But if he could get out on bond, he could straighten this mess out. 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. The men, the family learned, were Will County detectives. "Where did he take Riley? The story seemed preposterous. and we stand behind them.". "We need you to come to the police station," an officer told them. ", By now, Melissa's brother had arrived at the jail, as had Kevin's father. "Did he leave the house?" Info: 773-581-9000. Life will never be the same for any of us.". From 1997 to 1999, more than 50,000 children in the United States were abducted by persons other than family members, according to a 2002 study funded by the U.S. Department of Justice. Did he take Riley somewhere?" Around 2:15, he went to the bathroom and swung the door open quickly, striking Riley and knocking her down. the cops, the judge, the seeming confidence of the state's attorney, and, most of all, the confession. ", The people of Wilmington seemed to divide into two camps. Tyler, the six-year-old spitting image of his dad, bore the ring; beside him toddled Tyler's three-year-old sister, Riley. But Zellner, who has viewed a copy of the videotape, says it's too fuzzy to make out a license plate or even to positively identify any vehicle. "If you saw one, generally the other was right behind," Curt Fox says. A "source," his face hidden behind a black blob, his voice disguised, repeated the rumors in Jacobson's "exclusive" interview. Meanwhile, the family launched a public-relations counteroffensive against the barrage of media coverage suggesting Kevin's guilt. The detective shook his head. Rebekah grew up in the Midwest and received her Bachelor's degree in Broadcast Communications and Theater from North . The medical examiner also noted light bruising on Riley's head. But the case that had shattered the Wilmington community was far from over. . Before putting the girl in the water, he inserted his finger inside her to make it look like she had been sexually assaulted. "He changed more diapers and fed and bathed the kids way more than the average father.". "If I finish the sheet, you are being charged with first-degree murder with 30 years to life. 2 bds; 1 ba; 1,000 sqft - Active. They urged Kevin to hire an attorney. He had suffered threats and the ridicule of guards, according to his lawsuit. Even though Kevin was freed of all charges, he claimed that the false imprisonment had a massive impact on his life. BIOG: NAME: UPD: 19970226 -TEXT-. The two had clashed on nearly everything, from elections to court cases to ethical conduct. At one point an assistant interrupted the presentation by bursting into the courtroom and thrusting a document into Tomczak's hand. 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. Zellner returned to her office facing the daunting prospect of going to trial with a client who had confessed. But several days later, while reviewing the state crime lab's report, Zellner puzzled over the "inconclusive" finding for the presence of male saliva. 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. He took his friend and Melissas brother along while leaving the children in the care of Melissas mother. "But I lost so much there. Immediately, we both started crying. Go home now on bond.". The elder woman had just made her way to the edge of the creek when she noticed something that looked to her like a plastic bag. If charges were to be filed, he would be the one to bring them. As a young boy, his family moved to New York and thence to Greensboro, NC, where he spent his formative years. After returning home with his children at around 1 am, Kevin put his kids in the living room and went to bed at 2:30 am. But he agreed with Zellner. 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. 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. The detective surmised that Kevin had applied the duct tape and committed the sexual assault to make it look as if the little girl had been kidnapped. Yet, despite the overwhelming implication of guilt produced by the hearing, a number of troubling questions lurked within the prosecutor's case. Tomczak wrapped up the hearing by asking for a $25-million bond, a request that drew gasps from the gallery. The Will County sheriff seems content to blame former Will County state's attorney Jeff Tomczak for any missteps. On February 26, 2023, at approximately 8:34 a.m., a trooper was dispatched [] . On this day, however, the mood was festive. Almost a year later, Fox was freed from the Will County Jail, and his murder. $271,900. It wasn't always this way. 