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

[golfmom]

Guilfoyle's

Boy I bet the Sheriff's guys are really sorry the interview with Tyler was taped. At the end of it Tyler was balled up in a fetal position and screaming "I want my dad!!!" And even after that Guilfoyle had the balls to say Tyler told him afterwards that he was afraid of his dad. But of course, that was not on video or audio tape, and of course there were no notes made of it.

After all, "You can never trust a gal named Stew."

Surely if Guilfoyle really felt that they had probable cause after Tyler's interview he would have protected those original handwritten notes. That really could have been the lynch pin of the case and he wadded them up and tossed them in the garbage. :doh: Makes me wonder if they even existed?

 

[golfmom]

http://www.suburbanchicagonews.com/heraldnews/news/670095,4_1_JO28_FOX_S1.article

The trial in the civil case began Nov. 6 and could continue for several more weeks.

A second juror was excused due to illness Tuesday, so the jury is now down to 10 people. Federal cases can be legally heard by fewer than a dozen jurors.

 

[golfmom]

WC sheriff's deputy Guilfoyle still believes Kevin Fox murdered his daughter Riley.

With several weeks still left to this trial, this is what I believe:

1. In WC if you don't like a coroner's results, you can just change it. The severity of Riley's injuries were minimized AND the time she was in the water was altered to suit detectives theories. Extra points awarded if you actually can testify to those misrepresentations with a straight face.

2. If a detective in WC is concerned that physical evidence will not suit his theory, he is free to bury it to attempt to make sure it never sees the light of day.

3. If the physical evidence has a chance of resurfacing due to a judge's orders, just misdirect it to try and make sure it gets lost. Extra points are awarded for lying and saying you were just waiting for the FBI to conclude their tests when you know that you canceled the tests in question.

4. If physical evidence is compromised in any way, it's no big deal and you don't have to report it. It's the "God made dirt, and it don't hurt" defense.

5. It doesn't count when polygraphers lie and doctor reports.

6. If an attorney sends a letter telling you that they are representing a client, you are free to ignore it and promptly forget its existence. If you seek legal counsel regarding the letter, immediately forget that too.

7. When interviewing/investigating it is very important that all original, hand-written notes be shredded. You don't want any pesky attorneys questioning your reports or integrity. Bonus round guaranteed if you bully a 6 year old child.

8. If there is any exculpatory evidence, deny ... deny ... deny ... if you deny it, then it doesn't exist.

9. If there is anything that may disrupt your timeline or theory it is important that you immediately disregard said information and pretend that you know nothing about it. Never investigate evidence that supports your position, you might find out the clocks don't run on time.

10. It is perfectly o.k. for a surveillance tape to show up on an evidence log a year after the fact. No one will notice or care, or even wonder where that tape has been or why it wasn't logged in when it was received.

11. If DNA testing does not support your theory, you are immediately required to loudly declare you were right and the tests don't prove anything. Repeat frequently. It is dept. policy to never admit you were wrong.

12. If you don't have probable cause, you are free to declare that you do and make up anything you want to ensure that you get your arrest.

 

[genecam]

GM, you forgot one:

13. If any or all of 1 through 12 above don't work, remember you can always "blame it all on the dead guy." He's not here to refute it and he can't be cross-examined, and it's been 7 months since he died, so everyone will forget that we practically canonized him then.

Integrity, morals and intelligence do NOT seem to be qualifications for becoming a Sheriff's Deputy in Will County. In fact they seem to be looking for people who lack these qualities.

I am reminded of the now infamous quote attributed to Sen. Hillary Rodham Clinton earlier this year on her assessment of Gen. David Petreus's testimony before Congress on the situation in Iraq.

To use it in context here: I think for the jury to find for the defense in this case, each and every one of them would have to embark on a journey of "willing suspension of disbelief."

 

[golfmom]

Well, the list is a work in progress. I'll be interesting to see if they do take that strategy and throw Ruettiger under the bus.

