20/20 - True Crime Vault: The Accused

Episode Date: December 16, 2025

David Muir reports: Interviews reveal shocking info on a botched murder investigation into who killed Riley Fox. Learn more about your ad choices. Visit podcastchoices.com/adchoices...

Transcript
Discussion (0)
Starting point is 00:00:00 Step into the 2020 True Crime Ball where you'll hear our most gripping stories. Living the dream, and it all just shattered. Three-year-old Riley Fox was taken from her home in the middle of the night. It was something out of a movie. In an instant, my life was forever changed. The truth is a world cannot still be.
Starting point is 00:00:30 You know, we have followed this case for more than a decade, and we've never been able to get this out of our mind. My daughter is nowhere, nowhere to be found. How old is she? Three? She cannot find a three-year-old daughter. No. Did you have anything to do with the death of your daughter? Not at all.
Starting point is 00:00:48 Not at all. There was this police interrogation 14 hours in this room, and then the young father confesses. It was just unthinkable. Something about that just, it was like, oh my God. Most of us say, I would never confess to something I didn't do. People would be surprised. The family bleeds 100% in Kevin's innocence. They were so focused on this young father that there were signs all over the neighborhood.
Starting point is 00:01:16 The same night Riley disappeared, there was a burglary at the house right across the street. How could all of these signs be missed? That's when things really get intense. For the first time, we're now hearing from the FBI. They started the case all over again, and only then did we learn what really happened. The truth is a broken heart still beats. My first day is jailbird. For one, I should not be here at all. I'm very disappointed in myself.
Starting point is 00:02:02 I could hear people saying, we got the baby Riley killer, kind of singing it. And that is when it all had begun, the journey through the second nightmare in my life. I was the furthest person to do this to Riley, but yet here I am. One family, they were living the dream, and it all just shattered.
Starting point is 00:02:26 Will you do, Dan? Yeah. All right. Dance it up. Dance it up, baby. Kevin Fox is you're all-American guy. A good union job as a painter. Melissa and Kevin went to high school together.
Starting point is 00:02:46 They met after a volleyball game, and she asked him out for a date. We went to homecoming together, and we went to prom together. They were high school sweethearts. He's on the basketball team. She's a cheerleader. We were still dating when God made plans for us, and we had Tyler. And then we got married when he was three. And had Riley a year after that.
Starting point is 00:03:20 He was just such a loving, doting father. I feel like that's what I was put on this earth to do, honestly. That's my joy in life. Riley. He had an especially close relationship with Riley. The two of them were inseparable. But where are you going? What?
Starting point is 00:03:47 She had this perfect black hair and perfect little round face. She just light up a room. Go real fast. She was like a little pocket rocket. Run, run, run, run, run. Riley was a lot like Melissa. She was a spunky, sassy little girl. Hey, where are you going?
Starting point is 00:04:11 She could be a little princess. She loved to have her nails painted. She was funny. She was silly. She was just a sweetheart. Did you go fishing last night? Yes, I am. She wasn't afraid to get dirty and play.
Starting point is 00:04:25 When I think of Riley, I picture her. on Kevin's shoulders. She was always a daddy's girl. Daddy. Hi. Hi. I love you. I love you. She didn't make their heart melt.
Starting point is 00:04:39 Their hugs. Her smile. A really great portrait of the family emerged at the wedding of Kevin's brother. Riley stole the show. In a little snow-white princess dress, she had her hair whipped up into this confection of curls. There was a real long aisle, and she was supposed to take a right-hand turn. She kept on going up the stairs. She just wanted to be up in Kevin's arms.
Starting point is 00:05:14 She didn't really care about throwing the flowers. One of the most moving images from that wedding was this photo of the family together. Kevin and Melissa, Tyler, and Riley, this beautiful young family, and what became heartbreaking about it is that it was the last photo of them ever as a family together. The weekend of June 5th is a turning point in the lives of the Fox family. Mom goes out of town on a breast cancer walk. Got up early Saturday and started the walk.
Starting point is 00:05:56 It was a beautiful day. It was hard. It was long. But we had a really good time together. We were just excited. We had matching shirts and shorts, and we got ribbons for our hair. Kevin and my brother, Tony, were going to go to a concert that night, Saturday night. And my mom had the kids.
Starting point is 00:06:18 We went down to Belmont Music Fest, had some. beers. Stayed there for a while. Right afterwards, we went to a burrito place and then went back to Wilmington. I know that you were partying someone. I mean, how big of an issue was alcohol that night? I wasn't a big issue at all. I had some beers. I was definitely not wasted. Kevin was super adamant about picking the kids up at my mom's, but it was pretty late. I remember looking at the back of the car, and that was the last time I saw Riley. One a.m., he picks the kids up, brings them home. It's late, so he puts them down in the living room.
Starting point is 00:07:06 Because their beds weren't made, he places Tyler in a chair with an ottoman, and he puts Riley on the couch. Watch TV, went outside, and got my smokes. I had a cigarette on the porch. He remembers looking around and not seeing anyone out on the streets. It was just dead quiet. And then I went to bed myself. You went to bed, the kids were sleeping in the living room.
Starting point is 00:07:35 And what's the next thing that you remember? Tyler waking me up and said that Riley was gone. At 8 a.m., Tyler came into... Kevin's room. He shook my leg and said, Dad Riley's gone. And it really didn't sink in at first. He gets up. He starts looking frantically all over the house. He thinks that she may be hiding somewhere. He looks in closets. He runs outside. And he calls the neighbor's house. It was a complete mystery. Nobody had any explanation for where she could have gone, where she would be. So then I started panicking. He decides to call the Wilmington.
