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

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BREAKING NEWS: reported three defendant's dropped -- one detective, the polygraph examiner, and WC Child Advocacy representative.
 
Well, from the Trib's report:

"You should not speculate as to why they have been dismissed," Darrah told the jury hearing the case, which is in its sixth week.

None of the defendants was dismissed on a legal motion before the court. Kathleen Zellner, attorney for Kevin Fox and his wife, Melissa, would say only that there was "a resolution" to claims against them. Defense attorneys declined to comment.


Well, I'm not a juror and am free to speculate ... sounds like those defendant's cried "UNCLE" and the others are continuing spinning their lies.

Also in the article it looks to me like Hayes pulled out a length of rope and is hanging himself. Denying telling the FBI to stop testing all the evidence makes every statement that comes out of his mouth suspect!!!!!
 
I'm still shaking my head over Hayes disputing that he cancelled the tests despite Brendan Shea of the DNA Analysis Unit of the FBI Lab at Quantico testimony to the contrary.

He tested and testified on the following two very high profile cases:
John Allen Muhammad
Vladimir Arutyunyan

Does Hayes seriously believe that anyone will believe him over an FBI specialist? He might as well have tattooed LIAR across his forehead.
 
Well, this morning's news reports are merrily filled with non-news once again. I wonder if on cross KZ addressed the lengths Hayes went to hide the DNA evidence?

From the Sun-Times: http://www.suntimes.com/news/metro/695337,CST-NWS-foxweb13.article
Hayes also said he and other detectives were incredulous about Fox's initial statement during the interrogation that someone snuck into his house, took Riley, stole his car keys and drove his daughter to the creek.

"It just didn't make sense," he said.

Like that's never happened before.

The Sun-Times STNG group of reporters studiously avoided mentioning anything about Hayes canceling FBI tests. Well, if they had mentioned anything regarding those tests, it would have been a big surprise to all their readers, because they forgot to mention Brendan Shea's testimony to begin with. I have to wonder if they just don't understand the importance of that testimony, or just don't want to report it because it looks bad for WC.

The Daily Herald made an appearance in this mornings news reports.
http://www.dailyherald.com/story/?id=94527&src=4
The defense also called its own expert, Kenneth Lanning, a retired 30-year FBI investigator who now works as a consultant. He told jurors that it's his opinion detectives acted reasonably in suspecting Kevin Fox, given several aspects of the crime.

Of course they acted reasonably in suspecting Kevin. Everyone should have been investigated. However, IMO these detectives picked their suspect and never wavered in their Baghdad Bob investigation of him. After a bit of googling, Lanning's claim to fame is a book on Satanic/Ritualistic Abuse of Children.

Additionally the DH adds:

Detectives argue they had probable cause to arrest Fox even before he confessed. They said Fox was the last person to see Riley alive; his young son told them he saw Fox leave the house with her; his story changed during the interrogation; and surveillance footage from a service station showed a car that resembled Fox's.

Well, now we're getting somewhere. Someone has finally reported what exactly the detectives considered PC.
1. He was the last known person to see Riley alive (True);
2. Tyler told them Kevin left house with Riley (uh ... 6 year old, no real documentation to conversation, serious concerns about backdating/manufacturing this evidence.)
3. Story changed (IDK)
4. Surveillance footage (inconclusive and suspect)

So the only clear and convincing PC is that Kevin was the last person to have seen Riley alive.
:rolleyes:
 
I was rereading today's articles and noticed that Lanning, really hasn't helped the detectives in his testimony. He's stated that they had probable cause to suspect not probable cause to arrest. I think it's interesting that the detectives had to get a hired gun to try to back them up when their own boss, WC Sheriff, testified that there wasn't probable cause.

http://www.suntimes.com/news/metro/695337,CST-NWS-foxweb13.article

In other testimony, Kenneth V. Lanning, a former FBI agent now serving as a forensic consultant, said that authorities had probable cause to initially suspect that Fox could have killed his daughter.

The fact that Riley was found in a nearby creek quickly and easily, he said, indicated that the killer was probably not well organized in terms of hiding the body.
 
All the probable cause and beyond reasonable doubt type testimony got me thinking ... If the detectives shift their defense upward on to their supervisors and the DA office, they may be able to show that they were "just following orders." So, far we haven't even heard Tomczak's name mentioned in the news reports.

http://findarticles.com/p/articles/mi_qn4155/is_20050618/ai_n14689186

Glasgow's court motion asked for Fox's release "in the interests of fairness and justice" because DNA samples from Kevin Fox "excluded Kevin Fox" as the source of DNA evidence recovered from the girl's body.

Such comparisons were not done by Glasgow's predecessor Jeffrey Tomczak during the five months between the June 2004 murder and Kevin Fox's arrest in October, according to Glasgow's motion.

"The people lack the probable cause to continue to hold him on these charges and would be unable to meet our burden of proof of beyond a reasonable doubt," Glasgow told Rozak.

Tomczak's office sent DNA evidence recovered from Riley's vagina and a sample of DNA from Kevin Fox to the FBI laboratory for comparison last June, but the lab never did the tests and the prosecutors did not follow up, said a source close to the investigation.

Ex-prosecutor didn't do DNA test

Glasgow, a Democrat who defeated Tomczak in the November election, did not directly criticize his Republican predecessor but suggested he had dropped the ball in the investigation by sending the samples to the FBI lab, which is known for its backlog of work, and for failing to question why the lab never completed the tests.

"In a case where you need a quick turnaround, that's not where you send the evidence," Glasgow said.

Glasgow took pains to point out that Tomczak had sought the death penalty for Kevin Fox.

------
Will County Sheriff Paul Kaupas attended a news conference with Glasgow but declined to answer questions after delivering a short statement saying that "based on probable cause and the advice of the former state's attorney, the Will County sheriff arrested Kevin Fox."
 
OMGosh ....

http://www.chicagotribune.com/news/local/chi-fox_webdec14,0,4622074.story

"We were not aware the law existed," Deputy Chief Nick Ficarello testified in federal court during a trial to determine whether detectives tried to railroad Kevin Fox for his daughter's killing. "We didn't believe the law was violated at that time, because we were unaware of the law as it pertained to handwritten notes."

OK, that explains everything ... they just didn't know about the law so it shouldn't apply to them.

He confirmed that he brought 20 to 30 hamburgers to the overnight interrogation on Oct. 26-27, 2004, that ended in Fox's arrest. Officers who weren't directly participating watched the interrogation on a video monitor, according to trial testimony.

"Police like doughnuts, and police like hamburgers, and when you need something to eat, it's much more convenient to have the hamburgers and doughnuts there with you," Ficarello said, adding that someone else brought doughnuts.

He said a detective asked whether he could offer Kevin Fox a hamburger during the interrogation and said he could. During his deposition, Ficarello said he did not know whether food was offered to Fox, Johnson said.

Did he just testify to what I think he did? Did he honestly admit that they turned this into some sick Superbowl event? 20-30 hamburgers plus donuts???? It's the cops like donuts and hamburgers defense! And since they were all sitting around watching this on video monitors ... didn't it occur to anyone to pop a freaking VHS tape in?
 
Love the spelling/typing errors -- I'm surprised they stopped at burgers and donuts ... why not some buffalo wings & beer?
Photo of Nick Ficarello at link:

http://www.willcosheriff.org/pages/Administration/CommandStaff.htm

Deputy Chief Nick Ficarello is currently in charge of the Special Operations Division, which covers general, narcotics, gang, and fugitive warrant investigations, along with homeland security. He has been employed by the Will County Sheriff's Department since March 1978. Prior to being promoted to Deputy Chief he was a Lieutenant in the patrol division in charge of a contract-policing unit in the Village of Homer Glen. In the past he has served in patrol, the investigations division, the Will County Sheriff's Gang Unit, and the Will County Cooperative Assistance Team in an undercover role.

Deputy Chief Ficarello is a graduate of the F.B.I. Academy class 206 and a graduate of Joliet Junior College. He has recently recieved a Bachelors of Arts degree in Criminal Justice from Govenors State Univeristy and is currently seeking a Masters Degree in Public Administration also from Govenors State.
 
