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

[genecam]

There is a rather lengthy article chronicaling Riley's story in this month's Chicago magazine. It affirms what we already know and also offers additional insight into Kevin and Melissa's thoughts and feelings. I found it extremely interesting. The reporter even got Pat Berry to admit that Kevin should have been released when the DNA cleared him. Of course, most of the others who were contacted for comment refused because if the pending lawsuit.Those in the area can pick it up at Walgreen's.
Genecam- beware because it will leave you even more angry at the detectives in this case than before.

I went to Walgreens at lunchtime and got a copy and read it over lunch. A very compelling read but, as you said, not much new. I did not read Pat Berry saying Kevin should have been released when the DNA cleared him. I read a sentence stating he still defended the work of the detectives.

I am not any angrier at those thugs than I was before. However, I hope, more than ever, that Kaupus and all of them join Tomczak in the unemployment line after the November election. I can't think of any job appropriate for them. The immediate cliches are insulting -- garbage collectors and dog-catchers are honorable people in honorable professions.
Kaupus and the detectives belong in jail. Hopefully they will be, with the threat of each of them being *advertiser censored***d everyday and taunted by the guards. It's a shame they won't have to personally pay the millions that the Fox family wins in the civil suit. I hope it's at least $10 million. Unfortunately, no amount of money will bring Riley back or make up for the horrible way she died, but the family deserves every penny for what LE put them through. This was one of the worst cases of LE misconduct and abuse of authority that I have ever heard of. It rivals the Nicarico case.

The article does, however, reinforce my opinion that the case will never be solved due to the way the investigation was botched. Certainly Will County LE will never solve the case, and I doubt that they even want to. And the article also reinforces my opinion that the supposedly "new" investigative team is irrevocably compromised due to the overwhelming conflict of interest they have in not wanting the defendants in the civil suit look any worse than they already do. An acquaintance of mine who is an Assistant U.S. Attorney in Chicago said that there is no way Will County will ever let this case go to trial, and that they would have to be nuts not to settle it before then. However, they will drag it out until after the election. If they settle before then, Kaupus and the detectives are even deader ducks than they are now. I think the tape of Tyler being browbeaten by Mary Jane Pluth is probably worth about 5 million bucks in and of itself.

 

[genecam]

Does anyone know if the Grand Jury that was impaneled to receive evidence in this case is still in session? Have they received any evidence from the fresh, new team of investigators that Glasgow formed after the old one was discredited? Or is their focus still totally on "vigorously" defending the civil suit? Maybe it's time for Glasgow to turn this case over to Illinois Attorney General Lisa Madigan, or would that also compromise Will County's defense against the civil suit. That seems to be the primary basis for any decision Will County LE makes on this case anymore.

I read recently where Gerald Haberkorn, the lawyer representing Will County and the thugs who wrongfully incarcerated Kevin, won an "Attorney of the Year" award from some lawyer's professional group. The article was accompanied by all sorts of testimonials from clients and fellow lawyers. From reading them you would think this guy could walk on water. However, I think he will need an even greater talent than that to get the Foxes to settle for less than $10 million. If he's as brilliant as everyone says, he's got to be smart enough not to let this go to trial. However, if he's blinded by his own arrogance, it could likely be a case of -- the bigger they are, the harder they fall (THUD!!!)

 

[golfmom]

However, I think he will need an even greater talent than that to get the Foxes to settle for less than $10 million. If he's as brilliant as everyone says, he's got to be smart enough not to let this go to trial. However, if he's blinded by his own arrogance, it could likely be a case of -- the bigger they are, the harder they fall (THUD!!!)

Rolando Cruz and the DuPage 7. :razz:
http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/cruz.htm
Overwhelming prosecutorial and police misconduct and after a long and painful trial ...

"In the aftermath of the Cruz trial, a special grand jury indicted four sheriff's deputies and three former prosecutors for their roles in the Cruz case. Charges included perjury and obstruction of justice. Although a DuPage County jury acquitted these men of those charges, the County later agreed to pay $3.5 million to settle the civil rights claims that Cruz, Hernandez, and Stephen Buckley (a third defendant who had been charged in the crime) had filed in federal court."

 

[Bobbisangel]

Not surprised Southwood has been cleared by that particular DNA. As I mentioned ad infinitum, it's artifact and meaningless to the case. If anyone has info to the contrary, please post it.

I saw that news clip and had to kinda chuckle about Melissa's comment that cops have lost interest. I sincerely doubt that's true. In fact in cases like this, where a defense/civil attorney has pulled tricks to distract from justice, cops, lab techs and prosecutors redouble their efforts. And when a child is the victim, particularly in such an egregious manner of death as befell Riley, they will never give up.

All of which means, Kevin shouldn't stop looking over his shoulder. He could be brought back into custody at the snap of a finger.

Kevin was cleared by DNA and that is as good as it gets. If the Pros hadn't been so anxious to put him in jail the DNA would have been tested before anyone was arrested but with elections and all coming up he got in a big rush.
If the cops hadn't been so anxious to hang Kevin they would have seen to it that the DNA was tested first but oh no, they did it their way and ended up with egg on their faces.