Starting point is 00:08:20 Police Department. After about 30 or 40 minutes, he calls to say that he can't find his child. Oh, my father. Yeah, I was going out to see a officer over here. My name's Kevin Fri. I woke up this morning and my daughter's nowhere, nowhere to be found. How old is she? Three? You're kidding. No. You're kidding. No. For a three-year-old to go missing in Wilmington was a big deal. This doesn't happen there. The worst news any parent could imagine. chills through me. Wilmington, Illinois, is the quintessential American small town. 4.2 square miles set amid the cornfields of the Kankakee River.
Starting point is 00:09:16 A small community outside of Chicago. about 5,000 people it's a small town where everybody pretty much knew everybody on the morning of June 6th Kevin Fox is increasingly panicked he can't find his daughter Riley the police come to help him search when police showed up that day one of the first things Kevin mentioned was the front door which he remembered having he thought closed and locked the night before and when he got up that morning, that door was open.
Starting point is 00:09:53 The police stated they found no sign of forcible entry. Kevin told the investigators that the lock on the back door was broken. You know, for the most part, the house appears normal. You can see toys scattered about throughout the house, posters that the kids had made for Melissa still sitting on the kitchen table. But one of the things that they did find was that yellow blanket, still sitting on the sofa where he put Riley to bed. Kevin was super distraught, on edge, crying, scared.
Starting point is 00:10:26 Kevin's wife, Melissa, the day before, went to Chicago to go on a breast cancer walk with her friends. It was beautiful out. We all start walking. Obviously everybody's pretty sore. We were like maybe an hour or so in. I decided to call Kevin. Kevin, he sounded so startled. I knew immediately something was wrong.
Starting point is 00:10:53 You could just see the color from her face just kind of dropped. He just said Riley's gone. And I immediately hit the ground. The phone fell out of my hand. She just kind of collapsed. We got in the car and drove back to Wilmington. We got off 55, and we turned left, the stop sign to head, back home.
Starting point is 00:11:17 It was something out of a movie. I mean, something you never in your wildest dreams. We saw people just combing the woods and the ditches. People on four-wheelers, people are on foot. I feel like the entire town was out looking for her. I think that's when it hit me that this was, you know, this was serious. Police and the community mounted a massive manhunt. The town mobilized immediately.
Starting point is 00:11:42 Neighbors, relatives, friends, and volunteers numbering in the hunt. hundreds joined in the search. They had tables set up, tents set up. There were cops all over. I don't like the circumstances, but it's amazing to see how much people are willing to do for us. I started out searching, and then they told me a sticker on case they had any questions, and you just feel helpless. One of the places people began searching was Forsyth Woods.
Starting point is 00:12:16 just a big area of meadow with a creek running through it a mother-daughter went looking down the creek I just felt compelled to come and look for her through the brambles and leaves and twigs I can't even explain it I just had this really bad feeling about this place and that's why I came here the mother caught a glimpse of something and screams it looked like it was a plastic bag like a grocery bag that was bubbled up in the water so I walked a little closer and that's when I saw her she was face down and she was faced down in the creek hi I love you I love you remember they could came together and find one of our own their three-year-old daughter Riley who'd been missing all day had been found dead There was, like, a lot of commotion, and they came over and grabbed me and Kevin.
Starting point is 00:13:22 They put us in separate cop cars. It felt strange. I didn't understand what was going on. When we got to the police station, they just started asking questions. And I was like, is someone going to tell me what's going on? We walked in to the room where they were at, and, uh, They looked at us and we were all crying. My dad said, it's not good.
Starting point is 00:13:52 She's dead. I think I punched the wall a couple times, the black wall. I just didn't want to believe it. I didn't want to believe it. I remember catching my brother, his knees gave out him, and everybody just sob. Kevin and Melissa Fox are living a parent's worst nightmare. But on this night, at least, they have the support of an entire community.
Starting point is 00:14:26 There had been a vigil that evening where the community came together. The community, they're like there's some predator crazy person running around snatching children. Today I let my children play out in the backyard, fence backyard. however not in the front and that's not normal on this day a lot is happening not only does riley fox go missing but the police are responding to a burglary on the very same block there is a neighbor literally across the street from kevin she had a section of her screen cut out the door was unlocked i think she initially reported that nothing was taken she felt that someone had broken into her house You got to wonder, are these things connected?
Starting point is 00:15:20 The police, the first day or so, received a couple of tips about a suspicious vehicle that neighbors had seen in the area overnight. It was a red Chevy Beretta. The Will County Sheriff's Office says that initial reports that an unknown red car had been prowling the neighborhood early Sunday are not credible. At this point, there is no description of a vehicle used by a possible. kidnapper. At one point it seemed like there were not a whole lot of lead and it was like how did this even happen and who was responsible. Police weren't saying much publicly they were remained extraordinarily tight-lipped in the case but behind the scenes they were already heading out you know into that creek searching for evidence and as we got a little closer I'm like wow
Starting point is 00:16:06 there's a shoe in there it can be difficult to sift out the clues you might even overlook a piece of evidence that could practically spell out the killer's name. This show is supported by Chime. Chime is changing the way you bank. Anyone who's ever had a checking account has probably run into the headaches
Starting point is 00:16:28 that come from banking with an impersonal traditional bank, like overdraft fees, inflexible paydays, and unfriendly customer service. But with Chime, all those headaches are a thing of the past. Chime isn't just another banking app.
Starting point is 00:16:40 They unlock smarter banking for everyday people, the 1%. Chime offers life-saving features like MyPay, which gives you access to up to $500 of your paycheck anytime and get you paid up to two days early with direct deposit. There are never any overdraft fees or minimum balance fees. It's stress-free and fee-free with overdraft protection that you can count on. Plus, with a Chime card, you can build credit history with your own money and get rewarded for everyday spending. No annual fees, no interest, no strings attached. Chim's not just smarter banking, it's the most rewarding way to bank. Join the millions who are already banking fee-free today. It takes just a few minutes to sign up.
