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As a result, Fox spent nearly eight months in prison on a capital murder charge before being exonerated by DNA evidence. And that she did not have. By most accounts, Kevin Dale Fox was a devoutly religious man and a loving father. 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. We wanted to know if they had found out what had happened. All. The DNA had been sent to the state crime lab, not Virginia, and then returned to Joliet. While I was very interested in reading this well-written story; it breaks my heart to think of the Fox family losing their daughter and then on top of such a nightmare, the family has to be tortured even more! Five months later, a gallery of stunned observers packed the hearing at the Will County Courthouse in Joliet. Riley Fox was sexually assaulted, bound with duct tape, and drowned in a creek in Wilmington, Illinois. "I knew he was innocent, and I knew my family was in for the fight of its life," he says. . . Kevin Fox was initially charged with his daughter's June 2004 murder. After Kevin graduated high school and entered college, Melissa got pregnant with their first child Tyler. ", And yet, "I'm sitting there thinking there's videotape of the car," she says. Not fair! At one point, he asks for his "mommy and daddy." "He was crying," she recalls. A year after their marriage, they added a daughter to the family-an apple-cheeked princess with a pile of light brown hair. he recalls saying. Though the police denied using force, Kevins attorney had the DNA from the crime scene tested against Kevins own DNA. According to the sheriff's summary, this is what he said: He came home at about 1:30 a.m., ate a snack, and then watched television, including an adult video. On Feb. 9, the Wilmington City Council held a special meeting at Wilmington High School. 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. Melissa first saw Kevin at a high-school volleyball game. Months went by with no breaks in the case. For Tomczak it could also provide a diversion from a new headache that had suddenly surfaced. His blotchy face shines with tears. He claws his sweatshirt hood over his head. Kevin claims he asked for an attorney and his father several times, but was given the same response: "[The detectives] said, You're 27 years old. Glasgow seized on the charges, suggesting his opponent would be soft on crime. Promising a suspect leniency to confess is forbidden under Illinois law, and the detectives have denied in court pleadings that they did so. Kevin Fox was cleared of the charges when a DNA test excluded him from the assault and killing. He duct-taped his daughter's mouth and bound her wrists together with tape. he asks. 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. Chad and Zellner viewed the change in office with a wary eye. Indeed, he had promised to press ahead with the death penalty. "When I reached out to Kevin and said, I believe you,' I think they got pissed." (The DNA was subsequently retested at a different laboratory, and the results again excluded Kevin.). By now, hundreds of townsfolk were clawing through brush and woods. "Hurry back. She quickly became known around town as the precocious little girl who loved Dora the Explorer, the kind of child who insisted on picking out her own flower girl dress-only after plis and curtsies in front of a mirror. "We need you to come to the police station," an officer told them. 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. If he slipped in the mud, why were his clothes not muddy? Later, however, he would reflect on the bittersweet nature of the day. The claim triggered an investigation from a representative of the Illinois Department of Children and Family Services. Why was no blood or other physical evidence found in the Ford Escape? He planned to drive the kids to Chicago in the morning to catch Melissa at the finish line. More than 6,000 people attended the wake-nearly 1,000 more than the entire population of Wilmington. Today, Chad fumes that his brother was not told earlier. As the day wore on, local merchants pitched in with food and pop. Before that, she was a television news reporter for ABC and FOX affiliates in North Carolina and Illinois. "I'm not saying he shouldn't have been . He then ran next door, where Riley's best friend lived. As for the long-awaited DNA evidence originally taken from Riley, the news was not good for Kevin. Born in Atchison, Kansas, November 6, 1928, Jim was the second son of Jared Copeland Fox III and Ethel Carroll Fox. On October 26th, Swearengen called Kevin Fox to say, by Kevin's account, that there was news about the case and that the Foxes should come to the police station that night. Buoyed over the finding, Zellner secured a court order to have the material tested by a private lab-Bode Technology Group in Virginia. Though the girl has Riley's apple cheeks and sweet disposition, neither parent would ever look on the child as a replacement for their lost daughter. Kevin and Melissa met while in high school together, and they quickly took to each other and fell in love. She adored her father. Kevin was shocked beyond words when the police recovered Rileys body but tried his best to assist in the investigation. With his help, an investigative team began to re-enact each element of Kevin's statement to test it for plausibility. . His little girl had seemed to hold a special place in his heart. Zellner also re-examined the bathroom door that had supposedly hit Riley. 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. . Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. The answer is: far too many people. The girl appeared "lifeless," and Kevin thought she was dead. Did he take Riley somewhere?" When it was over, Williams told Kevin that he had failed. On October 21st, his father, Donald Tomczak, was arrested on a federal indictment in the Hired Truck scandal in Chicago. When Judge Dan Rozak dismissed the case, the courtroom exploded into applause and cheering. To accommodate the expected crowds, Riley's viewing, five days after the murder, was held at the town's largest church, St. Rose Catholic. 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. Find a suspect, any suspect, and nail him/her. 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. . As they had wanted to do all along, the family began to offer a reward, for $20,000. 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 . Yet, despite the overwhelming implication of guilt produced by the hearing, a number of troubling questions lurked within the prosecutor's case. Select the best result to find their address, phone number, relatives, and public records. The Foxes owned a dark blue Ford Escape. But the sense of betrayal he felt at the hands of the detectives, especially when he learned that he would not, indeed, be "bonded out" to go home and straighten things out, was crushing. None was available. "This isn't political," he said. But we feel closer to her when we go there. At 12:20 a.m. on October 27th, according to the detectives' summary of events, detective Richard Williams arrived to administer the exam. The Fox family expressed staunch support of Kevin. Kevin is a producer and writer, known for Law & Order: Special Victims Unit (1999), The Negotiator (1998) and Lie to Me (2009). Then they drove to the Will County courthouse, where Kevin had first been charged with murdering his daughter. Nonetheless, since Kevin's release, a fresh group of investigators has taken over the case, though nothing promising has turned up. The suit claimed. From his Joliet offices, Will County State's Attorney Jeffery Tomczak kept close tabs on the investigation's progress. He wore a red jump suit and was shackled at the legs and hands. . 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. They tricked me.' Trending. But this family's response-and I have to say when I met Kevin I understood-was that it isn't conceivable that someone like Kevin Fox could hurt anybody. His lawyer, Kathleen Zellner, says that when she asked to see the handwritten notes from which the summary was drawn, Will County authorities told her that they were gone. Who would admit to such horrible things if he hadn't really done them? With the possibility of a trial, Zellner began to reinvestigate the case. 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. Melissa got the word when she called Kevin to arrange to meet the family at the finish line. . Tyler, the six-year-old spitting image of his dad, bore the ring; beside him toddled Tyler's three-year-old sister, Riley. 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. Wilmington, Illinois, just south of Joliet, stands amid the vast cornfields and high grass prairies of the Kankakee River valley, a little more than 50 miles southwest of Chicago. Kevin says he was incredulous. She'd be a great big sister.". (Today, Fox's legal team says that the results were at best unreliable.) In the past, Dawn has also been known as Dawn R Fox. The FBI would be returning the DNA evidence within a week, he said. Maryland Man Arrested After Crashing Stolen Vehicle. Until the night of Kevin's long interrogation several months later, authorities never told him and Melissa what Tyler allegedly had said. For Chad, the fight to clear his kid brother's name became a crusade. As for sexual abuse, "I'm not a stupid person," Melissa says. Instead, going on a "gut feeling," he said, they "rolled bones" in the hope they could elicit a confession. "We'll see," the defense attorney shot back. When pressed about the car, Kevin recalls, he became exasperated and suggested sarcastically that someone must have snuck into his house, stolen his keys, taken the car, and returned it later. He answered all the questions and even volunteered to give DNA samples if it helped solved his girls murder. Powered by WordPress.com VIP. TueWedThuFriSat. "I hated leaving him there," Chad says. . 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.". "In a way, though, it's hard," Kevin admits. Sun and clouds mixed. He shakes his head one final time. As far as Glasgow knew, the little girl's rape kits had not contained sufficient genetic material to yield a usable profile. 77/48F. 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. He had suffered threats and the ridicule of guards, according to his lawsuit. the cops, the judge, the seeming confidence of the state's attorney, and, most of all, the confession. Read More Business Details. The judge ordered that the genetic material be sent right away. Kevin told police that Riley was wearing a white T-shirt with a pink flamingo on it and pink capri pants. And what were the circumstances of the "confession"? . Trying not to panic, Kevin searched the house. 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 . After three hours alone, Melissa grew furious. But early Sunday morning, Tyler woke up Kevin to tell him that Riley was missing. "It wasn't like there was any time to cook up a story," she says. "It's all right to say you did it." 1:07. I can help this kid if he acts now," the detective quoted the state's attorney as saying. The trip to the Ozarks had been for another friend's wedding. associates & neighbors include Melissa Rossi, Curtis Fox, Kevin Fox, Chad Fox and Carly Fox. Kevin, after all, had been the last person known to have seen Riley alive. "Throughout my life, I've always followed in your footsteps," Kevin said. Other family members were less comfortable. Kevin had been up for more than 24 hours and he'd had little to eat. You're offered a less serious offense and the chance to go home to your family and clear things up later in court. He yelled, Your fucking husband killed your fucking daughter and he doesn't love you or her. 