Post Mortem | Unraveling the Case Against Melissa

Summary

Post Mortem | Unraveling the Case Against Melissa Kyusinski

Podcast: 48 Hours
Host: Ann Marie Green
Release Date: January 21, 2025

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Introduction

In the Post Mortem episode titled "Unraveling the Case Against Melissa Kyusinski," CBS News' 48 Hours delves deep into the controversial case of Melissa Kyusinski, a daycare worker convicted in 2009 for the murder of 16-month-old Benjamin Kingan. Host Ann Marie Green is joined by correspondent Erin Moriarty and producer Stephanie Slifer to explore the complexities surrounding Melissa's conviction, the evidence presented, and the ongoing quest for justice.

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Background of the Case

Melissa Kyusinski was sentenced to 31 years in prison for the murder of Benjamin Kingan, a baby under her care at a daycare center. Despite serving 16 years, Melissa has steadfastly maintained her innocence. The case has garnered significant attention, leading 48 Hours to investigate potential miscarriages of justice.

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Interrogation and Confession

A pivotal moment in the case revolves around Melissa's lengthy police interrogation. Initially, Melissa denied harming Benjamin over 60 times. However, after nine grueling hours, she confessed to forcefully throwing him on the floor.

Key Insights:

• Stephanie Slifer highlights Melissa's cognitive challenges, noting, “[...] she wasn't quite understanding what I was asking... she had borderline intellectual functioning” (03:21).

• Ann Marie Green underscores the controversy surrounding the confession: “But 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” (05:07).

This revelation casts doubt on the validity of Melissa's confession, suggesting it might have been coerced or based on false premises.

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X-ray Evidence and Possible Manipulation

A critical aspect of the case is the X-ray evidence presented during the trial. Initially, the prosecution cited dark X-rays indicating a skull fracture, which Melissa allegedly caused. However, years later, clear X-rays emerged, analyzed by Dr. Robert Zimmerman, a pediatric neuroradiologist, who confirmed the absence of any skull fractures.

Notable Developments:

• Stephanie Slifer explains the significance: “[...] if there was a skull fracture, I'd see it in these clear X-rays. And they're not there” (09:27).

• The authenticity of the X-rays came into question when an anonymous call informed Melissa's father about their existence. The assistant coroner, Paul Foreman, denied making the call, leaving the source of the information unclear (09:48).

These discrepancies suggest possible manipulation of evidence by individuals within the coroner's office, potentially undermining the trial's integrity.

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Daycare Center Issues and Additional Evidence

Further scrutiny of the daycare center revealed additional troubling information. Prior to Benjamin's death, another child sustained injuries under similar circumstances, and there were allegations that the daycare staff deceived parents about such incidents.

Highlights:

• Ann Marie Green mentions, “there was a lot of issues that were identified at that daycare throughout the investigation” (19:06).

• Stephanie Slifer adds, “it's undisputed that Ben Kingan had some kind of injury. [...] And Melissa was not working there at the time” (17:08).

These findings raise questions about the daycare's overall safety and honesty, potentially implicating systemic issues beyond Melissa's actions.

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Current Status and Next Steps

Melissa Kyusinski has applied for clemency, awaiting a decision from Illinois Governor J.B. Pritzker. This comes after her defense withdrew a habeas corpus petition pending in federal court due to prolonged delays, likely exacerbated by the COVID-19 pandemic.

Current Developments:

• Stephanie Slifer comments on the slow legal process: “this is a long shot, too” (20:48).

• The Prisoner Review Board has made a confidential recommendation opposing Melissa's clemency, yet the Governor's decision remains pending, keeping the future of the case uncertain (20:10).

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Impact on Families

The case's emotional toll is profound, affecting both Benjamin Kingan's family and Melissa's family. Benjamin's parents remain convinced of Melissa's guilt, while Melissa's parents have tirelessly fought for her exoneration.

Emotional Perspectives:

• Stephanie Slifer shares, “they believe she will come home, and that's why they're keeping her room the same” (22:45).

• Ann Marie Green describes the family's sacrifices: “her parents had to sell a lot of their belongings... she has her artwork on the walls” (22:14).

This dual anguish highlights the human side of the legal battle, emphasizing the widespread suffering resulting from the unresolved questions in the case.

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Conclusion

The episode "Unraveling the Case Against Melissa Kyusinski" presents a compelling examination of potential flaws in the legal process, from coerced confessions to manipulated evidence. As 48 Hours continues to follow Melissa's case, listeners are left to ponder the complexities of justice and the profound impacts of its potential failures.

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Notable Quotes:

• Stephanie Slifer: “She wasn't quite understanding what I was asking... she kept thinking, oh my gosh, if she's having trouble understanding me, what went on in that interrogation room?” (03:21)

• Ann Marie Green: “If she even knew what was going on or that she had the right to leave or to ask for an attorney.” (06:26)

• Stephanie Slifer: “They want her to say what they believe happened.” (05:49)

• Ann Marie Green: “That manipulation was done on the coroner's office computer.” (11:21)

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This summary is designed to provide an insightful overview of the episode for those who haven't listened, capturing the key discussions, insights, and ongoing developments in Melissa Kyusinski's case.