Starting point is 00:17:15 Head over to chime.com slash 20, spelled out T-W-E-N-T-Y. That's chime.com slash 20. Chime is a financial technology company, not a bank. Bank. Bank, Bank, and my-pay line of credit provided by the Bank-N-A or Stride Bank N-A. My-Pay eligibility requirements apply, and credit limit ranges $20 to $500. Option. Option.com slash fees info. Advertized annual percent and yield with Chime Plus status only. Otherwise, 1.00-0-0-0-P-A-P-Y applies. No min-min balance required. Chime card on-time payment history may have a positive impact on your credit score. Results may vary. See chime.com for details and applicable terms. Canada's Wonderland is bringing the holiday magic this season with Winterfest on select nights now through January 3rd.
Starting point is 00:17:50 Step into a winter wonderland filled with millions of dazzling lights, festive shows, rides, and holiday treats. Plus, Coca-Cola is back with Canada's kindest community, celebrating acts of kindness nationwide with a chance at $100,000 donation for the winning community and a 2026 holiday caravan stop. Learn more at Canada's Wonderland.com. Three-year-old Riley Fox, Brown Body was found in a creek about four miles from her home. Volunteers found the little girl's body in a creek in the Forsyth Woods.
Starting point is 00:18:33 Police say whoever killed her took her to these woods to try to hide her body. The thing that stood out was the Forsyte Preserve because unless you were from that area, you would never, never find that place. This is the location where Riley is found. This is where she floated up to. Forsyth Woods and Forked Creek where Riley's body was found
Starting point is 00:19:00 suddenly become ground zero for this investigation. And the Will County Sheriff's Department is tasked with leading the investigation. Investigators tonight brought boats to the scene to Cone for evidence. There was a log jam further downstream that went from bank to bank, and anything that got thrown into the water was going to get caught. That's the location where I found the shoe. A little while later, they come across a matching sneaker. There was a tree branch that was in the water, and a shoe flipped up.
Starting point is 00:19:30 It was caught on the shoelace. 20 years, I'd never found a mad shoe. They take the tennis shoes, put them in evidence, and that was the end of it. And here's the thing. There's actually something written in the tongue of the shoe. The letters E, B, Y. They never looked at those shoes. Hi!
Starting point is 00:19:54 Hi. Hi. When Riley is found, she has duct tape across her mouth. She has residue on her wrists that would suggest that she may have been. and duct taped on her wrist. She just had on like a top-type shirt. Her partially clothed body was soon discovered. The toddler's drowned body was found in the creek.
Starting point is 00:20:16 The child was held under the water. Her mouth taped shut. The forensic examination revealed that Riley Fox was alive at the time she entered the creek. Additionally, the autopsy revealed that Riley Fox suffered non-lethal head injuries and that a sexual assault had taken place. The police were hoping to get. DNA evidence from her clothing or from her body. They did a rape kit, and they did test for blood, bodily fluids, not belonging to Riley.
Starting point is 00:20:46 There were about 20 items that were eventually sent to the FBI for forensic testing, the rape kit, the duct tape, Riley's clothes. The problem was there was this enormous backlog at Quantico. The funeral, the funeral. services were held at St. Rose Catholic Church. Six thousand people showed up. We all decided that we were going to wear pink. We had ribbons and pins with her picture.
Starting point is 00:21:21 The little girl who loved pink is mourned by family and friends in this small southwest suburban town of Wilmington. Bits of pink were seen throughout the funeral service for Riley Fox. There were lots of photographers and reporters watching people come and out of the church the police are there too but to surveil to observe to watch for the killer there were two detectives with video cameras pointed at kevin fox within an hour of the funeral ending police came to my house and they asked if there was any reason that i would believe kevin to be capable doing something like this and before the question even came out of their mouth my
Starting point is 00:22:10 answer was no at one point officers asked if they would mind if they asked Tyler the son a few questions Tyler Fox is an incredibly important witness he's the first person who sees that his sister is missing he should have been interviewed on day one they told me if they just wanted to see if they could jog his memory, if he might have remembered something from that night that he might have been afraid to tell Kevin or I. Fast forward, 16 days, he's interviewed by the child advocacy forensic interviewer. You just have a seat there for me?
Starting point is 00:22:51 The interview was a disaster from minute one. Oh, my. I'm Julianne Himmolstein, and I'm a former federal prosecutor. I had the opportunity to interview thousands of children. I normally do not have a desk in between me and the child. I have a box of crayons and paper. Where was finding? On the couch.
Starting point is 00:23:17 How does you get on the couch? The interviewer continued to ask him about where the father was, where Kevin was, to the point where he became upset, I mean, sobbing, crying. He was visibly shaken. He pulls the hood of his sweatshirt over his face. He curls up in his chair. Did you take Brine the outside? No.
Starting point is 00:23:46 Did you see Dad carry her out just for a little bit? It's okay if you did. Did you see Dad take her out for just a little bit? Was he carrying her? A hundred and sixty-eight times, he says his father had nothing to do with Riley's disappearance. 168 times he says he didn't see anything. He was asleep.
Starting point is 00:24:13 But they won't take no for an answer. I need to know who did she go. A detective was behind a one-way mirror. His form was outlined ghostly, like a specter, watching every move. Tyler made every word he spoke. She shuts it down finally. She shuts it down finally.
Starting point is 00:24:43 The kid is hysterically crying. Obviously, he's in so much pain. It's just very disturbing. To watch it hurts your stomach. She made me cry. I had just lost a child and then to see the way to see the way that they decided to treat the one that I still had. It was really terrible.
Starting point is 00:25:07 After they had questioned, Tyler, I knew that that was a red flag. Chad felt that the police were focusing on Kevin. They kept dropping by the house. One officer would come over just to play catch with Tyler. I said, would you please talk to an attorney? No obligation. Kevin and I were like, we're fine. What do we need an attorney for?