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. But as the summer wore on, they came to believe that the investigation was dragging. After being photographed and fingerprinted, Kevin arrived at the Will County Adult Detention Center less than a mile from the sheriff's office, spent and sick with anxiety. "We were not happy about [Fox's release]," says Pat Barry, spokesman for the Will County Sheriff's Office. Kevin Wayne Fox, 52, of Bunker Hill, WV, passed away December 18, 2020. Menu. She adored her father. At the time, it seemed like a happy though standard family portrait. Not only was he not being charged with involuntary manslaughter, as he believed he'd been promised, but he was now facing first-degree murder, a charge that carried the possibility of the death penalty. The extended Fox family danced the night away, though before too long Riley and Tyler had curled up under a table and fallen sound asleep. 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. He turned to Lyons, incredulous that the detective hadn't told him earlier. In a case that saw numerous twists and even a false arrest, justice was finally delivered when the perpetrator was caught and made to pay for his crimes. He was not a match, Bode reported. Also added were the polygraph examiner, Richard C. Williams, Pluth, Kaupas, and a jail guard. Hundreds more turned out the next day for the funeral, many wearing pink ribbons and ties and butterfly pins. Melissa knew by their faces that the news was grim. When he first noticed Riley missing, he did not want to worry unnecessarily. At 12:20 a.m. on October 27th, according to the detectives' summary of events, detective Richard Williams arrived to administer the exam. He would eventually become such a fixture that the family would refer to him simply as "Scott.". But if Kevin was joking, the police apparently didn't get it. On October 11th, a report by Amy Jacobson, the tall blond reporter from Chicago's NBC 5, gave voice to the whispers. You're told there is overwhelming evidence against you, including a failed polygraph. Twitter Lhamo. 28, 2008. ), The detectives then took Kevin back to the interrogation room and resumed the questioning, according to the lawsuit. Tomczak, now in private practice in Joliet, was added in July 2005. ', "I started shaking and crying," she says. A tip came in claiming that video surveillance cameras at the town's Mobil station might have captured a car like that at four in the morning of Riley's disappearance. Instead, Guilfoyle later wrote up a summary of the interview. And the Fox family had indeed suggested a reward be offered, only to be told by police it was unnecessary. Unfortunately, however, their world turned upside down on the fateful date of June 6, 2004. He wore a red jump suit and was shackled at the legs and hands. "What did he do when he left? "That night she asked me to her homecoming," Kevin recalls with a laugh. "I feel sad for the whole community that we were betrayed." "In a way, though, it's hard," Kevin admits. Why was no duct tape found? . 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. Chad Fox took the lead, assuming the role of family spokesman and coordinating other family interviews, including an unequivocal expression of support by Melissa. Her hair a tiara of chestnut curls, she wore a snow-white "princess" dress, a gossamer confection of satin and lace over white satin slippers. The Rossi family had moved to Wilmington when Melissa was in the third grade. A Wilmington crime scene investigator arrived within minutes. The lab had said the results would arrive around 6 p.m. Kevin even attached a cart to his bicycle, and Riley quickly adopted it as her favorite mode of travel. '", At this point, Melissa says, she knew something wasn't right. TueWedThuFriSat. "He said, I can't find Riley.' Until now, the Foxes have remained silent about their ordeal. Trending. Set just off a playground around the corner from the house where she disappeared, the garden includes a statue of a young girl with butterflies alighting on her raised hands. When the bag was thrown from the bridge, however, it twice floated to the spot where the body had been found. Select the best result to find their address, phone number, relatives, and public records. To accommodate the expected crowds, Riley's viewing, five days after the murder, was held at the town's largest church, St. Rose Catholic. "I'm asking leave to file same." "For some reason," she says, "I had this terrible feeling that I was never going to see her again.". Panicking, he scooped her up and carried her to his car, retrieving some duct tape from the back. The answer is: far too many people. The next day, Kevin Fox's DNA was compared with the sample. The Foxes owned a dark blue Ford Escape. 79/63F. The interrogation and arrest of Fox, the suit alleges, was part of a last-ditch effort by Tomczak to win re-election. I told him, Don't you talk like that about my husband and family.'" Glasgow seized on the charges, suggesting his opponent would be soft on crime. Trying not to panic, Kevin searched the house. For the briefest of moments, "they were making me question myself. Zellner also began looking into an element that seemed to have been forgotten: the DNA evidence taken from Riley. Chad recalls the moment vividly: "Kevin looked at me and said, I didn't do this. 