Transcript

[Ann Marie Green]

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[Erin Moriarty]

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[Stephanie Slifer]

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[Erin Moriarty]

Welcome back to Postmortem. I'm your host, Ann Marie Green. And today we're looking at the case of Melissa Kyusinski. 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 Slifer, who also worked on this case with us. Welcome, ladies.

[Stephanie Slifer]

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

[Ann Marie Green]

Yes. Thank you so much for having us.

[Erin Moriarty]

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.

[Ann Marie Green]

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

[Erin Moriarty]

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 Erin, 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?

[Stephanie Slifer]

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.

[Erin Moriarty]

So, in fact, in the hour, we see a portion of this very long, intense police interrogation. Melissa repeated 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.

[Ann Marie Green]

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

[Stephanie Slifer]

Yeah.

[Ann Marie Green]

We think in this situation, the other babies are screaming, crying, whatever. You're taking care of them by yourself. You abandoned your hands. He starts acting up, and you get mad at him and you throw them on the floor. Yeah. And terrible, too. You throw him on the floor? Yeah. Where did his head hit? On the floor, like, right in the center. I know I had hit, like, right on the. Between the tile and the carpet, actually. Okay. Really hard. Really hard. Yeah.

[Stephanie Slifer]

You know what? I've gotta 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.

[Ann Marie Green]

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 Kassin, and he pointed 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.

[Stephanie Slifer]

When Melissa tried to give other explanations, Nate 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 Sol Kassen 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.

[Ann Marie Green]

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.

[Erin Moriarty]

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?

[Stephanie Slifer]

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.

[Erin Moriarty]

Right. 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 actually at 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?

[Stephanie Slifer]

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.

[Ann Marie Green]

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.

[Erin Moriarty]

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

[Stephanie Slifer]

Are you the one who made that anonymous phone call?

[Ann Marie Green]

No, I did not.

[Stephanie Slifer]

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.

[Ann Marie Green]

I just wanna 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 Kaluzinski maintains today that he got that anonymous call and that's how all of this came to light.

[Erin Moriarty]

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?

[Stephanie Slifer]

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.

[Ann Marie Green]

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 Reinhart wrote a letter to the governor's prisoner review board.

[Stephanie Slifer]

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.

[Ann Marie Green]

Harvard is the oldest and richest university in America. But when a social media fueled fight over Harvard and its new president broke out last fall, that was no protection. Claudine Gay is now gone. We've exposed the DEI regime and there's much more to come. This is the Harvard Plan, a special series from the Boston Globe and WNYC's on the Media. To listen, subscribe to OnTheMedia wherever you get your podcasts.

[Stephanie Slifer]

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[Erin Moriarty]

Welcome back. So police quickly focused on Melissa Kyczynski. 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.

[Stephanie Slifer]

Stephanie did.

[Erin Moriarty]

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

[Ann Marie Green]

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. So it was kind of like the stars were aligning. And we decided we're gonna 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.

[Stephanie Slifer]

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. 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. 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 injury. 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.

[Erin Moriarty]

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

[Ann Marie Green]

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.

[Stephanie Slifer]

Right, right.

[Erin Moriarty]

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

[Ann Marie Green]

Yes, right.

[Erin Moriarty]

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?

[Ann Marie Green]

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.

[Erin Moriarty]

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

[Ann Marie Green]

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.

[Erin Moriarty]

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?

[Stephanie Slifer]

I do want to point out why we stay on these stories. If you're going to properly report on legal cases like this, 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 Board, but there's no deadline for the governor.

[Ann Marie Green]

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.

[Stephanie Slifer]

To start all over again. That breaks my heart.

[Erin Moriarty]

Right.

[Stephanie Slifer]

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.

[Ann Marie Green]

Yeah.

[Stephanie Slifer]

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. 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.

[Erin Moriarty]

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?

[Ann Marie Green]

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 sol that years ago in an effort to help Melissa. So it's just a sad case all around.

[Stephanie Slifer]

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 artwork on the walls. And they have not lost faith. And, you know, that's. 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 Kaluszynski family.

[Erin Moriarty]

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

[Stephanie Slifer]

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

[Ann Marie Green]

Yeah, thank you so much.

[Erin Moriarty]

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.

[Ann Marie Green]

If you like this podcast, you can listen ad free right now by joining Wondery and the Wondery app. Before you go, tell us about yourself by filling out a quick [e-mail] survey.

[Stephanie Slifer]

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[Ann Marie Green]

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[Ann Marie Green]

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[Stephanie Slifer]

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[Erin Moriarty]

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[Ann Marie Green]

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[Stephanie Slifer]

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