Starting point is 00:25:29 Kevin and Melissa don't realize this, but there is this dark cloud of suspicion beginning to form over Kevin Fox. One of the things detectives are looking at is this piece of grainy surveillance video from a mobile station right there in town of an SUV, a vehicle seen in those early morning hours when Riley disappeared. And they believe that whoever's driving that car might be Riley Fox's killer. We were getting ready to have dinner. And the police called me. They said, Melissa, we need you and Kevin to get here immediately. We've got something to tell you about. the case the foxes think this is it this is what we've been waiting for but you know the old
Starting point is 00:26:05 saying be careful what you wish for it had been four and a half months since riley fox disappeared and there's this growing pressure on the chief prosecutor jeff tombsack for some sort of break in the case and there's this other dynamic playing out that people recognize which is that he was in the fight of his political life i mean election day was a week away jeff tombs act wants to be re-elected he's got a tough opponent the race is tight we have the toughest prosecutor's office in illinois that's what i've done for will county and that's what i'm proud to continue to do for the next four years tom's act seemed to be an increasingly uh losing battle for the state's attorney's raise. There are some who begin to wonder, you know, would a high-profile arrest help his campaign?
Starting point is 00:27:05 On October 26th, police contacted Kevin and Melissa. There had been developments in the case. And I was just like, oh my gosh, this is it. They found the person. Like, we're going to know what happened. Now it's the evening. Kevin's been working since 4.30 that morning. But of course, he and Melissa want to know what happened. to their little girl they go down to the police station and then when they get there they immediately separate them they took her down a hallway and they took me um it was like a room up on a stage we walked up the stairs and then it was real real small room it's a little tiny room more comparable to a cell, and they have him pinned back in the corner of the room.
Starting point is 00:28:00 Most interrogation rooms inside police stations are specially designed, no windows, no clock, nothing to connect the suspect to the outside world. They have the capacity to videotape the entire interrogation, but they don't. I am the CEO of Evidence Video. We've been asked to do a recreation based on the testimony at Kevin Fox. I hired actors and I actually had Kevin involved in it, and we recreated the whole interrogation of what had happened. We have actors, and we are recreating the interrogation
Starting point is 00:28:42 based on the best of your recollection. Sit down over there. Scott told me to sit down, and then they were asking me about the night. And then all of a sudden, out of nowhere, he looked at me and said, we have reason to believe that you killed, killed Riley. Tell us the truth. I didn't, sit your ass down. I freaked out.
Starting point is 00:29:04 I stood up and started pointing his face saying, you know, I didn't do this. I took a couple steps, and he was like, sit your ass down. Sit your ass down. Well, what he said, he was just berated, barrage, yelling, swearing, being threatened. I didn't kill my daughter. They said they just wore him down psychologically, emotionally, just tag teaming him, left and right, left and right, left and right. Kevin says detectives then offer him a lie detector test, and he says one of the things they tell him is that this test could actually prove that he wasn't involved in his daughter's death. They asked you, will you take a polygraph test?
Starting point is 00:29:43 They kept on saying that they knew I'd flunk the polygraph test. And so you said, I'll take it. It was kind of like they were, they're egging me on. The test says you killed Riley. $10,000 piece of equipment says you killed your daughter. I did not kill my daughter. Yes, you did. No, I didn't.
Starting point is 00:30:04 Now, this is a commonly used ruse during police interrogation. Get the suspect to take a lie detector test, then tell them they failed it. As part of that process of breaking them down, of making them feel hopeless. I was just shocked. I couldn't have failed it. That's when things really get intense. The police bring Melissa into Kevin. Kevin failed a test.
Starting point is 00:30:28 Means he killed your daughter. I don't believe that at all. I think they were really upset that second I let Kevin know, I don't believe them, it's okay. They didn't want me anywhere near him. In that moment, Detective Ed Hayes, according to a lawsuit later filed,
Starting point is 00:30:44 blew up. Fuck a liar, you fucking murder. and got right in Melissa's face and said, You'll kill your daughter, and he's a liar. The Wilk County Sheriff's Office says that Kevin's account of this interrogation is exaggerated, that it's not accurate. They deny ever trying to intimidate or threaten him. And Sergeant Hay says that he never yelled at Melissa.
Starting point is 00:31:08 Kevin says the police came to him during his interrogation and said, look, either you're this cold-blooded baby killer, in which case it's life in prison, or if you tell us that this was a result of some accidents, things will be easier for you. That's how they get Kevin talking. Just tell us about an accident. So keep in mind, he'd been up since 4.30 that morning. He'd gone to work. Now he's in the middle of this 14-hour interrogation, and he confesses to it. Will police construct a theory that he adopts in which Riley is killed accidentally,
Starting point is 00:31:42 and he then stages it to look like a murder? Kevin had gotten up in the middle of the night, opened the bathroom door, struck her in the head with this door, knocked her out. And he didn't know what to do. So then he said, well, he would make it look like a stranger had come in and done this. Stages, if you will, a sexual assault, and then takes her to the creek and drowns her. I mean, that is an utterly preposterous story. He says, I thought everybody would see it as crazy. He said, I really thought that they would understand that this couldn't possibly have happened.
