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

[Maddy's Mom]

"The day after 3-year-old Riley Fox of Wilmington was murdered, a lawyer sent Will County sheriff's detectives a letter asking them not speak to the Fox family without an attorney present"
(From Golfmom's article on the post above)

Is that weird? I don't get it. The day after she died they sent a letter saying not to speak to them w/out a lawyer. But I know the Foxes did anyway because they thought they were helping their child's case. But I have never heard of someone getting a lawyer's advice so soon after something like this. I mean, it was still so raw and unreal. I wonder why Kevin didn't think to call this guy during the interrogation? Maybe because he didn't have his number or something and that was one reason he wanted to talk to his Dad.

Which brings me to another point - from the same article: "U.S. District Court Judge John Darrah ruled Monday that defense attorneys in the civil case can argue that Fox wasn't under arrest until he made an incriminating videotaped statement. That all but ensures that tape, never seen publicly, will be played during the trial, legal observers said."

If he wasn't under arrest, why wouldn't they let him talk to his father??? Because they led him to believe he was not free to go!

 

[genecam]

"A polygraph-examination expert testified Monday that a lie-detector test given to Kevin Fox was inconclusive, not proof of deception as Fox was told before he made an incriminating statement in the murder of his 3-year-old daughter, Riley."

"After the test, detectives told Fox he had failed and that he better tell them what really happened to Riley, according to a federal civil rights suit Kevin Fox and his wife, Melissa, have filed against Will County. The couple allege Fox's statement was coerced and was among other "fabricated" evidence in the case in which Fox was charged with his daughter's murder."

"David Raskin, a consulting forensic psychologist who has worked frequently with the federal government on polygraph-exam techniques, said the examiner, Richard Williams, did not properly "score" a lie-detector test he gave to Fox."

"Williams was called in the night of the interrogation to give Fox the test. Raskin said the only reason a polygraph might be given during the night is if the subject to be tested is usually awake during those hours."

"'It should never be a surprise,' he said, adding that the test subject should be well-rested and nourished. 'It should be like a doctor's appointment.' A host of conditions, including exhaustion, can affect the test, he said."

http://www.chicagotribune.com/news/local/chi-foxboth20nov20,1,5081982.story?ctrack=1&cset=true

Yet another example of manipulating the evidence. And the FBI agent that was told to stop DNA testing is yet to testify. And then there's the Tomczak factor.

Oh yeah, he wasn't under arrest until he made the incriminating statement - that's why the interrogation room was locked and they wouldn't let Kevin talk to his family or his family talk to him. Those thugs ought to spend 8 months in jail, and MJ Pluth, too. And the lie detector guy ought to have his license revoked for agreeing to test Kevin under those conditions. Another turkey with no integrity.

Looks like a little more than a few minor mistakes to me.

 

[golfmom]

I guess this answers your question MM. Looks like Chad contacted the attorney.

http://www.chicagotribune.com/news/local/chi-foxboth20nov20,1,5081982.story?ctrack=4&cset=true

Also testifying Monday was attorney Ryan Stephan, who was contacted by Chad Fox, Kevin's older brother, shortly after Riley's murder. The next day he faxed a letter to Sheriff's Deputy Scott Swearengen, the lead detective on the case, asking that Fox family members not be questioned unless police contacted him first and an attorney was present.

Despite that letter, detectives continued to talk to Kevin and Melissa Fox frequently, according to prior testimony.

 

[halycon]

To suggest that the entire Bolingbroke PD was corrupt is absurd. Drew only needed one pal to taint the inquest. But the Fox case is vastly different. No baby killer has friends on a police department who will look the other way. To think otherwise, which is Zellner's crazy gambit, is akin to blaming the FBI for bringing down the Twin Towers. No sensible juror will buy it.

The state attorneys are not giving Zellner a thing here. If they thought Fox was innocent they'd capitulate. Why not? They'll face having to write a check and they would feel a sense of duty to right a wrong. They are not doing that. She's baiting them with her "two DNA" nonsense, but they aren't proving her wrong by showing and explaining the reports. Kathy knows how baseless it is. It's only the jury pool and media who don't need to know until Kevin is charged again. The criminal prosecutors are making sure not to tip their hand, so let Aunt Blabby say whatever she wants in this meaningless trial. I think it's quite admirable that the prosecutors are more concerned with a criminal conviction than a lame civil suit.

Strategic thinking! Good for the cause of justice. For Kevin, not so much.

Again, who will Kevin turn to when he has to face trial? His missus goes back and forth with the wind. My guess is she won't put up with another round.

 

[golfmom]

The state attorneys are not giving Zellner a thing here.

That's because they have nothing to give and have been sitting around doing nothing for months. God forbid they find the real murderers ... that would prove that they were WRONG.

If they thought Fox was innocent they'd capitulate. Why not? They'll face having to write a check and they would feel a sense of duty to right a wrong.

