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Nine days later, Chad and Stacy packed more than 100 T-shirts bearing the words "Test Before Arrest" and "376 Days of a Killer on the Loose" in bold black lettering into a van that Zellner had rented for the occasion. The person behind the mixup, the lawsuit alleges, was Ed Hayes. But it slowly dawned on him that the whole thing-the supposed sympathy of the detectives, the "friendship" of "Scott," the seemingly cordial questioning-had been a ruse. The next day, Kevin Fox's DNA was compared with the sample. I wanted to see if I could find anything in those pictures that would help me figure out for myself what had happened, who had done this to my baby. As the day wore on, local merchants pitched in with food and pop. He locked the front door and retired to his room. Five months after three-year-old Riley Fox of Wilmington was brutally murdered, her father, Kevin, confessed following a long night with Will County detectives. Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. And they turn the page. WSFX-TV (channel 26) is a television station in Wilmington, North Carolina, United States, affiliated with the Fox network. When he first noticed Riley missing, he did not want to worry unnecessarily. Zellner filed the lawsuit on behalf of the Foxes in November 2004, in U.S. District Court in Chicago, claiming a violation of due process, malicious prosecution, false imprisonment, and defamation. ", They were greeted at the door by Swearengen. . "For some reason," she says, "I had this terrible feeling that I was never going to see her again.". You don't need your father.'". Chad hugged Kevin as the room burst into applause. At the time, it seemed like a happy though standard family portrait. As they had wanted to do all along, the family began to offer a reward, for $20,000. If you say it was an accident, it's involuntary manslaughter with a three to five year sentence. . Greater Philadelphia. Tomczak added other details: The girl had been placed in the water while she was still "alive and moving and kicking." What about DNA testing? Riley Fox Riley Fox (March 31, 2001 - June 6, 2004) was a 3-year-old girl from Wilmington, Illinois, who was murdered on June 6, 2004. Hundreds more turned out the next day for the funeral, many wearing pink ribbons and ties and butterfly pins. The complaint accuses them of conducting a sloppy investigation that, from the start, focused almost exclusively on Kevin Fox and ignored any evidence that might have cast doubt on his guilt. Menu. But as the summer wore on, they came to believe that the investigation was dragging. But Kevin knew he was meant to be with Melissa. The answer is: far too many people. She was led into Kevin's room where, she claims, Williams showed her a computer screen. A tip came in claiming that video surveillance cameras at the town's Mobil station might have captured a car like that at four in the morning of Riley's disappearance. WILMINGTON, IL The authorities at the Wilmington Police Department have obtained a bench warrant to arrest 45-year-old Wilmington resident Scott McCaughn on two felony . 31 Largemouth Ln, Wilmington, IL 60481. . The machine clicked on at a couple of minutes before the hour. This gruesome detail helped form the basis for the death penalty charge. Months. After a brief reunion with Melissa and Tyler, Kevin emerged from the jail with his arms raised in triumph and stood before a mob scene of cameras and well-wishers. The couple announced the birth of their son via social media to their friends and followers. Most of those who knew Kevin and the rest of the Fox family believed in his innocence. Her mouth had been covered with duct tape, and adhesive residue on her arms led authorities to surmise she had been bound. While his wife was in Chicago, Kevin, then 27, and the kids spent Saturday afternoon making posters in anticipation of celebrating Melissa's walk at the finish line, where they planned to meet her the next morning. "I had never even met him before and he was just screaming in my face. The state's attorney was quoted in the Chicago Tribune on October 29th as saying "the evidence shows us that [Riley] was sexually abused during life." He answered all the questions and even volunteered to give DNA samples if it helped solved his girls murder. "They thought they had me convinced," she says. Pat Barry continues to defend the work of the Will County detectives. Kevin is a producer and writer, known for Law & Order: Special Victims Unit (1999), The Negotiator (1998) and Lie to Me (2009). "They'd come back with their legs scratched up and bleeding," recalls Kevin. Kaupas acknowledged that the detectives had had no substantial new evidence when they called in Kevin. After Kevin graduated high school and entered college, Melissa got pregnant with their first child Tyler. He wore a red jump suit and was shackled at the legs and hands. He immediately noticed that the front door and screen were ajar. Already, the shocking news had been splashed across the front of every local newspaper-Fox was being charged with an unspeakable crime, murdering his three-year-old daughter. ), The exam began at just before one in the morning and took a little over an hour. "That night she asked me to her homecoming," Kevin recalls with a laugh. Next. For hours, Kevin and Melissa shook hands and gave hugs, receiving mourners until they could barely stand. Zellner returned to her office facing the daunting prospect of going to trial with a client who had confessed. Previously, he was a national news correspondent based in Washington, D.C. for NBC News from 2004-2008. Kevin worked as a union painter to earn a living, while Melissa got a job as a waitress. "I can make a deal for him. "I've just been handed