I don't blame Melissa for feeling that Riley's case isn't being worked. Nothing has happened. The real killer walked away with a smile on his face knowing that the cops had it in for Kevin and weren't looking at anyone else. That is always a mistake...tunnel vision. The killer is probably long gone and has murdered another little girl by now. Thanks to dirty cops.

 

[genecam]

This reminds me of a case from years ago . . .

Any friend of Zellner should remind her of this case. She's probably going to see history repeat itself.

Any friend of Melissa should remind her not to spend the money she hasn't made yet.

Any friend of Kevin should remind him there's no statute of limitations on homicide. But then, I'm sure he thinks of that daily.

Haly, Haly, Haly. . . (or can we call you Joe) -

No amount of columns in a third-rate newspaper by a fourth-rate columnist will influence the outcome of the civil case in the county's favor or make it go away.

No matter how hard you try to rehabilitate the reputations of Tomczak and your detective friends, they are still lazy, incompetent, evil-minded thugs.

No matter how many times you try to drag Kevin's name through the mud by comparing him with other cases that are totally irrelevant, people will see through this transparent attempt to smear him and his families with lies.

 

[Crimson Sky]

http://www.suburbanchicagonews.com/heraldnews/news/127888,4_1_JO08_CORONER_S1.article


Ex-deputy sues Will coroner over dismissal
SUIT: PROTOCOL VIOLATED IN RAPE, DEATH PROBE


November 8, 2006
By JOE HOSEY staff writer


A former top deputy for Will County Coroner Patrick O'Neil has sued her former boss, accusing him of violating procedure in the politically charged investigation into the rape and death of Riley Fox. Attorneys for Janet Alexander filed the multimillion-dollar federal lawsuit against O'Neil on Monday in Chicago. The suit alleges O'Neil harassed, abused and wrongfully fired Alexander, then orchestrated the creation of false memoranda criticizing her job performance, because she questioned him regarding the Fox autopsy.

 

[Maddy's Mom]

http://www.suburbanchicagonews.com/heraldnews/news/127888,4_1_JO08_CORONER_S1.article


Ex-deputy sues Will coroner over dismissal
SUIT: PROTOCOL VIOLATED IN RAPE, DEATH PROBE


November 8, 2006
By JOE HOSEY staff writer


A former top deputy for Will County Coroner Patrick O'Neil has sued her former boss, accusing him of violating procedure in the politically charged investigation into the rape and death of Riley Fox. Attorneys for Janet Alexander filed the multimillion-dollar federal lawsuit against O'Neil on Monday in Chicago. The suit alleges O'Neil harassed, abused and wrongfully fired Alexander, then orchestrated the creation of false memoranda criticizing her job performance, because she questioned him regarding the Fox autopsy.

"O'Neil ordered Dr. J. Scott Denton to "complete two separate sexual assault kits while conducting the autopsy of Riley Fox's body" in June 2004, according to the suit. This was a "violation of protocol and is not generally accepted procedure for medical examiners and pathologists."

This is interesting. I wonder WHY? Why order 2 separate kits? Hmmm.....

 

[golfmom]

"O'Neil ordered Dr. J. Scott Denton to "complete two separate sexual assault kits while conducting the autopsy of Riley Fox's body" in June 2004, according to the suit. This was a "violation of protocol and is not generally accepted procedure for medical examiners and pathologists."

This is interesting. I wonder WHY? Why order 2 separate kits? Hmmm.....

:waitasec: why would they need a spare? and why would O'Neil go to such extremes to keep that quiet? From other articles I read O'Neil was furious :furious: that Alexander was talking to other county coroners trying to figure out why two kits were taken.

http://www.suburbanchicagonews.com/heraldnews/news/127888,4_1_JO08_CORONER_S1.article

"When O'Neil discovered that Alexander was truthfully answering questions about the Riley Fox autopsy, from that day forward, O'Neil began harassing and abusing Alexander in order to force her to resign," the suit claims. "On several occasions in late 2005, O'Neil screamed insults and profanity at Alexander in the presence of Will County coroner office staff."

O'Neil then "ordered Alexander to stop speaking to, conferring with, or socializing with" coroners and coroners' staff from other counties, and O'Neil heaped even more abuse on her, the suit says.

"O'Neil's abuse was calculated to force Alexander to stop investigating the Riley Fox autopsy, to stop answering questions about the Riley Fox autopsy, to stop associating with coroners from other counties and political parties and to resign," according to the suit.

 

[Maddy's Mom]

Something is definately hinky here. Sounds like he was covering something from the very start. Why would a coroner purposely do such a thing? Unless he was trying to cover for someone specifically. Poor Riley, this whole thing has stunk from the beginning. This little girl deserves to rest in peace.


Thanks for posting the article, Crimson.

 

[genecam]

Another quote from the posted article:

"There was just cause for Janet Alexander's dismissal," Pelkie added. "We plan to defend the lawsuit vigorously and we're certain we are going to prevail in court."

Let's see now - the State's Attorney and the Sheriff are going to pursue the investigation of Riley's murder vigorously; the State's Attorney and the Sheriff are going to defend against the Fox family civil suit vigorously; and now the Coroner's actions in this case have been called into question and they are going to defend against Alexander's suit vigorously.

