Post by Jax on Aug 7, 2018 12:31:28 GMT -6
Recap of ‘I, Witness’ episode featuring Kathleen Zellner’s client Kevin Fox that aired on January 11, 2017 on the ID Channel.
By Jax West
Kathleen Zellner says she represents people who she thinks is innocent and accused of murder. She compares it to being on boat and someone is drowning. She has a rope but you don’t know if it will be a foot short, an inch short or are they going to catch it. You never know what kind of person will walk through the door.
The case is from Wilmington Illinois in 2004. Riley Fox was 3-years-old and she disappeared. Her father, Kevin Fox, had put her to sleep on the couch the night before. Her mother, Melissa, was in Chicago to do the Avon Breast Walk the next day. Kevin is woken by his son saying that Riley is gone. Kevin calls the Police Department.
The Mother had left on Friday. Kevin and the kids made posters to congratulate her on finishing the race and were going to meet her at the finish line. The night Riley goes missing Kevin had left the kids with their grandparents as he attended a concert. He came back at 1am. Chicago is 2.5 hrs away so when they got home he put Riley on the couch to sleep in her clothes to be ready to go the next morning. Her brother Tyler slept next to her. Kevin remembers going to smoke on the porch and going back in and locks the door and falls into a deep sleep. Next thing he knows Tyler is saying Riley’s gone.
He calls Melissa and says they can't find Riley. Hundreds of people searched for Riley. Kathleen Zellner saw it on the news. She is also a mother and believes the loss of a child is the most devastating thing that could ever happen to a parent. A mother and daughter were searching by Forked Creek. They saw what they thought was a plastic bag. Then they discovered it was Riley floating face down.
Scott Swearingen was the lead investigator. The Medical Examiner concluded the cause of death was drowning and there was also evidence of sexual assault. Her arms were bound together at her forearms but she had them pulled apart. The duct tape was only on loosely for effect. Swearingen said the moment he walked up he knew what happened. That it was a staged crime scene.
There was an outpouring of love for the parents. Wilmington has a population of 5,000 people but 6,000 were at the funeral. Kathleen Zellner saw that on TV as well. The police filmed the funeral. No one ever locked a door until this happened in Wilmington. Now people were scared. Police expanded investigation to look at known sex offenders. They did neighborhood canvases. Michael Guilfoyle and Swearingen visited Kevin a lot. You start with people close to the child and Kevin was the last known person seen with Riley. Kevin was profoundly depressed and became much more isolated. Nothing substantial was coming from tips.
Swearingen called saying he wanted to talk about something important. When Kevin and Melissa got there Swearingen said he wants to talk to Kevin alone. This started at 9pm. Melissa sat and waited for hours in a locked room. When Swearingen finally comes to talk to her he says there were red flags about Kevin. They felt there were things he wasn’t telling them. They thought he was involved in Rileys death. Melissa didn’t believe it. He tells her that Kevin failed a Polygraph. She said she wants to see the results.
Melissa joined Kevin. He said he didn't do it. They show her results and said he flunked the whole thing. Melissa was in shock. She immediately called Kevin's brother Chad.
The next morning Chad Fox visited Kathleen Zellner and gave her information about the case. He said Keven was still being questioned. Kathleen said they needed to get there right now. They went immediately. When Kathleen saw Melissa she thought she looked terrible and could see she had been crying. Kevin had just confessed.
Kathleen visited Kevin. She thought he looked guilty and defeated. She asked herself does she want to get involved in this? What am I getting into? She was looking directly into his eyes. Kevin said they tricked him. They said if he just said it was an accident they would give him involuntary manslaughter and he could bond out and get an attorney. Kathleen said killers usually have dead eyes.
Once it was publicized he confessed the town turned on the family. They went from most popular to reviled. Nothing is more pressure for an attorney then representing someone who is innocent. Kathleen had 2 brothers who died so death of a child resonated w her that may not with others. She was in it the whole way. She said a confession is a 99.9% chance of a conviction. Unless forensic evidence can prove otherwise.
Kevin's confessions said Riley was in the bathroom and he swung open door. It hit her in the head and she was knocked unconscious but Kevin thought she was dead. So he staged a murder. He put her in the back of his truck to take her to Forsythe woods and he put her in the water so she would float away.
One of Kathleen’s primary goals when she took this case was to get a copy of Kevin’s confession. She wanted to watch in on a big screen to see all the details of it. She wanted to really study his confession of the murder of his daughter. She saw an emotionally traumatized person as if detached from whole thing. They only recorded 20 minutes of the 14 hours of the interrogation. The Police gave him all the answers. She knew they had to have Forensic evidence to get him released. They went to Kevin’s house and went to the bathroom door. She discovered the door swung out, not in. So he couldn’t have hit her with the door. Kathleen knew Kevin was innocent. That meant the Killer still out there.
