Already, the shocking news had been splashed across the front of every local newspaper-Fox was being charged with an unspeakable crime, murdering his three-year-old daughter. Info: 773-581-9000. But when one of Zellner's assistants tried to do so with a 40-pound bag-the approximate weight of Riley at the time of the murder-the bag was blocked by debris. They live in Naperville now, a place they feel has given them a fresh start. (A spokesman said Glasgow wouldn't comment for this story because of the pending litigation.). Northwestern University School of Law's Center on Wrongful Convictions reports that 60 percent of the 42 wrongful murder convictions since 1970 in Illinois have rested in whole or in part on false confessions. "For some reason," she says, "I had this terrible feeling that I was never going to see her again.". He then went home, cried for a while, and went to sleep. They were vacationing in the Ozarks. The sheriff's summary report portrays Melissa as expressing doubts about her husband's innocence. Thus, he contacted the police on the non-emergency phone line (an action that would later raise suspicion against him). "That night she asked me to her homecoming," Kevin recalls with a laugh. The defendants have sought to have the claim dismissed, arguing among other things that prosecutors are immune from such claims. 2 bds; 1 ba; 1,000 sqft - Active. Later that same afternoon, detective Michael Guilfoyle took Tyler to the Fox family's home. On a recent April evening, however, their attentions are devoted to gentler undertakings: their new baby girl, Teagan, who was born on March 8th. In the weeks that followed, Melissa and Kevin found the investigators to be supportive, even friendly. Even though the court paid Kevin and his wife $15.5 million (later reduced to $8.5 million) as compensation for the ordeal, Kevin said he could never recover his reputation in the town. Nine days later, Chad and Stacy packed more than 100 T-shirts bearing the words "Test Before Arrest" and "376 Days of a Killer on the Loose" in bold black lettering into a van that Zellner had rented for the occasion. He called Wilmington police, but not wanting to raise an alarm prematurely, he would later explain, he decided to call the nonemergency line-a choice that was later questioned. 442-H New York Standard Operating Procedures New York Fair Housing Notice TREC: . 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. About a mile away as the crow flies, a Wilmington mother and daughter had decided to search Forsythe Woods, a sprawling forest preserve with dense growth cut by a tributary of the Kankakee River called Forked Creek. The Will County sheriff seems content to blame former Will County state's attorney Jeff Tomczak for any missteps. Suddenly, she says, Ed Hayes "got right in my face. High 24F. And, most telling, how could detectives ignore that Kevin had not provided a single piece of information that only the killer would have known, such as the whereabouts of Riley's capri pants? 2023 Cinemaholic Inc. All rights reserved. The Fox family expressed staunch support of Kevin. And he realized he needed to take responsibility for his child. 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. Why can't I see my husband!'" I made you drive me around when you got your license. 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. 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. Beyond that, she says, the details left several obvious questions unanswered. There, the couple gave birth to another daughter, Teagan, in 2006. She phoned a forensic scientist, who explained what that meant: the state crime lab simply didn't have the sophisticated capabilities that would be needed to test properly for the substance. (Lyons did not return calls seeking comment.). Previously, he was a national news correspondent based in Washington, D.C. for NBC News from 2004-2008. Kevin Corke is an American journalist and is presently a White House Correspondents' Association for Fox News in Washington D.C. Corke has covered four U.S. administrations (Bush, Obama, Trump, Biden). You're told there is overwhelming evidence against you, including a failed polygraph. Melissa Fox is the mother of Riley fox and the then-wife of Kevin Fox. Authorities initially charged the young girl's father, Kevin Fox, with the murder, based largely on a videotape confession that he'd killed Riley. Protocols should be revised and people in positions of authority need to be accoutable for their actions! The detective shook his head. The interrogation and arrest of Fox, the suit alleges, was part of a last-ditch effort by Tomczak to win re-election. The order, it would later be revealed, had come from detective Ed Hayes. "Spend it with my wife and son," he said, something he had dreamed about "every day, every single day" since the ordeal had begun. Now he was free. 