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

[golfmom]

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

MM, it seems like they went out of their way to not investigate. They had to work real hard to make sure that they didn't compromise their case against Kevin.

What keep going back to is WHY? Why, did they do this? With the election looming were they helping Tomczak in his darkest hour? And, then afterwards didn't want to admit what they had done and tried to immediately hide the evidence. The very evidence that could have exonerate Kevin.

Glasgow is now trying so hard to keep everyone focused on Probable Cause before Kevin's arrest ... which conveniently keeps everyone's eyes off what he and his office did/didn't do. I know that they weren't included in this case, but Kevin spent more time in jail under his watch than Tomczaks.

 

[Maddy's Mom]

MM, it seems like they went out of their way to not investigate. They had to work real hard to make sure that they didn't compromise their case against Kevin.

What keep going back to is WHY? Why, did they do this? With the election looming were they helping Tomczak in his darkest hour? And, then afterwards didn't want to admit what they had done and tried to immediately hide the evidence. The very evidence that could have exonerate Kevin.

Glasgow is now trying so hard to keep everyone focused on Probable Cause before Kevin's arrest ... which conveniently keeps everyone's eyes off what he and his office did/didn't do. I know that they weren't included in this case, but Kevin spent more time in jail under his watch than Tomczaks.

I think that they really did believe he was involved. At least at first - the parents are always the first suspects. The problem with that though, is that when they couldn't PROVE what they "had a hunch" about, they just started making things up and hiding evidence so to fit their own theory. Not to mention Pat Berry's big mouth was spewing crap about Kevin from day one, ("I wouldn't say there is a mass murderer looming around Wilmington") and god forbid they make a formal apology or admit any wrongdoing on their part. They are the police who are supposed to serve and protect so they pretend that is what they do.

 

[golfmom]

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!

Oh no MM ... it's even WORSE!!!!
Riley was murdered June 6, 2004
The DNA evidence became available April 2007

It took them THREE YEARS!

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.

 

[golfmom]

Sigh ... it just dawned on me with my last post how long I've been following this case.

 

[Maddy's Mom]

Oh no MM ... it's even WORSE!!!!
Riley was murdered June 6, 2004
The DNA evidence became available April 2007

It took them THREE YEARS!

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.

What DNA did they have when they exonerated Kevin? Was it the rape kit? And they didn't get the duct tape back until this past April?

 

[golfmom]

What DNA did they have when they exonerated Kevin? Was it the rape kit? And they didn't get the duct tape back until this past April?

From today's Trib. The duct tape evidence supports the evidence from the rape kit.

"When DNA tests on the rape kit were returned about eight months after he was jailed, Fox was freed by Will County State's Atty. James Glasgow, who had inherited the case. Those DNA tests were done at a private laboratory, with the bill paid by the Fox family, under an agreement with Glasgow."

 

[Maddy's Mom]

From today's Trib. The duct tape evidence supports the evidence from the rape kit.

"When DNA tests on the rape kit were returned about eight months after he was jailed, Fox was freed by Will County State's Atty. James Glasgow, who had inherited the case. Those DNA tests were done at a private laboratory, with the bill paid by the Fox family, under an agreement with Glasgow."

Thank you, Dear!

Will County Law Enforcement - Taking Incompetance to the Next Level!

 

[golfmom]

Here's another puzzle ... I was just looking through the Physical Evidence timeline and noticed that the Sexual Assault Kit was taken to the Illinois Crime Lab AND samples were sent to the FBI Lab. What ever happened to the tests/evidence that the Illinois Crime lab was supposed to run? When did they get their results? Were they also told to stop testing?


June 7, 2004, autopsy was performed on Riley Fox by Scott Denton, M.D., and morgue technician Bill Belcher. Sexual assault kit, containing the swabs, was taken immediately to the Illinois State Police Crime Lab.

June 7, 2004, a laboratory report, 1. no semen identified; blood indicated Report that the vaginal swabs, fingernail clippings and blood standard “will be submitted for DNA analysis.”

June 14-22, 2004: DNA samples sent to FBI lab for tests.

June 14 and June 22, 2004, FBI received fingernail scrapings and vaginal swabs from the sexual assault kit, as well as the comparison buccal swabs from the Fox and Rossi families.

November 3, 2004,“All additional serology and DNA analysis were discontinued on the submitted items per communication with Sergeant Edward Hayes. FBI letter dated January 3, 2005,. and produced by Defendant Detectives to Kevin Fox’s attorney and State’s Attorney Glasgow on May 19, 2005

 

[Maddy's Mom]

I believe it was not tested. Remember the severe "back log"? Thus the reasoning for Riley's Law in Illinois. IL State Lab supposedly was so backed up that they didn't get to it. I think this is what Zellner had to file a motion to get custody of it in order to send it to the private lab.

 

[golfmom]

I believe it was not tested. Remember the severe "back log"? Thus the reasoning for Riley's Law in Illinois. IL State Lab supposedly was so backed up that they didn't get to it. I think this is what Zellner had to file a motion to get custody of it in order to send it to the private lab.

I thought she got the evidence from the FBI to send to the private lab. Although, it would be funnier if Hayes got the materials from the Illinois lab and sent it right back to where he got it from. :loser: Well, it wouldn't be funny to Kevin, but the Irony Gods might find some humor in that.

 

[Crimson Sky]

"Reich testified the DNA found on the swabs and tape came from a Y chromosome, which is passed from father to son without alteration. For a female to have a Y chromosome is "an amazingly rare event," he said.

It's not possible to enter a so-called Y-STR DNA profile into the national database called the Combined DNA Index System, or CODIS, Reich said. But based on lab reports he reviewed, he concluded that with new technology, it would be possible to extract a "regular" DNA profile that could be entered into CODIS, he said."


So has the DNA been sent through the database or not??? Haveong trouble interpreting what is being said here. Any ideas???

 

[Maddy's Mom]

"Reich testified the DNA found on the swabs and tape came from a Y chromosome, which is passed from father to son without alteration. For a female to have a Y chromosome is "an amazingly rare event," he said.

It's not possible to enter a so-called Y-STR DNA profile into the national database called the Combined DNA Index System, or CODIS, Reich said. But based on lab reports he reviewed, he concluded that with new technology, it would be possible to extract a "regular" DNA profile that could be entered into CODIS, he said."


So has the DNA been sent through the database or not??? Haveong trouble interpreting what is being said here. Any ideas???

Crimson, Golfmom would probably be a better responder about this than me, but that DNA was tested a few times. I think what they are saying is that the Y profile cannot be put into CODIS, but the new technology would allow any bit of DNA to be entered.

GM - Is CODIS the database that stores everyones DNA? Are they saying they could not enter the Y DNA into the database to see if it matched anyone on file, but they would be able to enter a similar sample that does not have the Y chromosone on it?

 

[golfmom]

ACK! I'm out of my depth here as well. From what I'm understanding that they couldn't submit the evidence to CODIS unless they extract a "regular" DNA profile which they should be able to do based on today's technology.

Did they? IDK ... he didn't testify to that.

CODIS is the DNA database that is used to keep track of terrorists and criminals.

 

[golfmom]

Sounds like they haven't submitted the DNA for comparison through CODIS.

Will County investigators already have used the Y-STR profile to eliminate all Fox family members and friends as well as many potential suspects as the DNA donor, but those tests were done on an individual basis.

 

[Crimson Sky]

OMG that seems crazy to me. How long do they normally wait to run the DNA throught the CODIS??? I pray they do it and soon.

 

[golfmom]

Maybe they're waiting for the Fox family to pay for the extraction of the "regular" DNA profile ... Doesn't seem to be much of a priority, does it?

 

[Maddy's Mom]

Maybe they're waiting for the Fox family to pay for the extraction of the "regular" DNA profile ... Doesn't seem to be much of a priority, does it?

I think that is what they mean by "an individual basis". The Foxes have paid for most of the DNA testing thus far, and since WC LE has put this case on the back burner, I am guessing they will not pay to test anything that has not already been tested, especially considering the civil suit.

 

[golfmom]

Op Ed Piece at the Trib about Drew Peterson that references Kevin Fox.
What's funny is that I believe LE seriously has way more probable cause on DP at this point then they ever did on KF. IMO, there's no rush to arrest DP ... he's not going anywhere. They should wait until after they've finished the investigation and be able to present the best possible case before the arrest. Wish they did that for Kevin.

Vasago, if you've found this, you're in the right place.


http://www.chicagotribune.com/news/columnists/chi-schmich_bddec09,1,1950323.column
Think about Kevin Fox, the Will County man who spent months in custody not long ago, charged with killing his daughter. He was released when the DNA evidence didn't add up. Think about all the people who have been sent to death row then exonerated by DNA.

It's hard to think of Drew Peterson as a victim. His attitude and actions -- as they come across via the media -- seem likes taunts to the police, the public and the people who loved his missing wife.

If he did kill Stacy Peterson, his premature conviction in the public court will be just a tiny portion of the punishment he deserves.

If. But only if. Until his guilt is proven, the word "if" is the wedge that should keep the doors of our minds cracked open.

 

[golfmom]

I'm just catching up here. I strung together the reports of the defendants' case to date. They expect to finish on Thursday. I'd think that the next two days in the court room are gonna be action packed!

When you boil down what they've testified to so far, all they've done is disagree with Denton, Kevin and Melissa. I'm still scratching my head on exactly what the probable cause was before they brought him in for the interrogation. It seems to me all they're doing is slappin' themselves on the back on what great guys and investigators they are. To me, it's gonna come down to believability. And, I can't imagine after the FBI guy testified on the cancellation of the tests, or destroying all the notes that they'll come off as believable in front of the jury. Or, even after Phil Mock testified that this case was winnable! They had NOTHING. How could NOTHING convict a man of murder?

IMHO, the fireworks will really go off during Hayes testimony. He's gonna have a real hard time counter the FBI testimony.

Defendant’s Case

* Glasgow : Testified that he turned over the duct tape evidence as part of discovery for the civil trial.
* Markowski: State Police. Testified he felt KF answers were “unusual.” Attended autopsy and said that injuries “appeared to be relatively minimal.” Testified that during KF interrogation, Melissa “indicated she’d begun to wonder if KF was involved.” Observed no screaming or yelling by detectives.
* Ruettiger: Markowski testified that he felt Ruettiger’s report accurate as to MF believing KF might be involved.
* Lyons : Concerns regarding non-emergency call. KF was not a focus at jurisdiction meeting after Riley’s body found. His idea to check surveillance videos of local businesses. Acted as liaison between County and Wilmington PD. Testified that Denton said injuries were caused by “an object consistent with a finger.”
* O’Neil: Testified that Denton held up a finger to indicate object used during autopsy. Stated that he informed Kevin and Melissa that cause of death was drowning.
* Lloyd Elliot: Bloodhound handler. Testified how dog tried to pick up Riley’s scent after she disappeared.
* Ryan Zedeck: Went to concert with KF … couldn’t remember much, no cross.
* Budde: WC evidence technician – summary of items sent to FBI for forensic examination. On cross Budde said she never spoke with FBI after first week and supervisor E. Hayes, continually told her regarding FBI progress “They’re working on it.”
* Swearengen: Testified he still believes in KF guilt. KF watched adult video 2:00 a.m.-2:30 a.m. Kevin’s protestations of innocent weak. Claimed it was KF idea to take polygraph. Denied offering leniency for confession during interrogation. Initially felt crime was a cover-up, an accident made to look like a murder. Which conveniently is what KF “confessed” the crime entailed. Denied offering KF scenarios as part of confession. Testified Melissa was concerned about KF involvement.
* Phil Mock: Testified case was winnable

 

[golfmom]

It's interesting to note in the Chicago Magazine article how much effort went into the planning and preparation for the interviews of Melissa and Kevin. Even to the extent of securing a polygraph interrogator in advance, just in case Kevin brought up the idea he might like to have a polygraph! I wish during their little pow-wow, that they had considered spending the extra $50 bucks or so it would have taken to record the entire interrogation. Especially considering how weak the case, how high profile this crime was, and the sorted history Illinois has for false confessions. A law had been passed in Illinois that all interrogations were to be taped, and they were within months of it being in effect. Stupid not to consider taping the entire interview ... or did they consider it and think it might have gotten in the way of a conviction, just like that stupid DNA evidence would.


http://www.chicagomag.com/Chicago-Magazine/July-2006/The-Nightmare/index.php?cp=2&si=1
On October 25th, a little more than a week before the election, the four detectives working on the Riley Fox murder-Scott Swearengen, John Ruettiger, Michael Guilfoyle, and Edward Hayes-convened at the Will County sheriff's office in Joliet to discuss bringing Kevin in for an interrogation.

....

In 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.