our certificate of intent to seek the death penalty in this case," the prosecutor declared. The image was almost as precious, in fact, as the photo a few pages later of Chad, Stacy, Kevin, Melissa, Tyler, and Riley smiling back at the camera in their wedding formalwear. "So when you send something to the lab, you monitor it," the Tribune quoted Glasgow as saying. Not even close. At a press conference, Glasgow stopped short of directly criticizing Tomczak, but the implication was clear: he thought the case had been mishandled, particularly when it came to the long delay in DNA testing. Whats even sadder is that the detectives and all parties involved were not interested in finding the real monster who would take such a beautiful innocent child away from their family. "I guess we were going out on a limb, but it turned out she was the one.". Kevin Fox and his family paid little attention to the politics of the race. Mark M. Strothmann, pastor of the First Presbyterian Church of Wilmington, quoting Mark 10:14. Par for the course. The original detectives on the murder have been reassigned, the former state's attorney is now in private practice, and the little town where it occurred has suffered a loss of innocence, as well as wounds to its pride that may take years to heal. "We'll see," the defense attorney shot back. The lab had found a man's saliva-just enough to extract a full DNA profile. Chicago, IL: (Mar-21-08) The family of 3-year-old Riley Fox brought a wrongful death lawsuit against the Will County Sheriff's Department, after the death of the girl in 2004. Local 630-955-1212 | Toll . After all, the boy could be crucial in helping the parents find their daughter's killer. But after briefly talking to one lawyer, Kevin dismissed the idea. "Rape kits"-samples of DNA collected from Riley's body-were sent to the Illinois State Police crime lab for analysis. Many other people assumed he was guilty. Kevin and Melissa were high school sweethearts, and through they fell out for a bit after Melissa got pregnant for the first time, they soon moved in together and gave birth to a beautiful boy, Tyler. The detective surmised that Kevin had applied the duct tape and committed the sexual assault to make it look as if the little girl had been kidnapped. Then, after calling his estranged wife to tell her about the shootings, he turned his gun on himself and . Next. "What did he do when he left? The weekend of June 5 and 6, 2004, Melissa Fox left Wilmington to participate in a breast cancer walk in Chicago. The order, it would later be revealed, had come from detective Ed Hayes. Other family members were less comfortable. Pluth asks again. She quickly became known around town as the precocious little girl who loved Dora the Explorer, the kind of child who insisted on picking out her own flower girl dress-only after plis and curtsies in front of a mirror. But the sense of betrayal he felt at the hands of the detectives, especially when he learned that he would not, indeed, be "bonded out" to go home and straighten things out, was crushing. Get your help from the State's Attorney so you can go home to your family. He'd barely had time to grab a bite to eat all day. By now, hundreds of townsfolk were clawing through brush and woods. "I felt like a zoo animal.". In hindsight, the couple believe that either the police "were just completely overwhelmed by the fact that there was a murder in Wilmington and they had no idea what to do," Melissa says, "-or they were watching to see how we would react." While Chad talked about leaving for the big city, Kevin couldn't imagine living anywhere else. Today, Chad fumes that his brother was not told earlier. The boy weeps. ", Kevin began to pound the walls. Her husband, Kevin, stayed home with her son, Tyler and her three-year-old daughter, Riley. Unable to sleep at first, he watched some TV, snacked, then went to bed around 2:30, turning on a fan against the hot night in the un-air-conditioned house. He knew he was innocent, he says. Melissa Mack (right) with her husband Ryan and newborn baby Jett Myers Tomczak, now in private practice in Joliet, was added in July 2005. Eighteen of those children were stolen from the home. The relationship evolved quickly and, just after Kevin started college at Illinois State University, Melissa, then 18, became pregnant with Tyler. Pluth pursues. Again, this was the first he'd heard of it. Chicago magazine newsletters have you covered. As to the question of who would confess to a crime so heinous if they didn't do it, Steven Drizin, a leading authority on false confessions, says that is the least mysterious part of the story. A break in the case could well tip the scales. "If you saw one, generally the other was right behind," Curt Fox says. His image hovers ghostlike in the frame. The ceremony's original choreography called for Riley to turn right at the front of the aisle and join her mother's pew. Kevin Corke is an American journalist and is presently a White House Correspondents' Association for Fox News in Washington D.C. Corke has covered four U.S. administrations (Bush, Obama, Trump, Biden). You're put into a cramped room and subjected to an unusually long interrogation. Tickets to see Kevin James perform in Joliet at the Rialto Square Theatre go on sale this Friday at 10 a.m. . Visitation Friday, March 28th, 3 to 9 p.m. Funeral Saturday, 9:45 a.m., to St. Symphorosa Church. He says the police told him he was right not to panic, that "in a lot of cases a child wanders off, and they can't find them at first." It had all happened so quickly-had seemed to make so much sense in the moment. Great article. (A spokesman said Glasgow wouldn't comment for this story because of the pending litigation.). 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