Oh please, they'll never willingly admit they were wrong. Even in the Ryan Harris case it took a revolt by the aldermen to finally convince the city to settle. It's been over 20 years since Jeanine Nicarico was murdered and we're just getting around to putting Dugan on trial. Why do you think that was? Because they didn't want to admit the shameful wrongful conviction of Rolando Cruz. And, don't even get me started on the Dowalliby. Even after the conviction was overturned, the Cook County SA office persisted, trying to appeal that decision to the supreme court. There's no sense of duty to right a wrong no matter how grievous the wrong is.

 

[Crimson Sky]

Again, who will Kevin turn to when he has to face trial? His missus goes back and forth with the wind. My guess is she won't put up with another round.

Do u know Melissa?? How does she go back and forth? She has been by his side through thick and thin since their teen years, NEVER has she waivered in her trust in Kevin. Melissa is an innocent victim in this entire situation. :furious: U need to keep quiet about things u know nothing about.

 

[genecam]

Do u know Melissa?? How does she go back and forth? She has been by his side through thick and thin since their teen years, NEVER has she waivered in her trust in Kevin. Melissa is an innocent victim in this entire situation. :furious: U need to keep quiet about things u know nothing about.

Well put cs.

This is the same kind of crap that the defendants have been putting out ever since Kevin was released. It goes along with them telling everyone they know that, in spite of everything being proven to the contrary that they were right and Kevin killed Riley and they don't know how the DNA thing turned out like it did - must be because she was in the water, etc., etc., etc. This includes Stewart Warren, the so-called criminal reporter for the crappy HN who is 100% certain that Kevin killed Riley - real objective news reporting there, huh.

I'm getting really tired of hearing it, even though now it is because the defendants are in full damage control desperation mode, and their whining is hurting my ears.

 

[golfmom]

Do u know Melissa?? How does she go back and forth? She has been by his side through thick and thin since their teen years, NEVER has she waivered in her trust in Kevin. Melissa is an innocent victim in this entire situation. :furious: U need to keep quiet about things u know nothing about.

CS, I have a theory about statements like those. I think that kind of misinformation regarding the family and case are being intentionally whispered by those in LE to continue their campaign of harassment against the Fox family. No one is safe from the insults and innuendos ... friends, family members, attorneys, supporters ... it's designed to distract from the truth: how badly they screwed this investigation up and used Riley's death for political gain, personal glory and promotions.

 

[golfmom]

This includes Stewart Warren, the so-called criminal reporter for the crappy HN who is 100% certain that Kevin killed Riley - real objective news reporting there, huh.
.

I don't believe that she's capable of passing a high school journalism class. :snooty: I'm at the point where it's not even worth my time pointing out the lameness of her articles.

 

[Crimson Sky]

I always read all the posts here and rarely throw my opinion out there. I'm not as good as all of you at putting my thoughts on the case into words. It just makes u crazy when a person whom have never met this family form opinions about their personalties. Trust me if u ever had the chance to meet these people u would realize how broken and lost they are and how they're just trying to keep their family afloat.

 

[golfmom]

I always read all the posts here and rarely throw my opinion out there. I'm not as good as all of you at putting my thoughts on the case into words. It just makes u crazy when a person whom have never met this family form opinions about their personalties. Trust me if u ever had the chance to meet these people u would realize how broken and lost they are and how they're just trying to keep their family afloat.

It's almost impossible to imagine the agony of losing Riley and then being swept up into such a nightmare. I think what they are most guilty of is being incredibly naive. I'm glad you posted. Please always remember, your opinion matters and no one's opinion is more important than your own. :blowkiss:

 

[golfmom]

Following article was written in 2002, and we're just now (November 2007) having a pre-trial hearing for the murder of Jeanine Nicarico by Brian Dugan.

http://findarticles.com/p/articles/mi_qn4155/is_20020929/ai_n12478004

Six years after Rolando Cruz has been found not guilty, Jim Ryan will not apologize, will not say he believes Cruz to be innocent and will not sign a petition asking the governor to pardon Cruz.

Joe Birkett will not admit his office was wrong to prosecute Cruz three times despite mounting evidence of his innocence. He will not even say he believes Rolando Cruz is innocent.
...............

Nearly seven years after Rolando Cruz was acquitted of the rape and murder of Jeanine Nicarico, and 17 years after Brian Dugan confessed to the crime and gave details only the killer could know, Joe Birkett still has not charged Dugan. Birkett's critics say that's because charging Dugan would mean admitting he was wrong about Cruz.

 

[golfmom]

http://www.chicagotribune.com/news/local/northwest/chi-foxboth21nov21,0,7047215.story

Raskin said Williams tried to create a numerical score of Fox's test about two weeks after he gave it, and after the Foxes filed their federal civil rights suit, but plugged in the wrong data. Shown one set of Williams' calculations, Raskin said: "I think it was fabricated....I've never seen anything like it in all of my career."

