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Kevin would have to be freed. (Hunter says today that even if he had been available, he would have refused to give the test on that occasion because Fox's interrogation had been so lengthy and confrontational.) Which made what happened even more mysterious and frightening. Most important, Kevin says, he trusted the detectives' motives. Since the prelude to Kevin's confession was not videotaped-a law requiring interrogations be videotaped would not go into effect for several more months-the purported promise pits detectives' word against Kevin's. Law Offices of Kathleen T. Zellner, 1901 Butterfield Rd, Suite 650, Downers Grove, IL, 60515 (630) 955-1212 kathleen.zellner@gmail.com. Kevin had been up since 4:30 that morning and had spent much of his day working at a painting job. She was three years old at the time of her death. And why did the door lock when he left the room? As for the murder of Riley, "You did it," the lawsuit quotes Williams as saying. ), Around Wilmington, rumors began to swirl that the Foxes were using money donated to a "Riley fund" for extravagant vacations and luxury purchases. Kevin Fox was eventually released, and the case against him was dismissed. "You're overcome by grief. By now, hundreds of townsfolk were clawing through brush and woods. The collection of friends, family, reporters, and onlookers watched as Kevin Fox, red-eyed and shell-shocked, shuffled into the courtroom. Beyond the walls of the sheriff's building dawn was arriving. "They were putting words in his mouth," she claims. "But she was right.". ', "I started shaking and crying," she says. A "source," his face hidden behind a black blob, his voice disguised, repeated the rumors in Jacobson's "exclusive" interview. After three weeks, however, the lab still had not received Riley's DNA. The timing was less than ideal for the couple. . Melissa knew by their faces that the news was grim. The results did not match, and hence after eight months of being imprisoned, Kevin was finally let go. Reaching into a tiny white basket, she doled red rose petals along the aisle like a pixie spreading fairy dust. The Fox family wanted Kevin's immediate release. After all, the boy could be crucial in helping the parents find their daughter's killer. Ultimately the detectives went with a far less experienced examiner-Richard C. Williams, a Cook County detective who, according to the Fox lawsuit, had conducted only about 90 tests. Info: 773-581-9000. Hundreds more turned out the next day for the funeral, many wearing pink ribbons and ties and butterfly pins. The delay enraged the family. Nonetheless, the family members were deeply hurt by the TV report, as well as by the realization that people in town were gossiping about them. A statement by Kevin himself saying he had been tricked into confessing was posted on a Web site three days after the interrogation. "I finally kicked the door really hard," she says. An Amber alert for Riley Fox had flashed on the scoreboard. They were vacationing in the Ozarks. $271,900. Once the hearing was under way, Glasgow came right to the point: the DNA resulted in an "absolute exclusion of Kevin Fox as a donor," the prosecutor told the judge. At last, eight days later, Zellner stood near a fax machine in Glasgow's office. (Today, Fox's legal team says that the results were at best unreliable.) As often as not, the town's dozen full-time police officers are looked on less as faceless authorities than as neighbors and friends and former high-school classmates. But Kevin knew he was meant to be with Melissa. Beyond that, she says, the details left several obvious questions unanswered. But after the initial testing by the state crime lab, with its inconclusive finding on saliva, the DNA had been sent to the FBI lab in Quantico, Virginia, which had a nine-month backlog. "Everything that [detectives] had was still pointing to this guy," says Will County Sheriff's spokesman Pat Barry. Chad was on the phone to his father, desperately urging Kevin and Melissa to leave. His image hovers ghostlike in the frame. "They thought they had me convinced," she says. Why did Kevin call the nonemergency line instead of 911 the morning of Riley's disappearance? The lab had said the results would arrive around 6 p.m. Fox Born: July 26, 1947 in Joliet, IL Died: April 8, 2021 in New Lenox, IL Age 73 of Wilmington, formerly of Joliet, passed away Thursday, April 8, 2021 at Silver Cross. (Pluth did not return calls or an e-mail message.). Kevin says Swearengen's tone changed abruptly. The Will County Sheriff's Office defends its detectives' handling of the case, including the 14 1/2-hour interrogation that led to Fox's confession. You can tell me," she says. They agreed to tell their story