Huge Fireworks in the courtroom.

http://www.chicagotribune.com/news/local/chi-fox14_bothdec14,0,5081942.story

The tape is out, and the defendants are crying foul. IMO, they didn't think it was important enough to present to a grand jury/coroner's inquest then it shouldn't be shown.
"If this were a criminal court, [the tape] would be extremely relevant," Darrah said. "The problem is 'A,' that we're not in a criminal court and that 'B,' we're in a civil proceeding where it has been demonstrated that the statement is incontrovertibly false. . . . We know, as a matter of scientific fact, that he did not do the things he said he did."

---
Darrah said defense attorneys have conceded Fox was under arrest before he made the statement, which was taped to "memorialize" what he had already told detectives so they could present it at criminal proceedings.


Prior motion for mistrial and to have Darrah removed? Wow, I wish I knew what sparked that outburst.


Defense attorneys have formally expressed concern about Darrah's handling of the trial, now in its sixth week. They alleged Darrah accused them "of making misrepresentations." They also said he made "antagonistic comments" to them and "advocated on behalf" of the Foxes.

Darrah this week denied their motion for him to declare a mistrial and remove himself from the case.

"Defendants cannot point to any ruling by the court that shows anything other than a fair and impartial administration of rules of evidence," Darrah wrote.
 
Kind of sounds to me like the defendants had a tantrum in court because they wanted to end with the taped statement and the judge ruled against them.

They were hoping if Tomczak testified they would have been able to show the tape because that was what he used to make his decision to charge KF with the death penalty. The Tomczak factor ended up amounting to a big fat nothing. An affidavit was presented that basically said "I know nothing, I see nothing, I hear nothing .... NOTHING!" HN is reporting that the judge hasn't made his final determination on the tape and will watch it before deciding.


http://www.websleuths.com/forums/newreply.php?do=newreply&noquote=1&p=1850480

Tomczak's affidavit

After testimony from Kenneth Lanning, a former FBI agent specializing in cases involving the sexual victimization of children, and Nick Ficarello, Will County's deputy chief of the Special Operations Bureau, the defense presented the jury with an affidavit from former state's attorney and former defendant Jeff Tomczak.

Tomczak said other than attending a meeting the day after Riley's death, he had no involvement or knowledge of the investigation until the morning after Kevin Fox's arrest.

One of the factors in Tomczak's decision to continue Fox's prosecution was his review of the videotaped confession.

Defense attorneys hoped the affidavit would help allow them to show the taped confession to the jury.

So it appears the defense ends with a whimper. I was waiting on all the "top flight scientists" that Halycon insisted were going to convince everyone that Kevin was guilty. Instead we were treated to hamburgers and donuts.

KZ recalled one witness to the stand. After everyone waiving around their fingers all week, Denton got up and gave them the finger back.


Rebuttal witness

Fox's attorney called one rebuttal witness, Scott Denton, the pathologist who performed the autopsy on Riley Fox.

Denton repeated his earlier testimony that the sexual injuries to the 3-year-old were "severe" and had no recollection of using his fingers to indicate what could have caused those injuries.

Closing arguments will begin Monday.
 
So it appears the defense ends with a whimper. I was waiting on all the "top flight scientists" that Halycon insisted were going to convince everyone that Kevin was guilty. Instead we were treated to hamburgers and donuts.

KZ recalled one witness to the stand. After everyone waiving around their fingers all week, Denton got up and gave them the finger back.


Denton repeated his earlier testimony that the sexual injuries to the 3-year-old were "severe" and had no recollection of using his fingers to indicate what could have caused those injuries.


Well, I am certainly happy to see they recalled Denton to dispute the finger theory. It just amazes me how well these coercers work together to concoct all these falsehoods.

I think that burgers and donuts guy only could have hurt the defense side. He basically admitted they knew they were settling in for a long night of interrogating, and brought enough snacks and food for everyone. They have been claiming all they wanted to do was "ask Kevin a few questions", and his demeanor turned it into an interrogation.

He admitted they all say in the next room and watched it all unfold on a video monitor, yet they weren't actually recording what they were watching.

And the best part, he doesn't expect his law enforcement officers to actually be aware of the laws they are supposed to uphold and enforce. This gas bag is full of it!!
 
Well I guess I don't have to say anything further about Will County law enforcement being a bunch of lazy, incompetent thugs who couldn't investigate their way out of a paper bag. I think they said it all themselves.