 

[golfmom]

29. Mr. Fox was told that a polygraph test was “absolutely reliable” and “good evidence” in Illinois, that if he took the test and passed, he would be cleared of any involvement in his daughter’s death, otherwise, he would be charged with first degree murder. Kevin Fox was never told that polygraphs are not admissible in Illinois and have never met threshold requirements of reliability.

30. The Defendant, Richard Williams, told Kevin that he had given “thousands of polygraphs” and “never made a mistake.” A thorough review of Mr. Williams’ credentials as a polygraph examiner were not investigated prior to using him on this assignment.

31. During the polygraph exam, Defendant, Richard Williams, used polygraph equipment that is well-known to give incorrect results and is not even used by many police departments.

32. After the exam, Defendant, Richard Williams, yelled at Kevin Fox, “you did it. It’s alright to say you did it.” At best, the test results were inconclusive and highly questionable.

 

[golfmom]

http://www.chicagomag.com/Chicago-Magazine/July-2006/The-Nightmare/index.php?cp=2&si=1#artanc

n 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. None was available. (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.) 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.

--------
At 12:20 a.m. on October 27th, according to the detectives' summary of events, detective Richard Williams arrived to administer the exam. Williams told Kevin that if he passed he would be cleared in his daughter's death, according to the lawsuit; if he failed, he would be charged with murder. (Williams refused to comment because of the pending litigation.)

The exam began at just before one in the morning and took a little over an hour. When it was over, Williams told Kevin that he had failed. (Today, Fox's legal team says that the results were at best unreliable.) As for the murder of Riley, "You did it," the lawsuit quotes Williams as saying. "It's all right to say you did it." Melissa, who was also told that Kevin had failed, demanded to see the results. She was led into Kevin's room where, she claims, Williams showed her a computer screen. "See all that red?" she quotes him as saying. "That's ‘failed.'"

 

[Maddy's Mom]

I think it's quite admirable that the prosecutors are more concerned with a criminal conviction than a lame civil suit.

If only that were the case and they were out there looking for the actual murderer. They were proven wrong. Period. And to this date they have not admitted they made a mistake, nor have they attempted to find the real killer.

 

[Maddy's Mom]

Do u know Melissa?? How does she go back and forth? She has been by his side through thick and thin since their teen years, NEVER has she waivered in her trust in Kevin. Melissa is an innocent victim in this entire situation. :furious: U need to keep quiet about things u know nothing about.

Good post, CS. She has stood by him the entire time and if she was waivering at all, I am sure the pro-defense media on this case would love to point it out. Obviously, there is nothing to point to since she stands by her man.

 

[Maddy's Mom]

http://www.chicagotribune.com/news/local/northwest/chi-foxboth21nov21,0,7047215.story

Raskin said Williams tried to create a numerical score of Fox's test about two weeks after he gave it, and after the Foxes filed their federal civil rights suit, but plugged in the wrong data. Shown one set of Williams' calculations, Raskin said: "I think it was fabricated....I've never seen anything like it in all of my career."

OMG!!! He actually tried to load the wrong info into the computer in order to get a false result and he is still employed?? If I altered something like that on my job, I would be terminated. Thank God these things are not admissable in court, considering you are basically at the mercy of the examiner.

 

[Maddy's Mom]

29. Mr. Fox was told that a polygraph test was “absolutely reliable” and “good evidence” in Illinois, that if he took the test and passed, he would be cleared of any involvement in his daughter’s death, otherwise, he would be charged with first degree murder. Kevin Fox was never told that polygraphs are not admissible in Illinois and have never met threshold requirements of reliability.

30. The Defendant, Richard Williams, told Kevin that he had given “thousands of polygraphs” and “never made a mistake.” A thorough review of Mr. Williams’ credentials as a polygraph examiner were not investigated prior to using him on this assignment.

31. During the polygraph exam, Defendant, Richard Williams, used polygraph equipment that is well-known to give incorrect results and is not even used by many police departments.

32. After the exam, Defendant, Richard Williams, yelled at Kevin Fox, “you did it. It’s alright to say you did it.” At best, the test results were inconclusive and highly questionable.

Just how much are they allowed to lie for the purposes of their investigation? The twisting of the facts in order to get him to talk seems a bit overdone in this case!

 

[golfmom]

Good post, CS. She has stood by him the entire time and if she was waivering at all, I am sure the pro-defense media on this case would love to point it out. Obviously, there is nothing to point to since she stands by her man.

MM, one thing that really puzzles me is how the detectives relied on Melissa to disregard the attorney's letter requiring his presence at any questioning IF they felt that Melissa had concerns regarding Kevin's involvement.

How can someone else waive your rights for you? Why would LE let someone who might be adversarial waive rights?

Obviously they were concerned enough about the letter to request legal advice, unfortunately, the person they went to for that advice "forgot" what they talked about. :crazy: