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

[golfmom]

Other articles on today's testimony:

http://www.suntimes.com/news/metro/682328,fox120507.article

Fox's testimony so angered Sgt. Ed Hayes that, during a trial break, he ranted about the “lies” that Fox was telling on the stand. Fox had accused Hayes of berating him during a 14-hour interrogation.

“The truth will come out,” he told those gathered around him. Hayes has not testified in the case.


http://www.chicagotribune.com/news/local/chi-foxweb5dec06,0,6269635.story

During his testimony, Fox described how other inmates threatened his life in jail because of the nature of the crime they believed he had committed. He said he also was taunted by jail guards.

 

[Crimson Sky]

http://dig.abclocal.go.com/wls/documents/KevinFox.pdf

pages from kevin's journal

 

[lisag]

http://dig.abclocal.go.com/wls/documents/KevinFox.pdf

pages from kevin's journal

Due to the DNA evidnece, I believe that KF is innocent .. Most here know that I believed diffierently in the begining... Had it not been for the DNA evidence - I would still be voting to let him rot in jail.

Anyway, that being said I just wanted to say that I think his "journal" almost makes him looks guilty.. Like he is trying too hard to convince someone that he is innocent....
Don't attack me - I am not saying that I once again think he is guilty.. I am just saying the journal seems "odd".... IMO..
I don't know why, but he still sets my hinky meter off... Maybe it's just hard for me to get passed his initial "confession"...

I have a hard time paying attention to the civil suit... I really could careless about that... I just wish there would be some updates on some actual suspects.. Riley's little face will forever be burned in my memory and I will continue to pray for justice in her case.

 

[Crimson Sky]

Due to the DNA evidnece, I believe that KF is innocent .. Most here know that I believed diffierently in the begining... Had it not been for the DNA evidence - I would still be voting to let him rot in jail.

Anyway, that being said I just wanted to say that I think his "journal" almost makes him looks guilty.. Like he is trying too hard to convince someone that he is innocent....
Don't attack me - I am not saying that I once again think he is guilty.. I am just saying the journal seems "odd".... IMO..
I don't know why, but he still sets my hinky meter off... Maybe it's just hard for me to get passed his initial "confession"...

I have a hard time paying attention to the civil suit... I really could careless about that... I just wish there would be some updates on some actual suspects.. Riley's little face will forever be burned in my memory and I will continue to pray for justice in her case.

My opinion is that the journal was his only way to speak his mind and thoughts. Obviously he had no one in the jail to converse with considering they all thought he was a "pedophile" and a "child killer". He also retained KZ right after the arrest was made. She's been through these kind of cases before, maybe she advised him to keep a journal of everything from his thoughts to the goings on at the jail.

 

[golfmom]

Due to the DNA evidnece, I believe that KF is innocent .. Most here know that I believed diffierently in the begining... Had it not been for the DNA evidence - I would still be voting to let him rot in jail.

Anyway, that being said I just wanted to say that I think his "journal" almost makes him looks guilty.. Like he is trying too hard to convince someone that he is innocent....
Don't attack me - I am not saying that I once again think he is guilty.. I am just saying the journal seems "odd".... IMO..
I don't know why, but he still sets my hinky meter off... Maybe it's just hard for me to get passed his initial "confession"...

I have a hard time paying attention to the civil suit... I really could careless about that... I just wish there would be some updates on some actual suspects.. Riley's little face will forever be burned in my memory and I will continue to pray for justice in her case.

Oh Lisa I wouldn't attack you! :croc:
I think your lack of interest in the civil trial is the norm ... it's pretty dry in comparison to a criminal trial. And, quite frankly no matter how much we agree or disagree here at websleuths, it's the criminal trial that holds our interest ... deep down we all want just want justice served.
Riley is daily in my thoughts and prayers.

 

[golfmom]

My opinion is that the journal was his only way to speak his mind and thoughts. Obviously he had no one in the jail to converse with considering they all thought he was a "pedophile" and a "child killer". He also retained KZ right after the arrest was made. She's been through these kind of cases before, maybe she advised him to keep a journal of everything from his thoughts to the goings on at the jail.

Those were my thoughts too. I'm sure KZ told him that it could help and really he had no one to turn to while he was incarcerated. It probably did help him get through those months.

 

[golfmom]

http://www.suntimes.com/news/metro/683807,CST-NWS-Fox06.article

On a day when cross examination was expected to be grueling, Kevin Fox was crafty like a fox.

Fox, 30, who is suing Will County authorities for allegedly framing him for the murder and sexual assault of his 3-year-old daughter Riley in 2004, made it difficult Wednesday for an opposing attorney.

The lawyer was trying to prod the Wilmington man about the child's death and Fox's contention that his confession was "coerced."

At times, Fox had jurors smiling as he deflected questions by telling defense attorney Robert H. Smith the ground had been covered.

Although lacking fireworks, Fox's cross examination had interesting moments, such as when Fox told Will County detective Scott Swearengen to stop shaking his head during one point in Fox's testimony.

 

[golfmom]

http://www.dailyherald.com/story/?id=90610&src=2

As he languished in jail after being charged with killing his daughter, Kevin Fox said he contemplated suicide while isolated from his family and suffering the taunts of other inmates who labeled him a child sex killer.
-------
Smith said it wasn't until the DNA evidence was available in June 2005 that police changed their minds.

"They don't (now) believe he was involved," Smith told reporters after court. "But, at the time, they had a reasonable belief he was involved, based on the evidence and his own statements."

 

[golfmom]

Less than 10 days ago Detective Guilfoyle testified that he still believed that Kevin had involvement in Riley's disappearance and death.

http://www.chicagotribune.com/news/local/chi-fox28_webnov28,0,7640141.story
A Will County sheriff's deputy testified Tuesday that he still believes Kevin Fox left the house with his 3-year-old daughter the night before she was found dead in a creek about 4 miles from the family's Wilmington home.

However, yesterday defendant's attorney Robert Smith told reporters "his clients no longer believe Kevin Fox committed the murder; however evidence pointed to Fox's guilt at the time." ABC7chicago

I was so shocked at this sudden turnaround that I actually started thinking that ABC got the quote wrong. It's not like we haven't seen media mistakes in this case. However, now that more than one news source is reporting it, I'll take it as fact that Robert Smith did make that statement during a press conference.

So why now are the coming forward and definitively clearing Kevin? Is it actually possible that they finally realized the irreparable harm caused by their actions? Or ... is this a defense tactic? Are the jurors seeing the detectives' continuous belief of Kevin's guilt, in spite of the DNA evidence, as proof of his claims?

The defendant's attorney seems now to be aware that Kevin may be presenting a sympathetic and innocent figure to the jurors.

http://www.suntimes.com/news/metro/683807,CST-NWS-Fox06.article
Smith admitted after Wednesday's testimony that he has to tread carefully with a man who has been technically exonerated through DNA of Riley's murder.

"I could not attack him and raise my voice because that would make him even more of a sympathetic figure," Smith said.

Bottom line for me, I don't believe that these detectives have changed their position because the compassion fairy hit them over the head. I think they changed their position because it benefited their case ... They have a lot of experience changing things that don't work.

 

[genecam]

Due to the DNA evidnece, I believe that KF is innocent .. Most here know that I believed diffierently in the begining... Had it not been for the DNA evidence - I would still be voting to let him rot in jail.

Anyway, that being said I just wanted to say that I think his "journal" almost makes him looks guilty.. Like he is trying too hard to convince someone that he is innocent....
Don't attack me - I am not saying that I once again think he is guilty.. I am just saying the journal seems "odd".... IMO..
I don't know why, but he still sets my hinky meter off... Maybe it's just hard for me to get passed his initial "confession"...

I have a hard time paying attention to the civil suit... I really could careless about that... I just wish there would be some updates on some actual suspects.. Riley's little face will forever be burned in my memory and I will continue to pray for justice in her case.

Of course you have a hard time paying attention to the civil suit. It is exposing all of the dishonest, incompetent, thuggish behavior and actions of the so-called law enforcement officers in this case. It goes to the theory of if you ignore this, you can still rationalize and pass their actions off as being well-intended and that they just made a few minor mistakes.

And if you're posting here now, you really are paying attention to the civil suit, aren't you? And you're still hung up on the bogusly obtained confession. Pay attention to Kevin's testimony in the civil suit. Maybe that will get you off your hinkie on it.

We all want Riley's killer brought to justice. It's never going to happen, though, as long as Will County is conducting the investigation - that is, if they are conducting any investigation at all. Maybe the good thing that could come out of this civil suit, if the Foxes prevail, is that Will County will be forced to turn the investigation over to the Illinois Attorney General and a real investigation will begin with no one having the primary motive to CYA rather than finding Riley's killer. Hopefully it's not too late for such an investigation to have a successful outcome.

 

[golfmom]

http://www.chicagotribune.com/news/local/chi-fox_webdec07,1,372557.story

Reich said a partial sample of DNA that was found on the duct tape is from a different male person than the one whose full profiles were found on vaginal swabs from the rape kit and the duct tape. That partial sample also excluded Fox, Reich said.

Initial testimony, to continue this afternoon, did not make it clear where the partial sample might have come from. At one point in the criminal investigation, Will County authorities dropped the duct tape on the floor while examining it, according to earlier testimony.

When Fox was released, authorities did not have the duct tape evidence. But the investigation into the as-yet-unsolved crime continued, and the duct tape DNA came back from the Illinois State Police Crime Lab last April, according to the testimony.

 

[golfmom]

http://www.suntimes.com/news/metro/684848,fox120607.article
Kevin Fox wraps up testimony
December 6, 2007
BY LEONARD N. FLEMING Staff Reporter
....
Robert H. Smith, the lead defense attorney, asked Fox if Will County sheriff’s deputies were trying to solve his daughter’s case and catch the killer.
“I wouldn’t say that,” he responded emphatically.
Fox, who had been deft at deflecting defense questions as repetitive, has been able to make jurors laugh and sometimes cry. Some teared up during points of his gripping testimony about his 14-hour interrogation where he was threatened with prison rape as well as threats he received during his eight-month jail stay.
..........

 

[Maddy's Mom]

"I could not attack him and raise my voice because that would make him even more of a sympathetic figure," Smith said.

Bottom line for me, I don't believe that these detectives have changed their position because the compassion fairy hit them over the head. I think they changed their position because it benefited their case ... They have a lot of experience changing things that don't work.

Isn't it funny how only a couple days before they were still saying he left the house that night with Riley? What a sudden change of heart they seem to have right after all the media is reporting how well the jury reacts to Kevin! I think you are right on, GM, they are trying to make THEMSELVES come off as sympathetic. Too late, in my book.

 

[Maddy's Mom]

We all want Riley's killer brought to justice. It's never going to happen, though, as long as Will County is conducting the investigation - that is, if they are conducting any investigation at all. Maybe the good thing that could come out of this civil suit, if the Foxes prevail, is that Will County will be forced to turn the investigation over to the Illinois Attorney General and a real investigation will begin with no one having the primary motive to CYA rather than finding Riley's killer. Hopefully it's not too late for such an investigation to have a successful outcome.

I am still upset at Lisa Madigan's office for not taking this case on when Glasgow came into office and had to admit they had no case against Kevin. He asked her office if they would take over the case and she said she didn't think it was necessary. It just wasn't necessary to get to the bottom of who killed that beautiful girl.

 

[Maddy's Mom]

http://www.chicagotribune.com/news/local/chi-fox_webdec07,1,372557.story

Reich said a partial sample of DNA that was found on the duct tape is from a different male person than the one whose full profiles were found on vaginal swabs from the rape kit and the duct tape. That partial sample also excluded Fox, Reich said.

Initial testimony, to continue this afternoon, did not make it clear where the partial sample might have come from. At one point in the criminal investigation, Will County authorities dropped the duct tape on the floor while examining it, according to earlier testimony.

When Fox was released, authorities did not have the duct tape evidence. But the investigation into the as-yet-unsolved crime continued, and the duct tape DNA came back from the Illinois State Police Crime Lab last April, according to the testimony.