After the testimony of the detectives, the Chief Deputy Sheriff (the hamburger and donut guy), the clueless Sheriff, the State's Attorney and the Former First Assistant State's Attorney, I don't think anyone could ever say these guys were well-intended, concerned about the community they live in, and made just a few, minor unintentional mistakes. Even looking through the most expensive pair of rose-colored glasses, I don't think any logical, reasonable, realistic person could say that.

Kevin Fox called them evil people. That, too. And I am sure Kevin does not think Ruettiger is in the same place as Riley.

And we now all know, too, that nobody in Will County is looking for Riley's killer. Maybe the outcome of this trial will force Will County to turn the investigation over to the Illinois Attorney General. However, I fear that these thugs have f----d up this case so badly, and the trail is so cold, that there is little chance Riley's killer will be found. And that's really the ending here. How sad.
 
And we now all know, too, that nobody in Will County is looking for Riley's killer. Maybe the outcome of this trial will force Will County to turn the investigation over to the Illinois Attorney General. However, I fear that these thugs have f----d up this case so badly, and the trail is so cold, that there is little chance Riley's killer will be found. And that's really the ending here. How sad.

Well, they could consider laying off the donuts and hamburgers and instead order the extraction of the "regular" DNA to be submitted to CODIS.
 
Well, they could consider laying off the donuts and hamburgers and instead order the extraction of the "regular" DNA to be submitted to CODIS.

Donuts and burgers are very addictive for cops. These guys will need many months of rehab and a 12-step program before they can even get back to a desk job, alley patrol, or other minimal police duties let alone dealing with something as sophisticated as DNA. CODIS is way out of their league intellectually.
 
:laugh:
Donuts and burgers are very addictive for cops. These guys will need many months of rehab and a 12-step program before they can even get back to a desk job, alley patrol, or other minimal police duties let alone dealing with something as sophisticated as DNA. CODIS is way out of their league intellectually.

My thought was that it was out of their budget since they're so busy defending themselves from civil lawsuits (yes, that is plural) ... and need the Foxes to pay for that as well.
 
The Trib published a great article outlining the trial to date.

http://www.chicagotribune.com/news/local/chi-fox_bd_16dec16,1,4772636.story?page=1

......

When mulling whether the tape would be shown, Darrah posed a question the jury will decide.

"If you have a voluntary, un-coerced statement that we know as a matter of scientific fact is 100 percent dead false, how do you explain its being made?" he asked.
 
The Trib published a great article outlining the trial to date.

http://www.chicagotribune.com/news/local/chi-fox_bd_16dec16,1,4772636.story?page=1

......

When mulling whether the tape would be shown, Darrah posed a question the jury will decide.

"If you have a voluntary, un-coerced statement that we know as a matter of scientific fact is 100 percent dead false, how do you explain its being made?" he asked.

I have to say, I love this judge. I just love him! He may swing a bit to the Foxes side of the fence, but that could be because he realized just what a crooked line the LE in this case have walked.
 
I think that goes to the heart of proving that Kevin's civil rights were violated. There is just no logical way to explain away why Hayes canceled the DNA testing. :snooty:

http://www.chicagotribune.com/news/local/chi-foxweb17dec18,1,3529742.story
....
Proof of their knowledge, Kathleen Zellner said, was an alleged order by Sgt. Fred Hayes to stop DNA testing a week after Fox's arrest. He was freed on the basis of DNA evidence after spending eight months in jail.

"Why in the world would Detective Hayes stop the DNA testing as soon as they have Kevin Fox's statement?" Zellner asked the five-man, five-woman jury. "There can be only one explanation for that. They knew he was innocent."

She added: "They knew exactly what they had done, and when you think about that, that is absolutely unbelievable in a democratic society."
...
 
http://www.dailyherald.com/story/?id=97162

The detectives' attorney, Robert Smith, urged jurors to reach a verdict based on the law, not vengeance or sympathy for a couple who have suffered an undeniable loss - the violent slaying of their little girl. Smith argued the detectives had probable cause to arrest Kevin Fox and acted reasonably in their investigation.

"They have spent their entire lives in law enforcement - a job that pays close to nothing and takes them away from their families and puts them in danger," Smith said at the beginning of his closing argument. "You don't think they go to bed seeing those homicides in their minds?
 
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