The defense strategy in a local criminal trial illustrates shows some of the challenges in determining when a brain injury occurred. A day care worker was charged with first-degree murder and aggravated battery of a 16-month old child at the Minee Subee day care center in Lincolnshire.

Even though she admitted to throwing the toddler to the floor, Melissa Calusinski's defense lawyer argued that the child had had a previous undiagnosed brain injury and that his client's actions did not cause the death. The defense also argued that Calusinski's confession was obtained under duress after many hours of interrogation and without an attorney present. Moreover, Calusinski was known to have a low IQ, said her lawyers,

Medical testimony at the trial was contradictory. Apparently the child had a habit of throwing himself back and hitting his head during tantrums, which, according to some experts and the defense, could have caused a previously undiagnosed brain injury.

Other legal issues associated with the case are pending. Judith Katz, owner of the now-closed day care center, faces an obstruction of justice charge because she allegedly instructed another member of the staff to mislead police about the events leading up to the death. The day care center may have been in violation of state laws that require a staff person to be in the room at all times when children are present.

Caluskinski could be sentenced to life in prison.

Source: Chicago Tribune, "Day care worker guilty of murder in toddler's death", by Ruth Fuller, Nov. 17, 2011.