Starting point is 00:32:24 Did you have anything to do with the death of your daughter? Not at all. Not at all. A lot of people will want to know if you didn't kill Riley, how do you possibly confess to it? Say you were trapped in a burning room and there was only one door and the fire was just flame in a around you. So you looked at this as your only way out? It was my only way out. He thought this was his only way out. Can you tell me another way out? What would you do? After an all-night interrogation, police and prosecutors gathered to announce Kevin Fox had confessed. Mr. Fox gave a statement
Starting point is 00:33:04 that has led detectives to believe that he killed his daughter after placing her in a nearby creep. These detectives, I want to say, and it's their instincts. instincts. They're investigative instincts that led to this statement coming down. It was just unthinkable. A father would do this to his own three-year-old girl, his daughter, a daughter that he adored. Oh, my God. A young girl's father now accused of a brutal crime that stunned this world community. We were sitting there saying to ourselves, do we get fooled by this guy? Was that an, that was that act? He gets arrested. He gets taken to the Will County Jail and book her first-agree murder in connection with the death of his three-year-old daughter
Starting point is 00:33:50 they brought me to the booking room and the first thing I heard one of the guards said hey we got the baby Riley killer and I kind of like looked around because I wanted I wanted to see them too and and she I realized she was talking to me what about the issue of this being politically motivated. You know, this is about your upcoming election. It's just crazy. I mean, the arrest of the defendant was caused by his actions himself. Prosecutors announced they plan to seek the death penalty against Kevin Fox. The judge set bond at $25 million. I wasn't going to let my brother be executed. So Chad approached Kathleen Zellner, a terrific attorney, and said, my brother needs help. I decided to take a chance on him.
Starting point is 00:34:41 Our position is that my client's innocent. I just felt like he was somebody that was really worth trying to save. A young girl's father now accused of a brutal crime that stunned this rural community. The second he's arrested, Chad goes in, the older brother, and retains Kathleen Zellner, as is attorney. Kathleen Zellner is one of the best criminal defense attorneys in the country. We will see them in court. She is, can I say badass? I'd shoot a big gun like this because it's very powerful.
Starting point is 00:35:23 And I like mastering it. She is help exonerate 20 innocent people. Today he walked out of Jolia prison, a free man. Kathleen Zellner's bio is filled with names from cases all of us. over the country that have made national headlines. She represents Stephen Avery, who famously has been portrayed in making a murderer. I have one goal, and that's to vacate
Starting point is 00:35:47 the conviction of Stephen Avery. Part of Zellner's great success comes from her ability to work with DNA evidence. So Kevin Fox was sure lucky when she took his case. Kathleen goes and interviews, Kevin, hit the jail. He looked completely, totally in shock, like someone had seen a car crash. I met her at the jail.
Starting point is 00:36:14 I said we needed her help because, obviously, I believed in Kevin's innocence 100%. Kevin issues a statement that says there's no way that he did this, that he was coerced into the confession. Kevin Fox, in a written statement to the media, denies killing his three-year-old daughter. He says, I tried to cooperate and answer their question. questions, however, they became very abusive, yelling and screaming at me that I killed her. Was there ever, you know, a quiet, dark moment when you thought, is my husband capable of this? Absolutely not. No. I know, Kevin, way too well. I watched him be a parent to our children every day. The family bleeds 100% in Kevin's innocence. It wasn't just the patent.
Starting point is 00:37:06 response that a wife gives when a husband is accused of doing something horrible. He knows he's innocent. I know he's innocent. She believed that, and she knew that. What was life like for you in jail? I couldn't sleep. I couldn't eat. I was a zoo animal where people just wanted to just see me in a cell. Would they say anything to you? Oh, yeah. Child molester, baby killer.
Starting point is 00:37:30 What I was in there for is the worst possible thing you could be in jail for. The worst. Everyone hated me. You kept this diary fearful that you might not survive the ordeal? Absolutely. With all the people that were threatening me, I thought, you know, that my family would get it if I was killed. November 15th, what a restless night. Days in here go by so slow that your mind starts thinking about things that I do not
Starting point is 00:38:06 need to be thinking about if i'm going to make it through this to lose my daughter and then to lose my entire family five months later it was it was very hard november 25th when i get out i will definitely appreciate life more than i ever have love is a powerful thing and the lord sees my love for my family so he will reunite us i know he will well i thought about killing myself a couple times But I knew I'd get out one day and be with my family again. Riley Fox's murder shocked the small town of Wilmington. It united residents together. Now, Kevin Fox's arrest has divided Wilmington.
Starting point is 00:38:52 Some residents feeling betrayed. There were definitely a lot of people who turned on the family at that point. To find out all the stuff we've been finding out, that's terrible. How can somebody even do that? Especially to your own child. We went from being the victims of the crime and having everybody's sympathy to all of a sudden we were bad people.
Starting point is 00:39:20 We're at a location that convinced me that Kevin's confession was untrue, that it was false. The first thing Zellner did was begin to reenact the crime to see if it comported with the way detectives were describing it. They got out a bag and weighed 40 pounds, the same was a Riley weighed at a time. Police reportedly say Kevin Fox confessed to leaving his daughter's body just under a bridge. But Fox's attorneys say that's impossible because the current here isn't strong enough to have carried the girl a quarter mile downstream to where she was found.
Starting point is 00:39:58 Then Zellner and her investigators went to the house looking at the bathroom door. The bathroom door was a hollow cord door, which would never have caused any kind of serious damage, even if he had struck her while she was sitting on the toilet. The state's attorney should have checked all of that out, because a confession has to be corroborated. You know, in spite of her long list of courtroom victories, Kathleen Zellner is really concerned that this confession from Kevin Fox will be enough to convince a jury to convict him. I was extremely worried about what I'd gotten myself into. No matter how good an attorney I am, and I actually think I'm quite a good attorney,
Starting point is 00:40:40 he was going to be convicted. So as you're sitting there with your client, what are you thinking are his chances? I felt like I was looking at a dead man. Zellner is convinced that the only way Kevin Fox can avoid a guilty verdict and can avoid the death penalty now is just. DNA. While Zellner's team continued to try to poke holes in the story offered by investigators, Zellner discovered that there actually was DNA evidence.
