Hearing To Determine If Melissa Calusinki Gets New Trial

CHICAGO (CBS) -- There is a major development in the case of a north suburban daycare worker convicted of killing a child in her care.

Melissa Calusinski is serving a 31-year sentence for the death of a toddler.

Last month, a judge ruled new testimony could be heard in the case.

On Tuesday, attorneys said Calusinski will be brought to Lake County next month to attend the hearing to see if there's enough evidence to grant a new trial.

Calusinski's attorneys will present new x-ray evidence to show 16-month old Benjamin Kingan suffered from a pre-existing injury when he died.

Earlier this year, the Lake County coroner changed the cause of death from homicide to "undetermined" based on the x-rays.