 

[Maddy's Mom]

This is just so disturbing!! Everything they say has been proven wrong or fabricated somewhere along the way yet they are still using the so-called conversation w/ Tyler that NO ONE ELSE HEARD so that they don't have to admit they were wrong.

If Kevin hit Riley on the head w/ a cheap door and was stupid enough to think he killed her to the point that he really DID kill her and "stick his finger in her vagina to make it look like an assault", then he comes home and decided to wash his clothes and lo and behold his deep sleeper of a son wakes up and sees him washing clothes, then wouldn't Kevin also be stupid enough to just kill Tyler too? After all, he went to all the trouble of killing Riley to cover up the BUMP ON HER HEAD, why not just get rid of the witness too? All he had to do was say that someone took BOTH his kids.

THIS IS SO COMPLETELY ASININE!!!

 

[Maddy's Mom]

Has anyone seen the taped "confession"? Is anyone ever going to get to see it?

http://www.suburbanchicagonews.com/heraldnews/news/670095,4_1_JO28_FOX_S1.article

"Fox's confession has not yet been introduced to the jury and was called "a delicate area" by Darrah."

Zellner has seen it. She said it is basically him mumbling through questions that the detectives were feeding him. He doesn't actually make a coherent sentence.

LE: "So you hit her head with the door, is that right?"
KF: "Uh-Huh"
LE: "And then you took her to the creek, right?"
KF: "Uh-Huh"
LE: "And you placed her body into the water."
KF: "Yes"

And so on.

 

[genecam]

Well, the list is a work in progress. I'll be interesting to see if they do take that strategy and throw Ruettiger under the bus.

Actually, it sounds like Kaupus is trying to throw Guilfoyle, Swearingen and Wachter under the bus, to quote from the HN article:

"Kaupas was questioned by Fox's attorney Kathleen Zellner about his involvement with the investigation and whether he'd authorized several statements made early in the investigation by the department's spokesman indicating the girl's death was an isolated incident."

"Kaupas denied authorizing such statements and said he believed when Kevin and Melissa Fox met with detectives on the night of Kevin's arrest, it was going to be similar to other interviews that had been conducted during the investigation."


"'Would you agree that between June 6 and Oct. 26 there was not sufficient evidence to lead to Kevin Fox's arrest?' Zellner asked."


"'At that point, not that I'm aware of, no,' Kaupas replied."

In the Tribune article reporting his testimony, Kaupus said he does not micromanage employees in his department, since he has over 500 employees in his department.

In a case of this magnitude, you would think he would be aware of what his investigators were doing and, if he were a good manager, receiving regular status reports from them. After all, it was a death penalty case with nationwide publicity.

Looks like Kaupus, the decorated Marine Vietnam veteran, doesn't believe in "the buck stops here." He seems awfully quick to put the blame on someone else to save his own skin. I believe he did that in the infamous Operation Sleepover case also.

 

[golfmom]

In the Tribune article reporting his testimony, Kaupus said he does not micromanage employees in his department, since he has over 500 employees in his department.

In a case of this magnitude, you would think he would be aware of what his investigators were doing and, if he were a good manager, receiving regular status reports from them. After all, it was a death penalty case with nationwide publicity.

Looks like Kaupus, the decorated Marine Vietnam veteran, doesn't believe in "the buck stops here." He seems awfully quick to put the blame on someone else to save his own skin. I believe he did that in the infamous Operation Sleepover case also.

Well, poo-poo runs downhill and we've slowly seen the blame shifted further down the food chain. Either Kaupus was completely clueless and manipulated by his employees or he is deliberately denying knowing what was going to cover his A$$.

 

[Maddy's Mom]

Was it Kaupas or Tomczak who supposedly said on the night of his arrest that he "could get the kid a deal if he would just confess"?

I would like to see that brought up in court to see if that is denied as well. Who am I kidding? Of course it will be denied by the person who supposedly said it. But per the detectives, they will most likely say it was said and written in stone, only they lost the stone. Oops!