She believed the confession was coerced. She wanted to know what was said. The cops told Kevin that they had surveillance of his truck at a gas station at 4am. Kathleen saw video from the gas station and it was not the same vehicle. Kevin told the cops he wanted his dad and a lawyer. They didn't listen. The interrogation should have stopped there but it continued. After 5 hours Kevin still denied any involvement. Swearingen told him if he passed a polygraph he can go home. Kevin agreed. Kathleen said you should never do a polygraph in the middle of an interrogation because stress provides varied results. Melissa was devastated that he failed.
At 6am Kevin had been up more than 24 hours. They tell him they will charge him with 1st degree murder which would mean 30 years to life. Detective Ed Hayes [http://articles.chicagotribune.com/2008-01-27/news/0801270083_1_fox-case-wrongful-arrest-prosecution] tld Kevin he was going to make sure Kevin would get raped every single day. Ed Hayes showed Kevin the crime scene photos. Kevin had never seen them before. Kathleen said that Kevin told her he thought there's my daughter covered in mud and nobody had the decency to wipe off her face. That was a pivotal moment for him mentally in Kathleen’s opinion. It took away everything inside that made him want to survive. Kevin told Kathleen he felt like he so failed Riley. If he had just put her to bed with him none of this would have happened. He knew RIley was calling for him right before she died. He had always told her he would always protect her. He didn't care about himself anymore.
The cops told him if he told them it was an accident they would give him involuntarily manslaughter which was a 2-5 year sentence and he would be bonded out right away. They said that is better than 30 years. Kevin agreed. Swearingen then says what he wants Kevin to say and Kevin parrots it.
Kathleen said they needed DNA. Riley’s autopsy said there wasn’t any DNA in the blood or seven. It was inconclusive for saliva. She was disappointed they didn’t find anything. She knew without DNA they would lose. Inconclusive doesn't mean negative. So she called a forensic scientist. He said inconclusive is code for when lab doesn't have the sophisticated technology to detect DNA and saliva. So Kathleen sent it to a private lab to be tested. She wanted to results to be in writing and she wanted to be with the States Attorney when it was disclosed. They waited together at the fax machine. The results were at the end. A Small sample partial profile of another male was detected. Kevin Fox was completely excluded.
He got to go home the next day. He seemed in shock. The message Kathleen delivered the day he got out was they were we thrilled but there is still a child killer who is free. After eight months of incarceration Kevin was released and the charges were dropped.
The FBI re-canvassed the neighborhood. One woman told them she and an ex boyfriend walked past the Fox house and She had said she couldn't fathom what person could kill a child and her ex had a smile and said yeah that was really awful wasn't it. His tone sent a chill up her spine. Scott Eby was then incarcerated for molesting his sister. They questioned him and got his DNA. The results came back in twenty four hours. It matched. Scott Eby confessed to Riley Fox’s murder.
He was doing Cocaine and drinking and decided to burglarize a house. When he left the house he saw a swing set next door so knew kids lived there. He pushed the back door open. He realized Kevin was deep asleep and a fan was also making noise. He lifted Riley up and opened the front door. He opened the trunk of his car and put her in. He drove to the woods. Took her out and into a men's room and sexually assaults her. His bandana slipped on his face and she looked at him. He believed she could identify him so duct taped her arms and mouth. Last thing she said to him was I want my daddy. He put her in the creek and held her down until she stopped moving. If he had been caught back then he would not have been able to molest his sister. But the cops were obsessed with Kevin Fox.
Kevin and Melissa filed civil suit against the Will County Sheriff Department and were awarded more than fifteen million dollars. That was more than any case of its kind. For Kathleen Zellner it was personally the most traumatic case because it affected her in a positive way and is now more determined in those situations. Her career has been devoted to correct injustices occurred within the legal system. Since Kevin she’s had four more cases and working a fifth now. She can't get away from it.
Scott Eby got Life without the possibility of parole. In looking up some things to write this article I learned Scott had thrown away Riley’s underwear in the men’s bathroom but they didn’t even look there. A shoe had been found that Scott’s name was written on the tongue and it was in evidence but they never did anything with that. Just like so many cases, we learn that sometimes Cops latch onto what they THINK happened rather then look for FACTS. We really need to change our system.
If you would like to discuss this case or any other wrongfully convicted case please join our Wrongfully Abused Facebook Page and Group.
www.facebook.com/WrongfullyAbused/
www.facebook.com/groups/WrongfullyAbused/
We also have the official Steven Avery Facebook Page and Group:
www.facebook.com/StevenAveryProject/
www.facebook.com/groups/StevenAveryProject/
Or find us on Twitter at @braverysap
#WeAllLiveOnAveryRoad #NeverGiveUp #WrongfullyAbused #MakingAMurderer
By Jax West
Kathleen Zellner says she represents people who she thinks is innocent and accused of murder. She compares it to being on boat and someone is drowning. She has a rope but you don’t know if it will be a foot short, an inch short or are they going to catch it. You never know what kind of person will walk through the door.
