GUILTY IL - Riley Fox, 3, Wilmington, 6 June 2004

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That's odd. I ask for a DNA report and I get pages and pages of Zellner spin, all of it meaningless.
 
If you have a link to the Amended Complaint, you can post that, but we're not posting the entire thing here.
 
Today was the date the judge set for the trial at the September hearing. Did the trial begin today? If so, does anyone know what happened?
 
You're right Crimson Sky, it started today. This is an excerpt from today's Herald News:


"U.S. District Judge John W. Darrah has denied all motions to dismiss the civil suit, including the latest one this past September. A trial date of Nov. 5 was set and recently changed to Nov. 6."
. . .



"It could take as long as Wednesday before a jury gets selected," said Will County Sheriff's spokesman Pat Barry. "Personally, I think it may not go. There have been talks of settlements."
. . .


"Kevin Fox is represented by attorney Kathleen Zellner of Naperville. Scott Panek, Zellner's office manager, said it is possible that the jury could get picked today with opening statements to follow either in the afternoon or on Wednesday."
. . .

"'I am almost sure,'" Panek said."
 
Jury selection began today. There was an initial pool of 50 people. The judge asked the usual question of any of them having knowledge of this case, and 16 said that they did. When the 16 were asked if this knowledge would prevent them from reaching a fair and impartial verdict, 12 of them said it would. The judge interviewed each of the 12 individually at the side of the bench and excused 10 of the 12.

This leaves 6 potential jurors out of the remaining 40 in the pool - 15 percent - that have knowledge of the case, with two of them, prior to being questioned by the judge, saying that it would affect their ability to render a fair and impartial verdict.

Does anyone have any ideas as to what this means? dannyd, I would be especially interested in what you and your police officer friend might have to say about this. Your earlier posts provided some of the best insights, especially listing your friend's criteria of what could determine whether or not a settlement might be reached prior to the conclusion of the trial.
 
Trial Update.

Tomczak was dropped as a defendant. No reason given at a joint press conference by Zellner and the defense attorney and the judge sealed the record on it. The jail guard was also dropped as a defendant. Zellner said "it was just too unwieldy with her."
 
Poor Zellner. Her whole case is falling apart. Let's hope she got some bucks from Chad upfront.

Cut your losses, Chad! Take a clear look at the only real suspect. Smell the coffee!!

How long before Zellner drops interest in Kevin and starts cozying up with Drew Peterson? I'll bet she's running a credit check on him right now!
 
halycon said:
Poor Zellner. Her whole case is falling apart. Let's hope she got some bucks from Chad upfront.

Cut your losses, Chad! Take a clear look at the only real suspect. Smell the coffee!!

How long before Zellner drops interest in Kevin and starts cozying up with Drew Peterson? I'll bet she's running a credit check on him right now!
Click to expand...

If you knew anything about the law you would realize that this is a Civil Rights trial being as the DA acted in good faith after the "confession" and was not present for the interrogation Zellner has no case against him. However the case is far from being over. The Foxes will mostly get a reward there is little doubt in my mind. As for your constant insistence that DNA doesn't count....well words fail me..
 
crash676 said:
If you knew anything about the law you would realize that this is a Civil Rights trial being as the DA acted in good faith after the "confession" and was not present for the interrogation Zellner has no case against him. However the case is far from being over. The Foxes will mostly get a reward there is little doubt in my mind. As for your constant insistence that DNA doesn't count....well words fail me..
Click to expand...

From today's Chicago Tribune:

"Just before opening statements Wednesday, U.S. District Judge John Darrah told jurors Tomczak had been dropped as a defendant.

Fox's attorney, Kathleen Zellner, said Thursday she was likely to call Tomczak as a witness."
I think Tomczak saw early which way this case was going - not his way- and wanted to cut his losses and avoid possibly losing his law license if testimony showed any evidence to support the "conspiracy theory" and the "election theory." I think Tomczak has a conflict of interest with the other defendants. There has been much talk that he and Kaupus - even though both are Republicans - do not like each other. Also Tomczak's wife (soon to be ex I've heard) is a Will County judge.

Tomczak has a lot more to lose here than the other defendants, and he probably could see the possibility of them turning on him and trying to blame it all on him, especially with the notoriety of his political pedigree.

It seems likely that Tomczak and Zellner have cut some sort of deal, possibly even including a separate monetary settlement if he is allowed to make one.