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. he asks. An autopsy would later reveal that the girl had been sexually abused and probably died from drowning. He laid Riley on the couch and placed his son, Tyler, in the chair in the living area before going to his room to watch TV. Riley Fox Riley Fox (March 31, 2001 - June 6, 2004) was a 3-year-old girl from Wilmington, Illinois, who was murdered on June 6, 2004. If the car turned out to be the Fox vehicle, Kevin's alibi that he was asleep all night would be seriously undermined. In the weeks that followed, Melissa and Kevin found the investigators to be supportive, even friendly. ", Kevin alerted his parents and Chad, who was immediately wary. Melissa Fox is the mother of Riley fox and the then-wife of Kevin Fox. Melissa Mack (right) with her husband Ryan and newborn baby Jett Myers In hindsight, the couple believe that either the police "were just completely overwhelmed by the fact that there was a murder in Wilmington and they had no idea what to do," Melissa says, "-or they were watching to see how we would react." ", Today, Zellner says that what impressed her was Kevin's immediate denial of the crime. "There was nothing to eliminate him." "You guys are nuts!". Kevin likes to keep his private life under wraps, and hence his present whereabouts are unclear. A videotape captured the session, conducted by a forensic interviewer named Mary Jane Pluth, who works for the Will County Children's Advocacy Center. Another resident told the paper, "It's what a lot of people suspected.". Suddenly, she says, Ed Hayes "got right in my face. In early May, U.S. District Judge John W. Darrah rejected those arguments with one exception (a claim against Sheriff Kaupas). but we firmly believe, and the sheriff firmly believes, that [the detectives] did a good job . "I didn't do it, Melissa," he answered back, looking her in the eye. A picture of the children would make its way into Chad's wedding album, a cherished memento of a perfect day. 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. Local 630-955-1212 | Toll . Instead, going on a "gut feeling," he said, they "rolled bones" in the hope they could elicit a confession. Later, when speaking about his experience after getting out of jail, he said, I still had people coming up to me and saying I was a child killer, child molester and threatening to shoot me and my dog. Melissa added to this by saying that people ceased to trust them, and children werent allowed to have sleepovers at their house. Pluth pursues. From that moment, Melissa says, she never doubted Kevin. At last, eight days later, Zellner stood near a fax machine in Glasgow's office. She wore a flamingo decorated T-shirt, dirtied now by mud and silt. 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. 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. "And wondering, Why would they lie to me?" That night, Kevin drove to Chicago, too, to attend a concert with a friend and one of Melissa's brothers. And he had no idea how his car wound up on a security tape. I knew it wasn't true. What neither Zellner nor Glasgow apparently realized was that the FBI had not tested Riley's DNA. He says the police told him he was right not to panic, that "in a lot of cases a child wanders off, and they can't find them at first." Months went by with no breaks in the case. It was here, after all, that the lanky, blond, gentle-natured teenager had met a pretty, impetuous girl named Melissa Rossi, who eventually became his wife. The lab had found a man's saliva-just enough to extract a full DNA profile. With the possibility of a trial, Zellner began to reinvestigate the case. (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.) In that summer of Riley's disappearance, the men were again locked in a tight race against each other in a campaign that, the Chicago Tribune said, "was bound to get ugly" given the men's history. "He kept saying, The DNA will clear me,'" Chad says. "I knew he was innocent, and I knew my family was in for the fight of its life," he says. The girl appeared "lifeless," and Kevin thought she was dead. To those who didn't know Kevin Fox, the hearing seemed to offer a shocking solution to a terrible crime . Mark M. Strothmann, pastor of the First Presbyterian Church of Wilmington, quoting Mark 10:14. The state's attorney was quoted in the Chicago Tribune on October 29th as saying "the evidence shows us that [Riley] was sexually abused during life." Tomczak added other details: The girl had been placed in the water while she was still "alive and moving and kicking." ABC News 20/20 features this murder in one of their episodes and takes the viewer through the harrowing ordeal Rileys family had to go through after losing their child. 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. On a recent April evening, however, their attentions are devoted to gentler undertakings: their new baby girl, Teagan, who was born on March 8th. The sheriff's summary report portrays Melissa as expressing doubts about her husband's innocence. Guilfoyle reported that Tyler claimed he stood in the kitchen and saw his father using the clothes dryer after he returned. On November 2nd, six days after Kevin's arrest, Glasgow defeated Tomczak 121,000 votes to 112,000 to win the state's attorney's race. Riley Fox was sexually assaulted, bound with duct tape, and drowned in a creek in Wilmington, Illinois. Kevin, on the other hand, claimed that the police coerced him into admitting guilt. "I had never even met him before and he was just screaming in my face. ", Shortly after the bond hearing, Tomczak, Will County Sheriff Paul Kaupas, and other authorities held a press conference outside the Wilmington police station. Most of those who knew Kevin and the rest of the Fox family believed in his innocence. The Fox family expressed staunch support of Kevin. More than six months later, DCFS reported finding no evidence to support the allegation. He admitted placing his finger in the vagina of the child. "When I saw the pictures . The suit claimed. They simply broke him down psychologically to a point where he believed that the only way he was going to get this nightmare to stop was to confess. (Will County investigators refuse comment on the quality of the videotape. "I used to love it," Kevin says of his hometown. More than 6,000 people attended the wake-nearly 1,000 more than the entire population of Wilmington. . 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. 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. I can help this kid if he acts now," the detective quoted the state's attorney as saying. The questions started out easy, but quickly became pointed. However, there are no details about his exact age and birth year. They were vacationing in the Ozarks. 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. Hope they find some peace. Many other people assumed he was guilty. The Kevin Fox they knew was a wonderful father, devoted to his wife and son and daughter. As for sexual abuse, "I'm not a stupid person," Melissa says. Zellner is such a bad ass!!! "She didn't make it. "We put all our faith in them. Next. "Your family doesn't love you," he shouted. Only once, in fact, had the little girl wandered away from the small ranch house-that time, to play with a friend. . ", And yet, "I'm sitting there thinking there's videotape of the car," she says. associates & neighbors include Melissa Rossi, Curtis Fox, Kevin Fox, Chad Fox and Carly Fox. He admitted placing her on the bank of the river, under the water. "Rape kits"-samples of DNA collected from Riley's body-were sent to the Illinois State Police crime lab for analysis. "I can make a deal for him. A Chicago news show had even aired a resident of Wilmington relating the town gossip. 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? Almost immediately after his arrest, Kevin and Melissa brought this multi-count, multi-party lawsuit under 42 U.S.C. "Because I think to myself what Riley would be doing right now. The few clues that might have pointed to other suspects were either discounted or ignored. The person behind the mixup, the lawsuit alleges, was Ed Hayes. Still, he says, "we had waited so long. According to that report, Tyler became much more specific and descriptive. ", In the sorrow-filled twilight of their little girl's death, in the aftermath of an ordeal that could have sent Kevin Fox to death row, Kevin and Melissa have searched for meaning in their anguish. He had been undergoing questioning for nearly 12 hours. Par for the course. WSFX-TV (channel 26) is a television station in Wilmington, North Carolina, United States, affiliated with the Fox network. From his Joliet offices, Will County State's Attorney Jeffery Tomczak kept close tabs on the investigation's progress. A little before eight in the morning, however, Tyler came into Kevin's room. Nonetheless, since Kevin's release, a fresh group of investigators has taken over the case, though nothing promising has turned up. "It wasn't like there was any time to cook up a story," she says. A year after their marriage, they added a daughter to the family-an apple-cheeked princess with a pile of light brown hair. Absolutely not, Kaupas said. 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. 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. "I was raised with the idea that authorities were good people and that they should be respected.". Most important, Kevin says, he trusted the detectives' motives. Finally, Kevin claims in the suit, he was shown pictures of his dead daughter, her mouth still covered with duct tape, nude from the waist down, taken moments after she had been pulled from the creek. Date Posted: Sunday, February 26th, 2023. 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