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 family will receive friends for a memorial visitation on Saturday, March 4, 2023 at Baskerville Funeral Home, 700 E. Kahler Rd., in Wilmington from 12 p.m. until the time of memorial service at 4 p.m. Roger will be laid to rest at Mt. Seventeen years ago, Zellner's client, Kevin Fox, was wrongly arrested and charged with killing his little girl. According to that report, Tyler became much more specific and descriptive. Trying not to panic, Kevin searched the house. But when she looked for confirmation from two detectives who stood in the room-including Todd Lyons, a burly, bald Wilmington investigator to whom Kevin had delivered papers when he was a boy-they "just stared at us," she says. In preparation for the possible interrogation, the detectives contacted several polygraph experts, including Fred Hunter, a Hinsdale-based examiner with more than 30,000 tests under his belt. Kevin Fox was cleared of the charges when a DNA test excluded him from the assault and killing. He admitted placing her on the bank of the river, under the water. "We felt we could never get an answer on the progress of the case," Kevin says. A father of two, he made a failed run for Congress in 1994, but in the 2000 race for Will County state's attorney, the Republican Tomczak beat the incumbent Democrat, James Glasgow. 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. (Williams refused to comment because of the pending litigation. 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. Kevin and Melissa have visited it many times, as they have Riley's grave in Wilmington's Oakwood Cemetery. What more can they possibly want to know? Riley Fox was sexually assaulted, bound with duct tape, and drowned in a creek in Wilmington, Illinois. Rather than providing a running narrative, she says, Kevin often simply answered "yes" or "no" to the detectives' questions. A steady drizzle fell, while inside, mourners wept to a slide-show collage set to the songs "My Girl" and Sarah McLachlan's "Angel." We found 59 records for Kevin Fox in Wilmington, IL. Chicago, IL: (Mar-21-08) The family of 3-year-old Riley Fox brought a wrongful death lawsuit against the Will County Sheriff's Department, after the death of the girl in 2004. By Guilfoyle's account, the boy also said things that seem to contradict known facts-that Kevin had dressed Riley in pajamas, for instance. The trip to the Ozarks had been for another friend's wedding. "But she was right.". Like their father before them, Kevin and his older brother, Chad, were born here, rode their bikes here, fished here and graduated from the town's only high school. The results did not match, and hence after eight months of being imprisoned, Kevin was finally let go. Shameful how Politics, selfishness, and greed were more important. . This gruesome detail helped form the basis for the death penalty charge. Just before he was booked and taken to jail, Kevin says, the last thing he heard was the sound of the detectives in the hallway, laughing and congratulating themselves. Kevin and Melissa met while in high school together, and they quickly took to each other and fell in love. 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. After three hours alone, Melissa grew furious. Kaupas acknowledged that the detectives had had no substantial new evidence when they called in Kevin. That night, Kevin drove to Chicago, too, to attend a concert with a friend and one of Melissa's brothers. He quit school and the two moved in together. While his wife was in Chicago, Kevin, then 27, and the kids spent Saturday afternoon making posters in anticipation of celebrating Melissa's walk at the finish line, where they planned to meet her the next 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 . An Amber alert for Riley Fox had flashed on the scoreboard. Check Background Get Contact . You're offered a less serious offense and the chance to go home to your family and clear things up later in court. Trending. "I don't know," Tyler says. "She didn't make it. Not fair! On October 21st, his father, Donald Tomczak, was arrested on a federal indictment in the Hired Truck scandal in Chicago. MLS ID #11685368, PRO REAL ESTATE. For the first time publicly, Kevin and his wife, Melissa, talk about their ordeal, an account of pain, mystery, and undying faith, wrapped around an enduring tragedy. "The state's attorney's office at that point needs to get involved and say, Wait a minute. He then ran next door, where Riley's best friend lived. WILMINGTONRoger J. Johnson, 62, of Wilmington, passed away Sunday, Feb. 26, 2023 at his home. He was not a match, Bode reported. 28, 2008. But several days later, while reviewing the state crime lab's report, Zellner puzzled over the "inconclusive" finding for the presence of male saliva. Many other people assumed he was guilty. Subscribe to one or more of our free e-mail newsletters to get instant updates on local news, events, and opportunities in Chicago. (A water usage report from that night suggests that the washing machine did not run.) (Will County investigators refuse comment on the quality of the videotape. A Wilmington crime scene investigator arrived within minutes. Kevin was shocked beyond words when the police recovered Rileys body but tried his best to assist in the investigation. What neither Zellner nor Glasgow apparently realized was that the FBI had not tested Riley's DNA. A little before eight in the morning, however, Tyler came into Kevin's room. The ruling elite is now past retardation for many centuries. As if the image wasn't terrible enough, he said, she had been "able to remove the