The case is from Wilmington Illinois in 2004. Riley Fox was 3-years-old and she disappeared. Her father, Kevin Fox, had put her to sleep on the couch the night before. Her mother, Melissa, was in Chicago to do the Avon Breast Walk the next day. Kevin is woken by his son saying that Riley is gone. Kevin calls the Police Department.
The Mother had left on Friday. Kevin and the kids made posters to congratulate her on finishing the race and were going to meet her at the finish line. The night Riley goes missing Kevin had left the kids with their grandparents as he attended a concert. He came back at 1am. Chicago is 2.5 hrs away so when they got home he put Riley on the couch to sleep in her clothes to be ready to go the next morning. Her brother Tyler slept next to her. Kevin remembers going to smoke on the porch and going back in and locks the door and falls into a deep sleep. Next thing he knows Tyler is saying Riley’s gone.
He calls Melissa and says they can't find Riley. Hundreds of people searched for Riley. Kathleen Zellner saw it on the news. She is also a mother and believes the loss of a child is the most devastating thing that could ever happen to a parent. A mother and daughter were searching by Forked Creek. They saw what they thought was a plastic bag. Then they discovered it was Riley floating face down.
Scott Swearingen was the lead investigator. The Medical Examiner concluded the cause of death was drowning and there was also evidence of sexual assault. Her arms were bound together at her forearms but she had them pulled apart. The duct tape was only on loosely for effect. Swearingen said the moment he walked up he knew what happened. That it was a staged crime scene.
There was an outpouring of love for the parents. Wilmington has a population of 5,000 people but 6,000 were at the funeral. Kathleen Zellner saw that on TV as well. The police filmed the funeral. No one ever locked a door until this happened in Wilmington. Now people were scared. Police expanded investigation to look at known sex offenders. They did neighborhood canvases. Michael Guilfoyle and Swearingen visited Kevin a lot. You start with people close to the child and Kevin was the last known person seen with Riley. Kevin was profoundly depressed and became much more isolated. Nothing substantial was coming from tips.
Swearingen called saying he wanted to talk about something important. When Kevin and Melissa got there Swearingen said he wants to talk to Kevin alone. This started at 9pm. Melissa sat and waited for hours in a locked room. When Swearingen finally comes to talk to her he says there were red flags about Kevin. They felt there were things he wasn’t telling them. They thought he was involved in Rileys death. Melissa didn’t believe it. He tells her that Kevin failed a Polygraph. She said she wants to see the results.
Melissa joined Kevin. He said he didn't do it. They show her results and said he flunked the whole thing. Melissa was in shock. She immediately called Kevin's brother Chad.
The next morning Chad Fox visited Kathleen Zellner and gave her information about the case. He said Keven was still being questioned. Kathleen said they needed to get there right now. They went immediately. When Kathleen saw Melissa she thought she looked terrible and could see she had been crying. Kevin had just confessed.
Kathleen visited Kevin. She thought he looked guilty and defeated. She asked herself does she want to get involved in this? What am I getting into? She was looking directly into his eyes. Kevin said they tricked him. They said if he just said it was an accident they would give him involuntary manslaughter and he could bond out and get an attorney. Kathleen said killers usually have dead eyes.
Once it was publicized he confessed the town turned on the family. They went from most popular to reviled. Nothing is more pressure for an attorney then representing someone who is innocent. Kathleen had 2 brothers who died so death of a child resonated w her that may not with others. She was in it the whole way. She said a confession is a 99.9% chance of a conviction. Unless forensic evidence can prove otherwise.
Kevin's confessions said Riley was in the bathroom and he swung open door. It hit her in the head and she was knocked unconscious but Kevin thought she was dead. So he staged a murder. He put her in the back of his truck to take her to Forsythe woods and he put her in the water so she would float away.
One of Kathleen’s primary goals when she took this case was to get a copy of Kevin’s confession. She wanted to watch in on a big screen to see all the details of it. She wanted to really study his confession of the murder of his daughter. She saw an emotionally traumatized person as if detached from whole thing. They only recorded 20 minutes of the 14 hours of the interrogation. The Police gave him all the answers. She knew they had to have Forensic evidence to get him released. They went to Kevin’s house and went to the bathroom door. She discovered the door swung out, not in. So he couldn’t have hit her with the door. Kathleen knew Kevin was innocent. That meant the Killer still out there.