 

[golfmom]

Was it Kaupas or Tomczak who supposedly said on the night of his arrest that he "could get the kid a deal if he would just confess"?

I would like to see that brought up in court to see if that is denied as well. Who am I kidding? Of course it will be denied by the person who supposedly said it. But per the detectives, they will most likely say it was said and written in stone, only they lost the stone. Oops!

Don't forget about their little buddy disgraced Phil Mock.
He was way up in the mix at that time playing politics.

Believe or not, I think they put the stone through their handy-dandy paper shredder along with all the original notes.

 

[genecam]

Don't forget about their little buddy disgraced Phil Mock.
He was way up in the mix at that time playing politics.

Believe or not, I think they put the stone through their handy-dandy paper shredder along with all the original notes.

Oh yeah, I forgot about Phil Mock. He was actually the prosecutor in the criminal case before the charges against Kevin were dropped.

Since the list is still a work in progress, how about adding:

14. And if you can't blame it on the dead guy, blame it on Phil Mock. After all, he tried to swing a deal to let a child rapist go free. Maybe old Phil even knows who killed Riley.

 

[genecam]

Things are getting pretty testy. Looks like Officer Guilfoyle is being hoisted on his own petard.

More about playing hide and seek with the evidence and shredding notes 8 months after the law became effective mandating that they be retained.


http://www.chicagotribune.com/news/local/chi-foxweb28nov29,1,6212160.story?ctrack=1&cset=true

I am amazed the defense is still fighting this case.

 

[golfmom]

Interesting ....

Guilfoyle said the law had not yet gone into effect, but Illinois law books indicate it went into effect on Nov. 19, 2003.

Zellner also noted Guilfoyle's June 22, 2004, report about what Tyler told him was approved by Sgt. Edward Hayes, another defendant who was not part of the department's detective unit at the time. He began supervising the case in October 2004. Guilfoyle said Hayes was pulling "double duty" at the time.

Zellner also noted that the report of the alleged statement by Tyler was turned over to the defense in April 2005, about 10 months after the alleged statement was made. Prosecutors in the case said they turned over all material as soon as they received it, Zellner said.

We can add some new items to the list:

15. If you don't like the law, just ignore it or pretend you didn't know about it. As a detective surely everyone will believe your story that you were just ignorant of the law.

16. If you decide to have someone approve a fabricated report, make sure he is actually working on the case at the time. Asking someone to sign off on a report that was supposed to be generated 3 months before he started working, just looks a wee bit shady.

17. If you want make something up for evidence in a trial, it's a good idea to give it to the prosecutors in a timely manner. Huge delays in producing fabricated evidence cause red flags for defense attorneys.

 

[golfmom]

This issue just aches at me. Why didn't WC Sheriff's utilize the FBI services?

http://www.fbi.gov/hq/isd/cirg/ncavc.htm#casmirc

Child Abduction and Serial Murder Investigative Resources Center (CASMIRC)

The Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center (CASMIRC) was established as part of Public Law 105-314, the Protection of Children From Sexual Predators Act, passed by Congress on October 30, 1998. The legislation provides that the Attorney General shall establish within the FBI's NCAVC a CASMIRC in order to provide investigative support through the coordination and provision of federal law enforcement resources, training, and application of other multidisciplinary expertise, and to assist federal, state, and local authorities in matters involving child abductions, mysterious disappearances of children, child homicide, and serial murder across the country. Therefore, the overall strategic goal of CASMIRC, as set forth in the legislation, is to reduce the impact of these crimes.

