On or about June 6, 2004, Riley Fox disappeared from the family residence and was subsequently found murdered. During the June 7, 2004 autopsy of Riley Fox, certain samples were taken and placed into evidence. The forensic evidence in the case led to the conclusion that the victim was sexually assaulted contemporaneous with her murder.
On October 26, 2004 the defendant made a statement to the police claiming knowledge of the circumstances of the victim’s death and he was arrested. During the five months between the time the evidence samples were taken, and the arrest of Kevin Fox, no DNA testing or comparisons were obtained by then State’s Attorney Tomczak.
On October 28, 2005 then State’s Attorney, Jeffrey Tomczak, appeared in open court and filed a criminal complaint against the defendant in this case announcing his intent to seek the death penalty. On February 25, 2005, the State’s Attorney’s Office and the defense team of Kathleen T. Zellner, Paul DeLuca, and Douglas H. Johnson agreed to a process for performing DNA comparison testing of the samples removed from the victim’s body and samples voluntarily obtained from the defendant.
At approximately 5:55 p.m. on June 16, 2005, the parties received a laboratory report from The Bode Technology Group, Inc. which stated that the samples obtained from the victim’s body contained DNA from an unknown male subject and excluded the defendant, Kevin Fox.
Based upon the DNA test results that exclude Kevin Fox as a possible donor of the samples obtained from Riley Fox’s autopsy, the People lack probable cause to continue to hold him on these charges and would be unable to meet our burden of proof of beyond a reasonable doubt.
The State’s Attorney has advised the Will County Sheriff’s Office to refrain from commenting on this case, due to the fact that there is an ongoing investigation and a pending federal lawsuit.