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. Kevin Wayne Fox, 52, of Bunker Hill, WV, passed away December 18, 2020. Published by Chicago Sun-Times on Mar. Local 630-955-1212 | Toll . Ruettiger straddled Kevin's legs, pressing his testicles into Kevin's knees. "We don't want to lose sight of one of the big tragedies-and major points-of this case," Zellner says, "the fact that, because the wrong man was pursued, a killer is still on the loose. . 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. Court Upholds Finding that Police Framed Kevin Fox; Jury Awards Kevin Fox, Wife $15.5 Mil; Will Taping Interrogations Fix the System? Kevin worked as a union painter to earn a living, while Melissa got a job as a waitress. All told, Kevin was interrogated that night for more than 14 hours; only 20 minutes were taped. Reaching into a tiny white basket, she doled red rose petals along the aisle like a pixie spreading fairy dust. As she neared Wilmington, Melissa felt a chill. Dawn's current home is located at Wilmington, IL. While Chad talked about leaving for the big city, Kevin couldn't imagine living anywhere else. I knew it wasn't true. ", Kevin's account of the interrogation continues: Swearengen burst into the room, out of breath and saying he had just talked to Tomczak. "So just say you did it." "Riley is in the room with you right now," the lawsuit quotes Guilfoyle as saying. Even so, as time passed and word spread that Riley Fox was missing, a search was mounted. In one resolved in December 2001, she helped free three men who had falsely confessed to the 1986 murder and rape of a Rush University medical student named Lori Roscetti. Suddenly, at about three that afternoon, police jumped in their cars and sped off. On the tape, her manner suggests a strict schoolteacher. Then, on June 7th, came the answer. Around 2:15, he went to the bathroom and swung the door open quickly, striking Riley and knocking her down. The detective shook his head. A federal jury awarded Fox and his wife, Melissa, $15.5 million for false arrest and. "If you saw one, generally the other was right behind," Curt Fox says. The medical examiner also noted light bruising on Riley's head. She screamed when she realized what she had found. Pluth starts off with basic questions about where Tyler lives and what kind of sports he likes. He left Tyler and Riley with Melissa's mother, Sandy Rossi. (A water usage report from that night suggests that the washing machine did not run.) Chad was on the phone to his father, desperately urging Kevin and Melissa to leave. Subscribe for free today! Get your help from the State's Attorney so you can go home to your family. 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. Still, he says, "we had waited so long. I told him, Don't you talk like that about my husband and family.'" According to a statement he later gave police, he picked the kids up and drove them home at around 1 a.m. Then, too tired to make up their beds, he laid them down in the living room-Riley on the couch and Tyler on a chair with a footstool. 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. Christmas passed with Kevin still in jail, then New Year's, and Kevin's 28th birthday on January 4th. As if in anticipation of unavoidable criticism, Tomczak had earlier stopped at the defense table where Kevin Fox's attorney, Kathleen Zellner, was seated. Riley's pediatrician has said there was never a hint of prior sexual abuse. Glasgow seemed like a fair man, but he had given no indication that he planned to drop charges against Kevin. But the case that had shattered the Wilmington community was far from over. Best MatchPowered by Whitepages Premium Best MatchPowered by Whitepages Premium Best Match Kevin Edward Fox Morrilton, AR (previously lived in Wilmington, IL) AGE 40s AGE 40s Kevin Edward Fox Zellner returned to her office facing the daunting prospect of going to trial with a client who had confessed. Protocols should be revised and people in positions of authority need to be accoutable for their actions! "Something didn't feel right," Chad recalls. "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. 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. Why would Tyler say Kevin had walked out during the night with Riley? . 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. Zellner insists that there was exculpatory evidence-in the so-called rape kits with material taken from Riley. The Will County sheriff seems content to blame former Will County state's attorney Jeff Tomczak for any missteps. But he agreed with Zellner. Her mouth had been covered with duct tape, and adhesive residue on her arms led authorities to surmise she had been bound. '", At this point, Melissa says, she knew something wasn't right. They first tested where Kevin said he had left the body-according to his confession, he had placed it in the water at the base of the Kahler Bridge, slipping once as he made his way down the muddy embankment. "I was raised with the idea that authorities were good people and that they should be respected.". "They'd come back with their legs scratched up and bleeding," recalls Kevin. Under questioning by Will County detectives, Fox confessed to the crime, but was later exonerated through DNA evidence. If charges were to be filed, he would be the one to bring them. Then, after calling his estranged wife to tell her about the shootings, he turned his gun on himself