to Chicago, they say, in hopes of calling attention to the injustices they believe they have suffered and to breathe new life into an investigation that, even authorities admit, has not yielded any promising leads for months. That morning in the Will County jail, Zellner watched the interaction between the two brothers closely. "When I reached out to Kevin and said, I believe you,' I think they got pissed." One study suggests that, though rare, it happens. He'd barely had time to grab a bite to eat all day. "But I lost so much there. The Kevin Fox they knew was a wonderful father, devoted to his wife and son and daughter. Kevin was shocked beyond words when the police recovered Rileys body but tried his best to assist in the investigation. While much of his work there involved coverage of the Bush Administration as a member of . He shakes his head one final time. He took his friend and Melissas brother along while leaving the children in the care of Melissas mother. By her account, Swearengen said that he suspected that Kevin had bumped Riley's head, perhaps while opening the bathroom door, and had panicked when it appeared she was dead. Kevin Fox was cleared of the charges when a DNA test excluded him from the assault and killing. And if it became clear that there was no new information they should leave immediately. Rather than providing a running narrative, she says, Kevin often simply answered "yes" or "no" to the detectives' questions. You're offered a less serious offense and the chance to go home to your family and clear things up later in court. The judge ordered that the genetic material be sent right away. . MLS ID #11685368, PRO REAL ESTATE. "I was raised with the idea that authorities were good people and that they should be respected.". His blotchy face shines with tears. Check Background Get Contact . The story seemed preposterous. But the court reduced the damages awarded to Kevin Fox and his wife, Melissa, to $8 million, down from about $12.2 million. Later, Scott Denton, the forensic pathologist who performed the autopsy on Riley, signed an affidavit swearing that he had never talked to Tomczak and did not share his opinion about Riley's being alive when she was placed in the water. "If someone was abusing my child, I would have known about it. Indeed, by late October of 2004 Kevin was the prime suspect. Kevin Fox, who could have faced the death penalty, was released with all charges dropped. Fewer than 20 new single family homes were built last year in the villages of Coal City and Diamond. . 31 Largemouth Ln, Wilmington, IL 60481. . Did he take Riley somewhere?" When the FBI began its investigation in 2009, it was two years after a jury awarded Fox and his then-wife, Melissa Fox, $15.5 million for the Will County Sheriff's Office investigators' false. Bewildered and frightened, Kevin and Melissa prayed that the sudden departure was less ominous than it looked. To accommodate the expected crowds, Riley's viewing, five days after the murder, was held at the town's largest church, St. Rose Catholic. Kevin Fox and his family refused last year to pay $100,000 to Trisha Kiefer, the former girlfriend of Scott Eby, who was convicted of killing 3-year-old Riley Fox. Buoyed over the finding, Zellner secured a court order to have the material tested by a private lab-Bode Technology Group in Virginia. Did he know his car had been spotted passing the Mobil station at four in the morning? 1983 and Illinois law, claiming that Will County detectives Edward Hayes, Michael Guilfoyle, Scott Swearengen, Brad Wachtl, John Ruettiger (who died before the trial), and several other parties who have since settled or been . Greater Philadelphia. Why was no duct tape found? I made you drive me around when you got your license. The resident's face was blocked out, but the message clear: the anonymous source clearly spoke for most everyone in Wilmington, and most everyone in Wilmington believed Kevin Fox was guilty of murdering his daughter. A search for the young girl began. God Bless and stay safe. The Fox 8 Meteorologist gave birth to a son in 2017 alongside her husband Ryan. He also holds a journalism master's and . [1] After Riley's father was initially accused and then cleared by DNA evidence, paroled convict Scott Eby confessed to the crime and was convicted. ." "I don't know," Tyler says. "My niece was kidnapped and murdered from her own home," he said, "-no answers from the cops for months, a deliberate railroading of my brother, my family nearly falls apart because of the sadness and stress, the terrible perception by the public of us defending Kevin. AGE 40s Kevin J Fox Saint Jacob, IL View Full Report Used To Live In Relatives He admitted placing his finger in the vagina of the child. He planned to drive the kids to