Additionally, CASMIRC has been tasked to accomplish the following:


improve the investigation of major violent crimes through the establishment and coordination of CASMIRC with federal, state and local authorities;
provide, if requested by a federal, state, or local law enforcement agency, on-site consultation and advice;

establish a centralized repository based upon case data reflecting child abductions, mysterious disappearances of children, child homicides, and serial murder submitted by state and local agencies;

increase the efficiency of the FBI's NCAVC as an operational entity designed to provide operational support functions to any law enforcement agency confronted with a child abduction, mysterious disappearance of a child, child homicide, or serial murder;

improve the behaviorally based operational support services provided by the FBI in an attempt to reduce incidences of violent crime;

identify and prioritize those areas of research necessary to address existing and emerging violent crime problems in the areas of child abductions, mysterious disappearances of a child, child homicide, and serial murder;

and,
provide, in coordination with the National Center for Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention, appropriate training to federal, state, and local law enforcement in matters regarding child abductions, mysterious disappearances of children, and child homicides.

 

[golfmom]

I haven't even read the whole article yet! Bahhahahahahahhha ....

http://www.suburbanchicagonews.com/heraldnews/news/672737,4_1_JO29_FOX_S1.article

CHICAGO --
On the 12th day of the Fox case, the court witnessed
12 objections overruled,
11 objections sustained,
10 remaining jurors,
nine people watching,
eight individual defendants,
seven sidebars,
six press reports,
five witnesses,
four supervisors referred to,
three meetings between a detective and a boy,
two motions for mistrial
and a confrontation just outside the courtroom.

 

[Maddy's Mom]

After Guilfoyle concluded his testimony, several witnesses said he was approached outside the courtroom by an angry Kevin Fox. Guilfoyle said he was uncertain if he was allowed to comment on the incident.

http://www.suburbanchicagonews.com/heraldnews/news/672737,4_1_JO29_FOX_S1.article


I wonder what Kevin said to him? Good for him. Probably not the smartest thing to do, but it just reassures his lack of involvement in this crime, IMO. If Kevin had done anything wrong in the first place, he would keep his mouth shut and stay out of the way.

 

[Maddy's Mom]

I haven't even read the whole article yet! Bahhahahahahahhha ....

http://www.suburbanchicagonews.com/heraldnews/news/672737,4_1_JO29_FOX_S1.article

CHICAGO --
On the 12th day of the Fox case, the court witnessed
12 objections overruled,
11 objections sustained,
10 remaining jurors,
nine people watching,
eight individual defendants,
seven sidebars,
six press reports,
five witnesses,
four supervisors referred to,
three meetings between a detective and a boy,
two motions for mistrial
and a confrontation just outside the courtroom.

That opening cracked me up! Must be getting boring in the courtroom for him to think this up! Or he is just in the holiday spirit! LOL

 

[Maddy's Mom]

Things are getting pretty testy. Looks like Officer Guilfoyle is being hoisted on his own petard.

More about playing hide and seek with the evidence and shredding notes 8 months after the law became effective mandating that they be retained.


http://www.chicagotribune.com/news/local/chi-foxweb28nov29,1,6212160.story?ctrack=1&cset=true

I am amazed the defense is still fighting this case.

Unfreaking believable! How can a law enforcement person claim ignorance of the LAW? It is their job to know it!

That was a good article, very well written.

The defense needs to stick their tail between their legs and fess up here. This is such a waste of tax payer money. They know they were wrong and just need to admit it. I have heard of talks of settlements but the family supposedly refused them. Probably in an effort to make the public aware of just how jacked up this case is.

 

[Maddy's Mom]

Will County Sheriff's spokesman Pat Barry was questioned about several statements he made to the media soon after Riley's death. Barry acknowledged he'd said, "There's a question whether she was abducted or not," from talking with the supervisors on the case.

Barry said he does not talk with detectives directly involved in a case.
"But you talk to the supervisors who get that information from these detectives," Fox's attorney Doug Johnson asked. Barry replied that was true.

http://www.suburbanchicagonews.com/heraldnews/news/672737,4_1_JO29_FOX_S1.article

Check and Mate. I really dislike Pat Berry but he really helped here. He just proved they targeted Kevin from the get-go.