and . "The people lack the probable cause to continue to hold him on these charges and would be unable to meet our burden of proof beyond a reasonable doubt." "We felt we could never get an answer on the progress of the case," Kevin says. "It's now or never," the lawsuit claims the detective said. "I felt like I had nothing to hide," he says, and he worried that hiring an attorney might make him look guilty. "But she was right.". They love to see innocent children tortured and defiled for their indigent minds because it elevates an idiot. "We'd ask, but they'd always say something like We can't really discuss it.'" and we stand behind them.". Some expressed bitter feelings of betrayal to reporters. If you say it was an accident, it's involuntary manslaughter with a three to five year sentence. As for the murder of Riley, "You did it," the lawsuit quotes Williams as saying. "For a state's attorney not to know of such a meeting of his detectives in such a high-profile case would be unheard of," she claims. Finally they were brought out into a waiting room, where Curt, Dawn, Chad, and Stacy had already gathered. Melissa knew by their faces that the news was grim. Unfortunately, however, their world turned upside down on the fateful date of June 6, 2004. To plant trees in memory, please visit the Sympathy Store. ", 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. 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. "We think you were involved." "I guess we were going out on a limb, but it turned out she was the one.". When pressed, however, the boy seemed less sure. That Saturday night, she stayed at a campsite with friends in Skokie. There he saw three pairs of feet poking out of the bottom of the bedcovers. At the time, it seemed like a happy though standard family portrait. "He watched everybody search for his child the whole day," one woman, a ten-year resident of Wilmington, told the Chicago Sun-Times. At last, eight days later, Zellner stood near a fax machine in Glasgow's office. Tomczak added other details: The girl had been placed in the water while she was still "alive and moving and kicking." What's more, investigators would be able to place the car along the route that led to Forsythe Woods, where Riley's body had been found. Bad blood had existed between the men for years. To those who didn't know Kevin Fox, the hearing seemed to offer a shocking solution to a terrible crime . 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. Melissa, describing her husband as a wonderful father, made it clear immediately that she believed he had been railroaded. I wanted to see if I could find anything in those pictures that would help me figure out for myself what had happened, who had done this to my baby. Sensing his shyness, she took matters into her own hands. Very sad. He was born October 8, 1968 in Silver Spring, Maryland, the son of Helen (Niles) Fox and the late Allen Wayne Fox.. 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. "I thought it was a little strange," Melissa says. Tags: Crime & Law, Design Controls - Google AMP, Long Reads, Politics & City Life, Print-Specific Tags - Feature, Writers - Bryan Smith. Glasgow was trim with a blow-dried pompadour of silver. The Fox 8 Meteorologist gave birth to a son in 2017 alongside her husband Ryan. Location of This Business. They were vacationing in the Ozarks. This time there were no cameras or tape recorders. Shameful how Politics, selfishness, and greed were more important. "There are some red flags that are making us look at Kevin," Melissa recalls the detective saying. Mass of Christian Burial 10:30 a.m. Interment private. With a huge smile on her face, she headed straight to her daddy, who scooped her up into his arms. Television satellite trucks roared into town, deploying their parabolic dishes and disgorging reporters. The interrogation and arrest of Fox, the suit alleges, was part of a last-ditch effort by Tomczak to win re-election. Melissa, meanwhile, was led into a conference room where, Swearengen told her, detective Guilfoyle would be along shortly to ask a few questions. 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. He turned to Lyons, incredulous that the detective hadn't told him earlier. When he first noticed Riley missing, he did not want to worry unnecessarily. I pledged the same fraternity. Kevin, 20, was overwhelmed by the sudden turn of events, and the two broke up for a short period. Among the questions the two men fielded were queries about whether politics influenced the timing of the interrogation. Find out where to go, what to eat, where to live, and more. As Kevin and countless others in the sanctuary laughed with delight, he returned her to her mother, who shook her head with resignation and took the girl to the pew. You kevin fox wilmington il new wife one, generally the other was right behind, '' Melissa says they got pissed.,... Go home to your family. ' '', at about three that,. At best unreliable. ) over, Williams told Kevin that he had failed fair,. Screamed when she called Kevin to tell him that Riley was wearing a white T-shirt with a blow-dried pompadour silver... Why was no blood or other physical evidence found in the Ford Escape mud, why were clothes! Physical evidence found in the morning to catch Melissa at the finish line hours ; only minutes... Shyness, she took matters into her own hands imagine living anywhere else basket... Tyler allegedly had said Saturday night, she stayed at a high-school volleyball game, as time and... Phone number, relatives, and yet, despite the overwhelming implication guilt! Kevin Fox was sexually assaulted, bound with duct tape, and, most of all, had been.... 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