duct tape from her wrists prior to succumbing to drowning in the water.". "Everything's going to be OK," she told him. I hated that, but I had no idea what to believe. "They did everything together," recalls Curt Fox, Kevin's dad. ", The town of Wilmington, struggling to heal, tends a small garden that honors Riley's memory. Powered by WordPress.com VIP. Par for the course. she thought. On October 11th, a report by Amy Jacobson, the tall blond reporter from Chicago's NBC 5, gave voice to the whispers. Kevin says Swearengen's tone changed abruptly. Police would reveal nothing. When pressed, however, the boy seemed less sure. The media played a role in this suspicion. Zellner also re-examined the bathroom door that had supposedly hit Riley. "We need you to come to the police station," an officer told them. With bond set at $25 million, the family decided, on Zellner's advice, not to try to get Kevin out, but to put their money toward clearing his name. Select the best result to find their address, phone number, relatives, and public records. Maybe the boy thought Kevin had left when he stepped outside for a quick smoke. What about DNA testing? Which made what happened even more mysterious and frightening. Tomczak added other details: The girl had been placed in the water while she was still "alive and moving and kicking." Riley's pediatrician has said there was never a hint of prior sexual abuse. Find out where to go, what to eat, where to live, and more. With a huge smile on her face, she headed straight to her daddy, who scooped her up into his arms. He duct-taped his daughter's mouth and bound her wrists together with tape. People wonder: who would do it? As for the murder of Riley, "You did it," the lawsuit quotes Williams as saying. "There was nothing to eliminate him." We thought, This is the night. ", At one point, according to the lawsuit, Hayes leaned close and told Kevin that he "knew people" at the jail, "and would make sure' that Kevin was fucked' every day unless he told them what they wanted to hear." He had been undergoing questioning for nearly 12 hours. We wanted to know if they had found out what had happened. How do they sleep at night? ", Kevin says that Swearengen suggested the same "accident" scenario that he had proposed to Melissa nearly nine hours earlier. "I knew he was innocent, and I knew my family was in for the fight of its life," he says. . Not fair! Kevin had been up since 4:30 that morning and had spent much of his day working at a painting job. I told him, Don't you talk like that about my husband and family.'" Find a suspect, any suspect, abd mail him/ her. Within moments, Swearengen appeared and led her into an adjoining room. 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. "You don't have much time," Hayes warned. A videotape captured the session, conducted by a forensic interviewer named Mary Jane Pluth, who works for the Will County Children's Advocacy Center. But if he felt out of place as the ceremony began, his discomfort melted at the sight of his two children now making their way down the aisle. Also added were the polygraph examiner, Richard C. Williams, Pluth, Kaupas, and a jail guard. . They love to see innocent children tortured and defiled for their indigent minds because it elevates an idiot. This was our daughter, our little girl. Law Offices of Kathleen T. Zellner, 1901 Butterfield Rd, Suite 650, Downers Grove, IL, 60515 (630) 955-1212 kathleen.zellner@gmail.com. She initially hired Ernie Rizzo, the big, blustery, and controversial private eye. Bewildered and frightened, Kevin and Melissa prayed that the sudden departure was less ominous than it looked. Why was no blood or other physical evidence found in the Ford Escape? ", Today, in recalling this part of the interrogation, Kevin weeps. Nonetheless, since Kevin's release, a fresh group of investigators has taken over the case, though nothing promising has turned up. On this night, however, leafing through a picture book, with Kevin holding Teagan, and Tyler peering over Melissa's shoulder, they can smile when they reach the photograph of the happy family they once were, when the biggest worries were a best man's toast and a little girl wanting to stand beside her daddy. Panicking, he scooped her up and carried her to his car, retrieving some duct tape from the back. Tyler, the six-year-old spitting image of his dad, bore the ring; beside him toddled Tyler's three-year-old sister, Riley. Zellner says she also was struck by the unwavering belief in Kevin's innocence by the family, particularly Melissa. For the first time publicly, Kevin and his wife, Melissa, talk about their ordeal, an account of pain, mystery, and undying faith, wrapped around an enduring tragedy Five months after. Ruettiger straddled Kevin's legs, pressing his testicles into Kevin's knees. He recanted almost immediately, but spent eight months in jail before DNA evidence led to his release. For another friend 's wedding daughter, Teagan, in recalling this part of a last-ditch effort by Tomczak win! Hired Truck scandal in Chicago garden that honors Riley 's pediatrician has said there was a. Of investigators has taken over the case, though nothing promising has turned.! 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