That's an awful lot of vigor multi-directed. Sounds like they're spread a little thin. And still their primary focus seems to be on CYA rather than catching Riley's killer.

What a motley crew. And the people of Will County re-elected Sheriff Kaupus. How can 80,000 people be so stupid!!?

 

[golfmom]

Another quote from the posted article:

"There was just cause for Janet Alexander's dismissal," Pelkie added. "We plan to defend the lawsuit vigorously and we're certain we are going to prevail in court."

Let's see now - the State's Attorney and the Sheriff are going to pursue the investigation of Riley's murder vigorously; the State's Attorney and the Sheriff are going to defend against the Fox family civil suit vigorously; and now the Coroner's actions in this case have been called into question and they are going to defend against Alexander's suit vigorously.

That's an awful lot of vigor multi-directed. Sounds like they're spread a little thin. And still their primary focus seems to be on CYA rather than catching Riley's killer.

What a motley crew. And the people of Will County re-elected Sheriff Kaupus. How can 80,000 people be so stupid!!?

I swear with all of them being so VIGOROUS it sounds like they've been hanging around with BOB and taking ENZYTE for natural male enhancement.

 

[lisag]

Ok... maybe it's early... maybe I am having a blonde moment... maybe my hormones are still out of wack after having my baby 3 months ago.... but what would it matter if two seperate kits were taken?? I mean, I guess I am looking at it like it's a back up ??? You could never have too much DNA eveidence.. so why would it hurt to have two, three, four, evidence kits (samples)..?? .. somebody explain to me why I am confused!!!???

 

[genecam]

It's not just the fact that two kits were prepared, it's the coverup by the Coroner's office that followed the preparation. The Coroner never revealed that two kits were prepared. Instead, he harrassed and humiliated the employee who disclosed this, and never attempted to give an explanation as to how many kits were prepared and why.

Also, the kits contained the DNA. They had two kits, and they didn't test either one.

This case is very strange. Will County Law Enforcement seems to be engaged in an ever-increasing coverup of something in this case. Why? Is one of them or someone close to one of them, or someone blackmailing one of them involved in Riley's murder somehow?

In many other cases this could be dismissed as another crackpot theory. In this case it's food for thought.

 

[Jenn]

I was just wondering if anyone knows how the Fox family is doing.

 

[tadpole]

I was going to try to put this under Kevin's Civil lawsuit by it has been archived. My question is why isn't anyone talking about Kevin's depositions going on this week and last week? I heard that when the depositions are done, the Judge is going to decide if they case should even be heard in court.

 

[lisag]

I guess I didn't even realize there was anything going on with that right know... If you have any info, post away!

 

[Jeana (DP)]

I was going to try to put this under Kevin's Civil lawsuit by it has been archived. My question is why isn't anyone talking about Kevin's depositions going on this week and last week? I heard that when the depositions are done, the Judge is going to decide if they case should even be heard in court.

Feel free to talk!!

 

[tadpole]

I have no other info. about what is going on. I just have it on good authority that the depositions are taking place. I wish I could be privledged enough to be there are hear everything for myself. I'll try and get some info if I can. Does anyone know what would happen with the case from here?

 

[Jeana (DP)]

I have no other info. about what is going on. I just have it on good authority that the depositions are taking place. I wish I could be privledged enough to be there are hear everything for myself. I'll try and get some info if I can. Does anyone know what would happen with the case from here?

If they're taking depositions, they're still in the discovery phase of the litigation. This could take years. I suspect they'll begin the motions and then prepare for trial.

 

[genecam]

I was going to try to put this under Kevin's Civil lawsuit by it has been archived. My question is why isn't anyone talking about Kevin's depositions going on this week and last week? I heard that when the depositions are done, the Judge is going to decide if they case should even be heard in court.

The judge has already decided - TWICE - that the case can go to trial. First time was in early 2005 when he put it on hold, as Zellner requested, pending the outcome of the criminal charges, as opposed to dismissing it outright as Will County Wanted. Second time was last fall when he again refused to dismiss the case - just dropped Sheriff Kowp-a$$ as a defendant and approved adding former State's Attorney Jeff Tomczak, the hereditary sleazeball, as a defendant.

As Jeanna said, depositions are part of the discovery process, the opportunity for EACH PARTY (not the judge who has already spoken) to decide whether or not to take the case to trial. In this case, primarily Will County's opportunity to see whether or not they can defend this case in court. My opinion on that is well-known to all of you so I won't restate that here.

As Jeanna also said, this could take years. It is already past two years since the case was originally filed. The next court date isn't scheduled until September. If the county is going to settle the case - the likely outcome - they will prolong it as much as possible before their insurance company has to fork over a big chunk of change to the Foxes.

In the meantime, Sheriff Kowp-a$$ gets off scott free for condoning what I consider to be criminal actions on the part of his detectives in condemning an innocent man to death, deliberately concealing exculpatory DNA evidence, and letting a killer/rapist go free as a result.

Kowp-a$$ even won re-election. How could 85,000 Will County voters be so stupid?