She believed the confession was coerced. She wanted to know what was said. The cops told Kevin that they had surveillance of his truck at a gas station at 4am. Kathleen saw video from the gas station and it was not the same vehicle. Kevin told the cops he wanted his dad and a lawyer. They didn't listen. The interrogation should have stopped there but it continued. After 5 hours Kevin still denied any involvement. Swearingen told him if he passed a polygraph he can go home. Kevin agreed. Kathleen said you should never do a polygraph in the middle of an interrogation because stress provides varied results. Melissa was devastated that he failed.
At 6am Kevin had been up more than 24 hours. They tell him they will charge him with 1st degree murder which would mean 30 years to life. Detective Ed Hayes [http://articles.chicagotribune.com/2008-01-27/news/0801270083_1_fox-case-wrongful-arrest-prosecution] tld Kevin he was going to make sure Kevin would get raped every single day. Ed Hayes showed Kevin the crime scene photos. Kevin had never seen them before. Kathleen said that Kevin told her he thought there's my daughter covered in mud and nobody had the decency to wipe off her face. That was a pivotal moment for him mentally in Kathleen’s opinion. It took away everything inside that made him want to survive. Kevin told Kathleen he felt like he so failed Riley. If he had just put her to bed with him none of this would have happened. He knew RIley was calling for him right before she died. He had always told her he would always protect her. He didn't care about himself anymore.
The cops told him if he told them it was an accident they would give him involuntarily manslaughter which was a 2-5 year sentence and he would be bonded out right away. They said that is better than 30 years. Kevin agreed. Swearingen then says what he wants Kevin to say and Kevin parrots it.
Kathleen said they needed DNA. Riley’s autopsy said there wasn’t any DNA in the blood or seven. It was inconclusive for saliva. She was disappointed they didn’t find anything. She knew without DNA they would lose. Inconclusive doesn't mean negative. So she called a forensic scientist. He said inconclusive is code for when lab doesn't have the sophisticated technology to detect DNA and saliva. So Kathleen sent it to a private lab to be tested. She wanted to results to be in writing and she wanted to be with the States Attorney when it was disclosed. They waited together at the fax machine. The results were at the end. A Small sample partial profile of another male was detected. Kevin Fox was completely excluded.
He got to go home the next day. He seemed in shock. The message Kathleen delivered the day he got out was they were we thrilled but there is still a child killer who is free. After eight months of incarceration Kevin was released and the charges were dropped.
The FBI re-canvassed the neighborhood. One woman told them she and an ex boyfriend walked past the Fox house and She had said she couldn't fathom what person could kill a child and her ex had a smile and said yeah that was really awful wasn't it. His tone sent a chill up her spine. Scott Eby was then incarcerated for molesting his sister. They questioned him and got his DNA. The results came back in twenty four hours. It matched. Scott Eby confessed to Riley Fox’s murder.
He was doing Cocaine and drinking and decided to burglarize a house. When he left the house he saw a swing set next door so knew kids lived there. He pushed the back door open. He realized Kevin was deep asleep and a fan was also making noise. He lifted Riley up and opened the front door. He opened the trunk of his car and put her in. He drove to the woods. Took her out and into a men's room and sexually assaults her. His bandana slipped on his face and she looked at him. He believed she could identify him so duct taped her arms and mouth. Last thing she said to him was I want my daddy. He put her in the creek and held her down until she stopped moving. If he had been caught back then he would not have been able to molest his sister. But the cops were obsessed with Kevin Fox.
Kevin and Melissa filed civil suit against the Will County Sheriff Department and were awarded more than fifteen million dollars. That was more than any case of its kind. For Kathleen Zellner it was personally the most traumatic case because it affected her in a positive way and is now more determined in those situations. Her career has been devoted to correct injustices occurred within the legal system. Since Kevin she’s had four more cases and working a fifth now. She can't get away from it.
Scott Eby got Life without the possibility of parole. In looking up some things to write this article I learned Scott had thrown away Riley’s underwear in the men’s bathroom but they didn’t even look there. A shoe had been found that Scott’s name was written on the tongue and it was in evidence but they never did anything with that. Just like so many cases, we learn that sometimes Cops latch onto what they THINK happened rather then look for FACTS. We really need to change our system.
If you would like to discuss this case or any other wrongfully convicted case please join our Wrongfully Abused Facebook Page and Group.
www.facebook.com/WrongfullyAbused/
www.facebook.com/groups/WrongfullyAbused/
We also have the official Steven Avery Facebook Page and Group:
www.facebook.com/StevenAveryProject/
www.facebook.com/groups/StevenAveryProject/
Or find us on Twitter at @braverysap
#WeAllLiveOnAveryRoad #NeverGiveUp #WrongfullyAbused #MakingAMurderer