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

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.

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.

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.

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.

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.

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.

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."

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.

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."

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."

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."

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.

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."

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.