Chicago in the morning to catch Melissa at the finish line. Riley's pediatrician has said there was never a hint of prior sexual abuse. More than six months later, DCFS reported finding no evidence to support the allegation. Chad and Zellner viewed the change in office with a wary eye. Kevins then-wife, Melissa, was away in Chicago during that weekend, and on June 5, Kevin decided to attend a concert in Chicago. . Pluth asks again. Not fair! All. Before that, she was a television news reporter for ABC and FOX affiliates in North Carolina and Illinois. . Many other people assumed he was guilty. There's a bowling alley and a post office and a small movie house. Suddenly, she says, Ed Hayes "got right in my face. "Riley is in the room with you right now," the lawsuit quotes Guilfoyle as saying. But Bode, insisting on following protocol, said they'd have to wait for the final report. Respect! Christmas passed with Kevin still in jail, then New Year's, and Kevin's 28th birthday on January 4th. Kankakee, IL (60901) Today. It is heartbreaking to see such a devoted and doting father go through the seemingly never-ending and painful ordeal of losing his daughter and his entire family. "They made me sit in a room for 45 minutes," Melissa says, still furious at the memory. Whats even sadder is that the detectives and all parties involved were not interested in finding the real monster who would take such a beautiful innocent child away from their family. Subscribe for free today! Guilfoyle, meanwhile, began banging handcuffs on the table in front of Kevin. But several days later, while reviewing the state crime lab's report, Zellner puzzled over the "inconclusive" finding for the presence of male saliva. Next. Even so, as time passed and word spread that Riley Fox was missing, a search was mounted. Within moments, Swearengen appeared and led her into an adjoining room. The boy shakes his head. And that she did not have. If you are interested to know where Kevin Fox is today, we have got you covered. One detective, Scott Swearengen, played toss with Tyler and often dropped by for coffee at Curt and Dawn's house, where Kevin and Melissa had moved after Riley's murder. When you see your daughter dead, with dirt and mud on her face . The Fox family had called Wilmington home for generations. A picture of the children would make its way into Chad's wedding album, a cherished memento of a perfect day. Glasgow was trim with a blow-dried pompadour of silver. A steady drizzle fell, while inside, mourners wept to a slide-show collage set to the songs "My Girl" and Sarah McLachlan's "Angel." "It's hard," Kevin says. Three miles away, a Wilmington police cruiser returned to Kevin and Melissa's house. (A water usage report from that night suggests that the washing machine did not run.) I don't even know how to describe it. A preliminary report indicated no signs of foreign DNA-with one possible exception: a test for saliva in her vagina came back "inconclusive.". ", Kevin began to pound the walls. Zellner filed the lawsuit on behalf of the Foxes in November 2004, in U.S. District Court in Chicago, claiming a violation of due process, malicious prosecution, false imprisonment, and defamation. "We'll see," the defense attorney shot back. For a long time, the family could not bear to look at photos of Chad's wedding, of Kevin in his tuxedo with the single red rose, of Riley and Tyler sleeping under the table. Yet before dawn Saturday, the former church deacon shot and killed each of his three young sons as they lay sleeping. Kevin Fox and his then-wife Melissa's daughter Riley went missing June 6, 2004. "I felt like a zoo animal.". 66F. The questions quickly shift to what Kevin did or didn't do that night. Police have tested the DNA found in Riley against every male in the Fox family, as well as numerous people in the neighborhood, including several previously convicted sex offenders, with no luck. The complaint accuses them of conducting a sloppy investigation that, from the start, focused almost exclusively on Kevin Fox and ignored any evidence that might have cast doubt on his guilt. "I felt as if I had aged five years since Kevin's arrest," he says. Tomczak added other details: The girl had been placed in the water while she was still "alive and moving and kicking." In early May, U.S. District Judge John W. Darrah rejected those arguments with one exception (a claim against Sheriff Kaupas). (The DNA was subsequently retested at a different laboratory, and the results again excluded Kevin.). After Kevin graduated high school and entered college, Melissa got pregnant with their first child Tyler. Bad blood had existed between the men for years. "We know you killed your daughter," they said, according to the suit. Worse, when Bode finally got