Starting point is 00:41:12 There was saliva found in the rape kit. DNA samples collected from the body of Fox's daughter, three-year-old Riley. DNA evidence was available in the murder of Riley Fox last June, but it required sophisticated testing. It was the type of DNA that you couldn't absolutely 100 percent. say it matches person A or person B, but you could use it to eliminate people. In court today, his attorney in an unusual agreement with prosecutors moved to allow an outside lab to do sophisticated DNA testing. That could either implicate or exonerate Fox.
Starting point is 00:41:51 Do you remember the day she came to give you the news? She said that we got the test results back for the DNA, and I just said, I just clapped. My woman, my name's 7.5. I woke up this morning, and my daughter is nowhere to be found. How old is she? The truth is a broken are still being. You know, we have followed this case for more than a decade,
Starting point is 00:42:28 and we've never been able to get this out of our mind. He just said Riley's gone. And I immediately hit the ground. The phone fell out of my hand. Their three-year-old daughter, Riley, who'd been missing all day, had been found dead. There was this police interrogation, and then the young father confesses. Kevin Fox was questioned for 14 and a half hours. We see this commonly in false confession cases.
Starting point is 00:42:58 Mr. Thompson? David Muir with ABC News. We'd like to talk you about the Riley Fox case. Actually, I wouldn't, I have court this morning. They were so focused on this young father that there were signs all over the neighborhood. How could all of these signs be missed? One of the things that they found was a pair of shoes.
Starting point is 00:43:17 That was something that was never followed up on. The incredible thing is for the first time we're now hearing from the FBI. They started the case all over again. We're not going to show your face, all right? And only then did we learn what really happened. The NBA is happening Christmas Day. Five games, one unforgettable lineup.
Starting point is 00:43:46 That's what Christmas is all about. Buckets for breakfast, breakaways for dessert. It's the holiday tradition. Christmas is all day. With star power from across the globe. The stars, they are going to be out. The best gift, you don't even have to understand. Rabbit. We want to say Merry Christmas
Starting point is 00:44:02 and Happy New Year! NBA Christmas Day begins at noon Eastern on ABC and ESPN. Ella McKay, now playing in theaters. Your father's here. Why? From writer-director James L. Brooks comes the perfect holiday movie to see in theaters.
Starting point is 00:44:18 I'm a different person. I have never in my life. Help this way about any other woman. Jesus! I wasn't counting your mother! Critics declare it's hilarious, smart, and with Emma Mackey's performance, a star is born. It's complicated when you come from our family. Stop trying to be normal and pick something easy. LMAK, Ritty PG-13. I haven't seen these boxes, I would say for probably 10 years.
Starting point is 00:45:00 Three-year-old Riley Fox was taken from her home in the middle of the night. It brings back a lot of memories about the criminal case, the civil case, everything. And it's just such an incredible story. After an all-night interrogation, police and prosecutors gathered to announce Kevin Fox had confessed. Most of us say, I would never confess to something I didn't do. people would be surprised police interrogation unfolds in two stages
Starting point is 00:45:36 the first stage is about reducing a suspect to hopelessness I denied the whole thing all night and said I didn't do it I didn't do it and they would not believe me they'd go back and forth between promising and threatening
Starting point is 00:45:52 it's a classic case of a false confession if you're done filling this out And you don't admit you murder your daughter. You're getting 30 years to life. Kevin and Melissa agree to actually reenact the interrogation as best as they could remember what it was like inside that room. Listen to me. You fucking killed your daughter.
Starting point is 00:46:15 A fucking child killer. The Will County Sheriff's Department, they dispute what Kevin Fox said went down in there. I didn't kill my daughter, though. Yes, you did. Kevin Fox was questioned for 14 and a half hours. We see this commonly in false confession cases. That's not by accident and only adds to the suspect's desire to get out of that room.
Starting point is 00:46:39 I was exhausted. I had guys yelling at me saying I was going to get raped. They told them, I know people in prison that will rape you every day. The detectives and that sergeant, they deny that they ever threatened Kevin Fox during that interrogation. And there was something else that they denied. They denied ever showing Kevin a crime scene photo of his dead daughter. They showed me the picture of Riley in the Creek, dead, bound, mud on her face. That was just the breaking point.
Starting point is 00:47:13 The fact that he had to actually see it just breaks my heart for him. Now this goes on and on and on. until another ruse happens during this interrogation. An officer rushes in and says, I've just spoken with one of the prosecutors. It's just going to be like a misdemeanor, involuntary manslaughter. You can get out on bond.
Starting point is 00:47:41 Everything will be okay. If you say that you did it, they can work out a deal for you. Those are the words that led him to give the statement he gave. Some of the sheriff's investigators actually acknowledge that they did discuss involuntary manslaughter with Kevin Fox. They said they made no promises. By the time Kevin Fox confessed,
Starting point is 00:48:05 it was about 8 o'clock in the morning. He'd been awake for more than 24 hours. I pretty much went along with their story to get out of there. Now, police say, Fox has given a videotape statement implicating himself. These are really powerful. psychological tactics. They are very good at getting confessions from guilty people, but they are so powerful that they can also cause the innocent to confess. I would never, in a million years, prosecute a case with only one piece of evidence and that one piece of evidence being a confession.
Starting point is 00:48:45 I need confession plus DNA, confession plus fingerprint analysis. A whole array of other there are bits and pieces of evidence to corroborate the confession. A confession isn't magic. It's a piece of evidence, just like any other piece of evidence. You have to test it against what you know, against what the facts tell you happen in this case. It's the worst hand you can be dealt as a defense attorney because jurors are going to convict somebody who's confessed to something
Starting point is 00:49:25 unless you've got DNA evidence. I remember something with Kathleen Zeller. DNA is how she has been able to free people to get them exonerated. They did get some genetic material from Riley. The DNA was collected two days after the toddler's body was found in a creek near Wilmington. The problem is five months later, it still hadn't been analyzed. In November then, Jim Glasgow defeated Jeff Tomzack and took over. the state's attorney's office after glasgow came in there was that DNA evidence that had been
Starting point is 00:50:00 sent to the FBI had been sitting there was recalled they said send it back to us that DNA evidence was sent out to a private lab they're pinning their hopes to the DNA tests hoping they might prove his innocence before the case ever goes to trial he knows he's innocent I know he's innocent the answer is like we say lie in the DNA testing bear in mind if that DNA analysis had come back as Kevin. It was game over. He was going to be on death row. It makes all the difference. It makes all the difference. Test results arrived last night. The DNA did not match Kevin Fonces. They came back and said, this is not his DNA. We can't tell you who it is, but we can tell you it's not his.
