Daycare teacher kills and than dies

Owner of day care where toddler killed dies day before trial

The owner of a day care center where a boy was murdered in 2009 died Sunday, the day before she was to stand trial on obstruction of justice charges today.

Judith Katz's attorney, Jack Carriglio, confirmed her death. He would not elaborate how Katz died, though he had said in court that she had been ill with cancer. She was 67.

Katz, in a wheelchair and with a nurse on hand, had just appeared in a Lake County courtroom on Friday for a final pretrial appearance. Her lawyer lost an 11th-hour bid to have the charges against her dismissed.

Katz, who lived in Arlington Heights, was the owner of the former Minee Subee in the Park day care center in Lincolnshire when a toddler from Deerfield suffered a skull fracture there and died. Katz was accused of lying when she allegedly told parents and employees that two staff members were in the room when the boy, Benjamin Kingan, was injured. Authorities said there was only one staff member present, in violation of state rules.

Melissa Calusinski, a former worker at the day care center, was convicted last year 2011 of first-degree murder in Benjamin’s death and was sentenced to 31 years in prison. Authorities said she confessed to slamming the child’s head to the ground in frustration.

Carriglio had tried to have the charges dismissed against Katz, arguing in court Friday that she did not commit a crime because she did not “furnish false information to police.”

“What it comes down to is the word ‘furnishing,’ ” he said. “It’s not a crime to think of false information. It must be furnished.”

In fact, the original indictment against Katz did accuse her of “furnishing false information to the police,” who were investigating the Jan. 14, 2009, death of Benjamin.

But last month, the prosecution argued and won a motion to amend the indictment, asking that the words “to the police” be stricken.

 Assistant Lake County State’s Attorney Christen Bishop said the state did not have to specify whom Katz was addressing in order to prove she obstructed justice.

“(Katz) had one of her employees provide false information to police,” Bishop said. “She stated that there were two persons in the room where Benjamin Kingan’s death occurred.”

Judge John Phillips ruled with prosecutors, saying he didn’t believe the original wording of the indictment misled the grand jury.

Had Katz been convicted, she could have faced up to three years in prison