the DNA, the family was told testing would take two months, and that the chances of finding male saliva in Riley's DNA were slim because there was so little genetic material to test. He duct-taped his daughter's mouth and bound her wrists together with tape. The machine clicked on at a couple of minutes before the hour. The boy, who is extremely shy with strangers, answers reluctantly, with head shakes and nods. Seventeen years after the murder and abduction of three-year-old Riley Fox from Wilmington, Illinois, a new two-hour "20/20," featuring reporting by Anchor David Muir, has newly obtained recordings and documents that reveal shocking new details about the case.The two-hour program reports on how the mystery unraveled, including how authorities mistakenly zeroed in on Riley's father, Kevin . And he realized he needed to take responsibility for his child. "When I saw the pictures . The tactics that produced Kevin Fox's statement, he says, are a case study in how to get someone to railroad himself. At a hearing on January 28, 2005, Will County prosecutors turned over several police reports to Zellner and her defense team. She adored her father. Now, just a handful of minutes after giving his statement, he sat behind a Plexiglas window with a phone in his hand, shaking his head and crying as his older brother, Chad, and Kathleen Zellner watched helplessly and offered what comfort they could. Almost immediately after his arrest, Kevin and Melissa brought this multi-count, multi-party lawsuit under 42 U.S.C. He began having nightmares in which he would see Kevin strapped to a gurney, about to receive a lethal injection. "In a way, though, it's hard," Kevin admits. Hope they find some peace. Will County detectives spent considerable time and effort establishing that other local owners of dark Ford Escapes were not in sight of the video camera that morning. Kaupas acknowledged that the detectives had had no substantial new evidence when they called in Kevin. However, there are no details about his exact age and birth year. ", Today, Zellner says that what impressed her was Kevin's immediate denial of the crime. Another resident told the paper, "It's what a lot of people suspected.". . Unable to sleep at first, he watched some TV, snacked, then went to bed around 2:30, turning on a fan against the hot night in the un-air-conditioned house. That Saturday night, she stayed at a campsite with friends in Skokie. As Glasgow spoke, Kevin began to weep. "Your family doesn't love you," he shouted. "He said, I can't find Riley.' She'd be a great big sister.". Melissa was seen getting a fancy haircut at the mall. Shameful how Politics, selfishness, and greed were more important. "We felt we could never get an answer on the progress of the case," Kevin says. He would eventually become such a fixture that the family would refer to him simply as "Scott.". "Say it was an accident. 77/48F. Pat Barry insists that Tomczak knew nothing of the meeting, and that, no matter how questionable the timing appears, politics had nothing to do with it. "I feel sad for the whole community that we were betrayed." "Throughout my life, I've always followed in your footsteps," Kevin said. Melissa, meanwhile, was led into a conference room where, Swearengen told her, detective Guilfoyle would be along shortly to ask a few questions. Are you kidding me?" Still, he says, "we had waited so long. (Through his attorney, Gerald Haberkorn, Hayes denied any allegations of impropriety. he recalls saying. "Where did he take Riley? "That's failed. "We were still young, so it was scary," Kevin says. He then went home, cried for a while, and went to sleep. the cops, the judge, the seeming confidence of the state's attorney, and, most of all, the confession. After three hours alone, Melissa grew furious. According to the summary, Kevin thought of driving to his mother-in-law's house, or perhaps taking Riley to the hospital. (Today, Jacobson tells Chicago that she later "felt awful" and regretted the report. Trending. "I kept saying, What's going on? ", They were greeted at the door by Swearengen. Kevin again refused. ", The people of Wilmington seemed to divide into two camps. Meanwhile, the members of Kevin's family hold firm to their unwavering belief in the man who they say became, like his murdered daughter, a victim. At 8:32 a.m., detectives turned on the video camera and began to tape Kevin's statement. On the tape, her manner suggests a strict schoolteacher. Now he was free. Tickets to see Kevin James perform in Joliet at the Rialto Square Theatre go on sale this Friday at 10 a.m. . The Tribune reported last year that while the FBI had paid $10,000 to Trisha Kiefer, Eby's former girlfriend, for her help in solving one of the Chicago region's most notorious