Starting point is 00:50:48 I never expected the DNA result to come back in this fashion. We were shocked. We were shot. at the result. Glasgow sees this. To his credit, does the right thing. I said, well, there's one thing that's certain to me. I can't prove this case beyond a reasonable doubt. And the moment that I reach that decision, I cannot continue to prosecute that person. And that's when he said to me, I'm going to release him tomorrow.
Starting point is 00:51:13 Kevin Fox is free after prosecutors concede there is now considerable doubt about his guilt. Prosecutors dropped all charges against the Wilmington's against the Wilmington father it was a nightmare and i don't want to relive it right now i don't i don't want to i'm happy if you want to take away one thought in this case is do the test before you make the arrest even after i got out of jail i still had people coming up to me and saying i was a child killer a child molester and threatening to shoot me and my dog this was after the DNA, after the DNA, after I got out of jail. Kevin Fox has ruled out.
Starting point is 00:51:56 This is a game changer. Now you have to refocus this investigation. The DNA proves that you didn't do it. But then the question becomes, who did? And then the other question becomes, what else may have gotten missed, left out? Witnesses reported seeing a strange red car parked right in front of the fox at home. When we found out that they had the killer shoes. in evidence, and had never pursued that.
Starting point is 00:52:25 It's like, wow, all this time right there. Attorney Kathleen Zellner has filed a civil rights lawsuit. Fox is suing county sheriff detectives. Kathleen Zellner files a federal lawsuit accusing the Will County Sheriff's Department and the Will County Prosecutor. of wrongful arrest. I felt like the civil trial was our way of shedding light
Starting point is 00:52:57 on what they had done. It was to retain my reputation to get my story out there to tell the truth. Will County detectives on trial insist that they did not manipulate, rush to judgment, or coerce a confession. Their attorney saying they had probable cause
Starting point is 00:53:15 to arrest and charge, Kevin Fox. It was extremely hard for the detectives. They believed that they did the right thing. I believe that they did in their heart what was right. To this day, I do. Attorney Kathleen Zellner told jurors, detectives focused on Fox ignoring other evidence. One key thing they don't do is look at burglaries.
Starting point is 00:53:38 A neighbor across the street from the foxes, she said that she'd had an attempted burglary. They told us the whole time that there was no connection at all. They didn't really investigate that. That will be a momentous mistake down the road. One of the reasons that the police stated that they suspected Kevin was they found no sign of forcible entry. In fact, the back door was, the lock was broken and couldn't be locked.
Starting point is 00:54:05 The two of you sat across from me and said there must have been an intruder. We knew there had to have been. And we even said from day one that someone went in the back door and then took her and went out the front door. I talked to one of our lieutenants in charge of investigation who advised that it doesn't appear to be any forced entry. If I heard one more time from Will County that there was no forced entry,
Starting point is 00:54:27 I think I was going to snap. You don't have to force yourself into a door that's already broken. Kathleen Zellner believes that these detectives are obsessed with a piece of security video from a local gas station that shows a vehicle going by at about the time that Riley Fox disappears. And she says detectives are convinced
Starting point is 00:54:45 that that could be Kevin Fox's Ford Escape driving past that gas station. Did it look like his car? No, it did not. You would have to have the license plate or a very clear picture of his face to ever have that hold up in court. Kathleen Zellner and her investigators
Starting point is 00:55:04 believe that detectives are so focused on this vehicle that had been seen driving past that gas station, that piece of security video, that they actually overlooked what they'd been told about in that neighborhood. This is suspicious other car, a red Chevy Beretta. It happened to look, Donner, and I did see a red car.
Starting point is 00:55:22 I'd never seen it there before. They said they didn't think that had anything to do with it. And you'll remember that DNA that had been sent to the crime lab to be tested, and it wasn't actually even tested until months after Kevin Fox had been arrested. Well, suddenly at trial, there's another explanation as to why so much time had come by. Someone from the Will County Sheriff's Department contacted Quantico. somebody calls the FBI instead stop testing the DNA then it furriates me how dare you
Starting point is 00:55:54 the Will County investigator the sergeant who says he called that lab says it was all a misunderstanding he says that he called them and told them to stop testing for DNA only on some of the items not all of them which again is another sign that they were so certain in their false assumption that Kevin did this that they didn't continue to pursue other avenues. Today, a jury decided that Will County Sheriff's investigators crossed way over the line. The jury agreed that Will County Sheriff's detectives failed to follow up on DNA that eventually
Starting point is 00:56:31 cleared Fox after he spent eight months in jail. After a federal civil trial and 16 hours of deliberation, jurors awarded Kevin and Melissa Fox $15.5 million. dollars. Jurors rejected the most serious charge that investigators conspired to frame Fox. The jury awarded damages to the foxes for false arrest and other claims, but not conspiracy or false imprisonment. An appeals court later reduced the amount to about $8 million. It's over now and it feels great. They have sent a message to Will County and I hope Will County is listening because this kind of behavior needs to stop. All of the
Starting point is 00:57:15 the detectives, except for one who died, remain on the job. Many of the officers involved in the Riley Fox case went on to have long careers with the Will County Sheriff's Department. Jeff Tomzak, the chief prosecutor in this case, it turns out he negotiated some sort of resolution with the Foxes before this actually went to trial without admitting any kind of wrongdoing. We wanted to know what he thought about this DNA, you know, suddenly excluding Kevin Fox and being awarded millions by this jury. Mr. Tom Zett, David Muir with ABC News.
