Lincolnshire day care center owner opts for bench trial

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Judith Katz

Updated: March 23, 2012 8:13AM

A jury will not hear evidence in the case of the woman accused of instructing her Lincolnshire day care center employees to lie to police during their investigation into the death of a 16-month-old Deerfield boy.

Judith Katz of Arlington Heights waived her rights to a jury trial on obstruction of justice charges Tuesday during a pretrial hearing before Lake County Circuit Court Judge. Instead, Katz will get a bench trial before Phillips scheduled on March 12.

Katz faces up to three years in prison and fines up to $25,000 if she is convicted. She remains free on bond.

Katz owned the Lincolnshire Minee Subee day care center when Deerfield toddler Benjamin Kingan was killed in January 2009.

Police said Katz told her employees to lie about their whereabouts at the time of the boy’s death.

At the time of his death, there was only one employee left in a room with Benjamin and seven other children, according to testimony in court.

That woman, Melissa Calusinski, was charged and convicted of the boy’s murder.

Calusinski is due for sentencing Thursday, Feb. 23. She faces up to life in prison for her first-degree murder conviction. A jury convicted Calusinski Nov. 16 after less than seven hours of deliberation.