crimes, the Fox . Three-year-old Riley Fox of Wilmington, Illinois, was kidnapped from her home early in the morning on June 6, 2004, as her brother and father slept nearby. Pluth starts off with basic questions about where Tyler lives and what kind of sports he likes. Tomczak, now in private practice in Joliet, was added in July 2005. According to court documents about the case, Kevin Fox's wife Melissa was in Chicago for a two-day breast cancer research walk and he had gone out on the evening of June 5, 2004, with his. The interrogation and arrest of Fox, the suit alleges, was part of a last-ditch effort by Tomczak to win re-election. But because so many people had called with similar observations about the Foxes' spending habits, the station decided it couldn't ignore the rumors.). "We think you know more than you're telling us," Kevin says the detective told him. As a result, Fox spent nearly eight months in prison on a capital murder charge before being exonerated by DNA evidence. Once, he nods. she thought. In late June, Kevin and Melissa consented to letting the authorities question Tyler. When Kevin returned to his home in Wilmington, Illinois, around 1am on June 6, 2004, after picking up his children from their grandmother's home, he was exhausted. The aftershocks of his arrest, however, reverberate in the form of a lawsuit he and his wife have brought against Will County authorities. Again, this was the first he'd heard of it. For the briefest of moments, "they were making me question myself. Melissa, who was also told that Kevin had failed, demanded to see the results. "I'm not saying he shouldn't have been . Judge James Carroll Fox, 90, of Wilmington, NC, passed away March 23 rd at home surrounded by his loving wife and family. By the end he has answered "no" approximately 178 times. Find out where to go, what to eat, where to live, and more. "Todd, what the hell! "I didn't do it, Melissa," he answered back, looking her in the eye. The murder of his daughter remains unsolved. After Champagne and pizza at Zellner's office, Kevin, Melissa, and Tyler spent the evening at Chad and Stacy's apartment in Chicago, safely away from the media. It was one of the first times she had spent the night away from the kids, but for her, it was a worthy venture-a way to honor her late father. ", The town of Wilmington, struggling to heal, tends a small garden that honors Riley's memory. The girl appeared "lifeless," and Kevin thought she was dead. "We felt like we were finally going to find out what had happened," Kevin says. The original detectives on the murder have been reassigned, the former state's attorney is now in private practice, and the little town where it occurred has suffered a loss of innocence, as well as wounds to its pride that may take years to heal. By Guilfoyle's account, the boy also said things that seem to contradict known facts-that Kevin had dressed Riley in pajamas, for instance. What neither Zellner nor Glasgow apparently realized was that the FBI had not tested Riley's DNA. On October 25th, a little more than a week before the election, the four detectives working on the Riley Fox murder-Scott Swearengen, John Ruettiger, Michael Guilfoyle, and Edward Hayes-convened at the Will County sheriff's office in Joliet to discuss bringing Kevin in for an interrogation. "I swear to God I didn't do it." Months. Wilmington, Illinois - June 6, 2004 On the weekend of June 6, 2004, Melissa Fox and a group of friends participated in the AVON Walk for Breast Cancer in Chicago, where she stayed for two nights. He was cordial, they recall, but he also insisted that the two be separated. After the bailiff called the court to order, Tomczak laid out what he called cold, hard evidence of the father's guilt, including a confession. On 27 October 2004, investigators from the Will County, Illinois Sheriff's Office coerced a false confession from Kevin Fox to the sexual molestation and murder of his four-year-old daughter following a polygraph "test" administered by polygrapher Richard Williams. . The couple had gone gambling in Las Vegas. The enormity of what had just happened, what he had just done, had not yet sunk in. Seventeen years ago, Zellner's client, Kevin Fox, was wrongly arrested and charged with killing his little girl. The Nightmare: A Look at the Riley Fox Case, 2020 Chicago magazine / A Chicago Tribune Media Group website, Photograph: Courtesy of Chad and Stacy Fox. It was now after six in the morning. (Tomczak later accused Kevin of lying during his confession-concocting the story of the bathroom door to hide his guilt in molesting Riley.) Two brothers closely District judge John W. Darrah rejected those arguments with one exception ( a water report... 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