 48 Hours did. Your team did. How did you.

[Erin Moriarty]

Stephanie did.

[Ann Marie Green]

Stephanie, how did you find Brenda and how did you convince her to sit down?

[Stephanie Slipher]

Well, it's a crazy story, Annemarie. I think it started with me just going down a rabbit hole one day trying to find this Brenda. And I found a couple of different Brendas with that same last name. I started calling. I think I called the wrong Brenda multiple times. This woman was like, please stop. It's not me. But finally I thought I found the right one, but she was not calling me back. And I decided to run her name through, like, the criminal court case lookup in the county where I knew she lived. And it came up that she was supposed to appear for a traffic ticket hearing. And the traffic ticket hearing happens to be during the week that we were scheduled to go there already. We were going to conduct other interviews on the case. So it was kind of like the stars were aligning. And we decided we're going to just try to go to the traffic ticket hearing. I mean, we were obviously catching her totally off guard there, but she ended up talking to us.

[Erin Moriarty]

I went up to her and I asked her to speak with us, and she did not want to initially, but I said, sit down. We'll just shoot you from behind.

[Stephanie Slipher]

So.

[Erin Moriarty]

So viewers were not able to see her face. We agreed to that, and we also agreed to only call her by her first name, Brenda. But it was helpful. It really was helpful to know that there's still a lot of questions about what happened in that daycare center before Melissa even worked there. I hope people realize it's undisputed that Ben Kingan had some kind of. Just could be a bump in the head or it could be more serious than that, but that's not disputed at all. And it happened in the daycare center. It happened three months before he died. And Melissa was not working there at the time. So that's why that's significant.

[Ann Marie Green]

And I guess we should remind everyone that Brenda, despite what the other coworkers had said, that Brenda was never charged with anything.

[Stephanie Slipher]

Yes, you're absolutely right that she's never been charged with harming Ben accidentally or intentionally. But we felt it was important to talk to her because it was a lingering question in the case. You know, we knew that her name had been brought up in connection to this prior injury that Ben sustained. The Defense has long argued that that prior injury caused his death. So we just wanted to see what we could find out about it, see if Brenda remembered anything about Ben bumping his head in her car.

[Erin Moriarty]

Right, right.

[Ann Marie Green]

And I think it was a good opportunity for her because. Because her name is being bounced around, at least by the coworkers, to say, this is what I remember. And I don't remember anything happening.

[Erin Moriarty]

Yes.

[Stephanie Slipher]

Right.

[Ann Marie Green]

The daycare where Melissa and Brenda worked was actually shut down by state authorities. This is shortly after Benjamin's death. I'm wondering, were there any further investigations? Did anyone look into whether or not there had been other problems at this daycare?

[Stephanie Slipher]

So there was several daycare workers that were interviewed by police in the wake of Ben's death. And as part of our new report, during the research phase, we were going through a lot of those police reports and there was something that stuck out. There was a daycare worker who told police that at one point she witnessed another child, not Ben, fall off a changing table at the daycare and that the child's parents were lied to about the incident and told he fell over while seated on the floor. And the reason that stuck out is because, you know, in interviews with Aaron, Melissa's defense attorney has suggested that the daycare was not honest with Ben's parents about that old injury months before his death.

[Ann Marie Green]

So there's that. Do we know ultimately why it was shut down?

[Stephanie Slipher]

It was largely due to Ben's death there. But there was a lot of issues that were identified at that daycare throughout the investigation.

[Ann Marie Green]

Wow. The Latest hour is 48, fourth installment on Melissa's case. And I know that your team will continue to follow with all kinds of updates. But where are we now in this case? What are the next steps?

[Erin Moriarty]

I do wanna point out why we stay on these stories. If you're gonna properly report on a legal cases like these, these complicated medical issues that involve possibly a coerced confession, that takes time. So if you're going to really report on these issues, you've got to stay on it. And so I know this probably won't be our last installment. We're waiting to see what the governor's office decides, what the governor decides. At this moment, there has been a confidential recommendation made by the prisoner review, but there's no deadline for the governor.

[Stephanie Slipher]

And before Melissa filed for clemency, she had what's called a habeas corpus petition pending in federal court. Now, that was filed in 2019. It sat there with no ruling for five years due to a backlog we think partly due to Covid, possibly. So Melissa's defense attorney decided to withdraw that petition and go after clemency instead. Now, if the clemency does not work out, they'll have to go back and refile in federal court, but she'll have.

[Erin Moriarty]

To start all over again. That breaks my heart. We see this over and over again. It just takes a long time. And I understand why Melissa's defense attorney went this route, but this is a long shot, too.

[Stephanie Slipher]

Yeah.

[Erin Moriarty]

But, Anne Marie, I should point out that at the hearing, and we were all touched by it, Ben's parents, his mother specifically, but his dad was there as well, spoke. They believe he was murdered by Melissa. They spoke very movingly about how hard it's been for them. Ben was a twin. And they mentioned how difficult it was for his surviving twin sister to deal with it. So that is an important issue that the governor will weigh as well and may also play a part in where this case goes. I mean, that's what's so hard. There are the facts that sometimes are hard to get to, and then there are the emotions in these cases. Sometimes justice is somewhere in between.

[Ann Marie Green]

Absolutely. I thought it was really important to show Benjamin's family this was devastating for everyone that loved him. And you also obviously talked to Melissa's parents, and they have worked tirelessly to free their daughter. And they actually have her bedroom exactly the same way that it was. What was it like speaking to them and visiting that bedroom?

[Stephanie Slipher]

Yeah. So Melissa's father has really been consumed by this case. You know, he's really dedicated his entire life to trying to free his daughter. And, you know, Crystal, Melissa's sister, tells us in the episode how her parents had to sell a lot of their belongings. We know that her father had a bait and tackle shop. He sold that years ago in an effort to help Melissa. So it's just a sad case all around.

[Erin Moriarty]

Well, remember, Melissa is their baby, and so they feel they've lost. Even though they can visit her, you know, they've lost a child, too. They feel great pain. They never had a lot of financial resources to begin with, and so they have spent probably close to everything they have. They live very, very modestly. They still have faith, which is astounding to me. They believe she will come home, and that's why they're keeping her room the same. They want her to come back. They have her artwork. She's a wonderful artist. She really is. And so they have her art on the walls. And they have not lost faith. And, you know, that's hard because we see them and then we can leave, but we know they're left with that heartbreak, all of them. You know, the king and family and the Kalyusinski family.

[Ann Marie Green]

Yeah, absolutely. Well, it's a great hour, and I know you guys are gonna stay on this case. I'm curious to see how things continue to develop and unfold as the case, this case moves forward. So, Stephanie, Erin, thank you very much.

[Erin Moriarty]

Thank you. Honestly, thank you for letting us talk about this.

[Stephanie Slipher]

Yeah. Thank you so much.

[Ann Marie Green]

So once again, everyone, if you like this series postmortem, please rate and review 48 hours on Apple Podcasts and follow 48 hours wherever you get your podcast. And you can also listen ad free with the 48 hours plus subscription on Apple Podcasts. Thanks again for listening.