I think who ever used that duct tape on her, stole it from someone else. The person who used it legitimately could have ripped it with their teeth, leaving saliva on it. Then the monster steals the tape and leaves his own on it. If there were 2 people involved, then I don't think they could have been hiding IN the house when Kevin got there with the kids, IMO.

 

[golfmom]

http://www.chicagotribune.com/news/local/chi-fox_webdec07,1,372557.story

The same male whose DNA was found in the rape kit of Riley Fox left DNA on the duct tape found on her mouth, a witness revealed Thursday during a federal civil rights trial.

The DNA, likely from saliva, does not match the genetic profile of Kevin Fox, who was charged with the sexual assault and murder of his 3-year-old daughter, testified Karl Reich, a molecular biologist who specializes in DNA testing and technology.

"Mr. Fox's DNA profile doesn't match any of the DNA evidence in this case whatsoever," Reich said, adding that the evidence "exonerates Mr. Fox."
..........
In an interview after his testimony, Reich said FBI logs show the agency was told the day Fox was arrested and on Nov. 3, 2004, to stop DNA testing.

He said the same male DNA profile was found on two vaginal swabs and the duct tape, ruling out the possibility of contamination.

 

[golfmom]

Boy, he's getting overtime pay here trying to soften the effect of a second source of DNA excluding KF. Of course the duct tape wasn't part of PC, the detectives were too busy chasing KF around to be investigating Riley's murder. They knew there was physical evidence and dragged their feet ... refused to ask for assistance ... stuck their fingers in their ears and went "lalalalalalala" and arrested Kevin.

http://www.chicagotribune.com/news/local/chi-fox07_bothdec07,1,2467453.story

The duct tape evidence was discovered last April during the continuing investigation into Riley's slaying. Court transcripts show that Glasgow on May 15 appeared in federal court to enter the duct tape evidence into the record of the Foxes' civil suit.

"I felt in good faith that I should turn over some additional evidence that we obtained in our continuing criminal investigation," Glasgow told the court. "This is evidence that was just recently obtained [and] has nothing to do with the probable cause that existed at the time the arrest was made, which is the issue before this court."

Glasgow opposed making the information public. "This is significant evidence, and it would be horribly damaging to our criminal investigation," he said.

 

[Maddy's Mom]

In an interview after his testimony, Reich said FBI logs show the agency was told the day Fox was arrested and on Nov. 3, 2004, to stop DNA testing.

http://www.chicagotribune.com/news/local/chi-fox07_bothdec07,1,2467453.story?ctrack=1&cset=true

OMG!!! So not only did they contact the FBI on the day of his arrest and tell them to stop testing, they actually took the time to FOLLOW UP on it and contact them AGAIN to reiterate that they wanted all testing stopped!! :furious: :furious: :furious:

If only they had followed up on the actual INVESTIGATION OF RILEY'S MURDER!!!!!!!!!!!!!!!

 

[Maddy's Mom]

""I felt in good faith that I should turn over some additional evidence that we obtained in our continuing criminal investigation," Glasgow told the court. "This is evidence that was just recently obtained [and] has nothing to do with the probable cause that existed at the time the arrest was made, which is the issue before this court."

Glasgow opposed making the information public. "This is significant evidence, and it would be horribly damaging to our criminal investigation," he said."

Ya think?? Ya think it MIGHT BE a little important, Glasgow? "In good faith I should turn it over". ARE YOU FREAKING KIDDING ME?? I want to know why Riley was murdered the first week of June and they were unable to get any DNA evidence until April - almost an entire year later!! In today's day and age, that is completely incompetant on their part. DNA should be the first thing they look for, especially when they have a rape kit!

Of course it has nothing to do with the probable cause - there WAS no probable cause. They still have been unable to prove to me they had anything significant to arrest Kevin on.

"It would be damaging to our criminal investigation" - No S**t Sherlock!

 

[Maddy's Mom]

I would love to get an update on Riley's Law. This was the new law the Foxes were pushing for to have a fund on hand specifically for DNA testing on child murders. I wonder if Blagojevich ever signed it?

http://www.nbc5.com/news/7059475/detail.html