The jail guard - the lovely Jeanette Bishop-Greene - was just a minor player in all of this. She was basically accused of taunting and name-calling of Kevin while he was in jail. Unprofessional conduct of course, but what can you expect of a $5.00 an hour moron with, probably, a ninth grade education. She just cluttered up the case and was a distraction from the major issues.
 
http://www.suburbanchicagonews.com/heraldnews/news/643840,4_1_JO10_FOX_S1.article

...........

"No, the last two people to see her were the two people whose DNA was on the duct tape," Kirby replied.
.............

Duct tape dilemma
The cross-examination continued without signifying to the jury what had now been introduced. Later, with the jury removed from the courtroom, attorneys for both sides had a heated exchange with Judge John Darrah regarding the admission.
Smith made a motion for mistrial, which was denied. He said his clients had been "subjected to derogatory remarks both in open court and in sidebar."

"You can't possibly give me a fair trial. You won't see my clients have a fair trial," he told Darrah.

Darrah disagreed, but later Kirby's answer regarding the duct tape would be stricken from the record.
 
golfmom said:
Smith made a motion for mistrial, which was denied. He said his clients had been "subjected to derogatory remarks both in open court and in sidebar."

"You can't possibly give me a fair trial. You won't see my clients have a fair trial," he told Darrah.

Darrah disagreed, but later Kirby's answer regarding the duct tape would be stricken from the record.
Click to expand...

My, my - the poor defendants have even been subject to derogatory remarks not only in open court, but in sidebar.

I'm not a lawyer, but aren't the only parties present during sidebar the judge and the plaintiff and defense attorneys?

Is the judge making derogatory remarks about the defendants? Does this mean I'm not the only one that thinks they are a bunch of lazy, incompetent thugs who have no business being in law enforcement? If my opinion is the same as Judge Darrah's, that puts me in great company. I'm sure some posters here would be surprised that Judge Darrah and I have the same opinion of the defendants.

I am curious as to what Mr. Smith thinks the people who are suing his clients should say about his clients. Does he think that the Foxes should shower the detectives with accolades? Oh yes, now I remember, right after they arrested Kevin, Detective Swearingen told Chad Fox that someday the Fox family would thank them (the detectives) for that. I do not recall that Chad has thanked them yet for arresting Kevin. Maybe Mr. Smith's clients are upset about that, and expected gratitude from the Foxes towards them to be part of Ms. Zellner's opening statement.

The silliness of Mr. Smith's statement implies that the defendants are desperate and disheveled. Could a settlement be coming soon, even before Kevin, Melissa, and maybe Tyler and Tomczak testify, and before the defense-dooming video of Mary Jane Pluth's interrogation of then 6-year-old Tyler where Tyler pulls his sweatshirt over his head and screams that he wants his mommy and daddy and that his daddy did nothing wrong? And before the defense even presents their case - that is, if they have a case?

Their cross-examination of plaintiff witnesses hasn't elicited anything to enhance their position, which seems to be crumbling more as each day passes. And now their lawyer is whining because people are saying mean and nasty things about the defendants in open court and in side bar, and the mean old judge isn't doing anything about it. Maybe they can get some good therapy after the trial is over.
 
GC, it reminds me of all the whining they did in the media when KZ was scorching their A$$s
 
golfmom said:
GC, it reminds me of all the whining they did in the media when KZ was scorching their A$$s
Click to expand...

I think KZ is still scorching their A$$es. That's why their lawyer is whining.

I am not a lawyer, but I know one of the prime factors in which way a trial goes is the judge assigned to the case. I think the judge is being fair and objective, as he should be. But I think the Foxes really benefited from the luck of the draw here.
 
halycon said:
Poor Zellner. Her whole case is falling apart. Let's hope she got some bucks from Chad upfront.

Cut your losses, Chad! Take a clear look at the only real suspect. Smell the coffee!!

How long before Zellner drops interest in Kevin and starts cozying up with Drew Peterson? I'll bet she's running a credit check on him right now!
Click to expand...

I think you spoke too soon haly. Looks like the defense has been thrown for a loss on fourth and long so far. But it's still early in the game, so I won't say they can't come back.

Also, you've been haranguing for years about DNA on the duct tape. Well that was finally disclosed. There was DNA from two people on the duct tape and it didn't match Kevin or anyone else in the Fox and Rossi families. Looks like case closed on that one, too.

I guess the defense will have to go with your cigarette butt or straw in the vagina theory. Now that sounds like a real winner with the jury.
 
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