Starting point is 00:57:49 We'd like to talk to you about the Riley Fox case. Actually, I wouldn't, I have court this morning, so I'm going to run over there and do my court. Can we do it after court? Because we called you several times on the case, and we'd like to talk about it. Actually, no, thanks. Do you think that Kevin Fox was treated fairly?
Starting point is 00:58:00 I stand by the decisions I made on that case. Can you stand by the detectives? I stand by the decisions I made on the court. Kevin and Melissa Fox hope the jury's decision sends a message, not only to the Will County Sheriff's Department, but also to those who still harbors suspicion that Kevin somehow played a role in his daughter Riley's death. We're going to continue our fight,
Starting point is 00:58:25 and our next step is just to fund the investigation to find our daughter's killer. I think most people in the media and also the community and even to a degree of the family had resigned themselves to maybe never knowing what really happened. you know, who was really responsible. In June of 2009, five years after the death of Riley Fox, the case gets a jolt of new energy
Starting point is 00:58:56 when the FBI sends a team to Wilmington and starts an investigation from scratch. I asked my supervisor if we could work the case. His initial responses were no, no, no, no, no. but I kept asking him day after day after day and I finally broke him down. She was on that case and she wanted to solve it and just kept pushing, pushing, pushing.
Starting point is 00:59:23 When you do that, things will break your way out of the blue. They came across a young lady who told them that she had a suspicion this person might have been involved. I just had a bad feeling about him and I didn't know who to tell. Hey guys, it's Kamel Nanjiani. my new stand-up special Night Thoughts premieres December 19th on Hulu.
Starting point is 00:59:45 I promise you're going to laugh. I am an immigrant. I am. Are there any other immigrants here? Okay, what you can't do is point at someone else. Don't miss Night Thoughts on December 19th. Streaming on Hulu and Hulu on Disney Plus for bundle subscribers.
Starting point is 01:00:04 Terms apply. That wasn't my call. If it was my call, terms would not apply, but it's not my call. Terms apply. My name is Percy Jackson. Getting in trouble is like breathing for me. The hit series returns to Disney Plus and Hulu.
Starting point is 01:00:16 The danger the camp is under is greater than you can possibly imagine. For the key to our survival, three of you must quest to the sea of monsters. Let's go do the impossible. I'm not going to let some stupid monsters stand in my way. Percy Jackson and the Olympians, new season now on Disney Plus and Hulu. Ritted TV, PGV. When Kevin Fox walked out of the Will County Jail after being cleared of charges, he killed his three-year-old daughter Riley.
Starting point is 01:00:54 The investigation essentially went back to square one. Since it's not him, because the DNA rules him out, says he's not the person. Who is? Now you have to go back over the evidence and figure out who did this. because you know it isn't Kevin Fox. Authorities say they have no strong new leads in the search for Riley's killer. The Fox family still offers a $100,000 reward
Starting point is 01:01:19 for information that leads to the killer's conviction. Do my daughter's killer, you will be caught no matter how long it takes. In 2009, I just got to the point where I said, we've got to do something drastic here, so I asked the FBI if they would get involved. The Riley Fox case is, to me, the most important case in my career. When I see this little child that was just so beautiful and rambunctious,
Starting point is 01:01:54 there's no way you can't want justice for this child. They took 30 agents and descended on Wilmington and did a massive amount of interviews. Just kind of saturate the area with agents and task force officers, and just to conduct a boatload of interviews and see what we could find. They came across a young lady who told them that she had a suspicion but had no reason other than gut feeling
Starting point is 01:02:19 that this person might have been involved in the murder. We are all. So the FBI talks to this woman, and then 2020 ends up talking to her as well. She has since died, but at the time she agreed to do the interview as long as we blurred her face. We're not going to show your face, is that correct?
Starting point is 01:02:36 Mm-hmm. All right? When Riley Fox was abducted and killed, this woman lived right there in Wilmington, right down the street. And she actually remembers that her family helped in the search effort the day of Riley's disappearance. She was a little hesitant to speak with us at first. Then we identified who we were, why we were there, and she stepped outside to talk to us outside her house. She told us about a guy that she was having a relationship with who had since left the neighborhood. I just had a bad feeling about him.
Starting point is 01:03:06 And I didn't know who to tell him. When the FBI came, I said, I'm really glad you guys are here. And I just gave him his name. She told us about Scott Eby. A guy by the name of Scott Wayne Eby. You knew a guy named Scott Eby, right? Mm-hmm. Who is Scott Eby?
Starting point is 01:03:24 An ex-boyfriend of mine. Just describe him for me. Tell me what kind of person he is. Um, a creep. The summer that Riley Fox disappeared, Scott Wayne Eby, was 33 years old. He'd been married, in and out of prison.
Starting point is 01:03:41 He was living right there in Wilmington with his mother. And it turns out he was living with her one mile from the Fox family home. They'd had a very peculiar conversation when they were out for a walk together, walking through Riley's garden. And he had made some comment that left her chill. I was saying,
Starting point is 01:04:04 I can't believe somebody did that to the sweet little girl. And he said, oh, that was such a shame, wasn't it? And the way he said it was, like, cold, like he didn't mean it. She told us that he had since moved out of town, and she knew he was incarcerated for a sexual assault of a family member. Scott Eby was five hours away in prison in Southern Illinois. I asked Jeremy, hey, let's go ahead and try to get this guy interviewed. He was way in the southern portion of the state.
Starting point is 01:04:41 It was a hike. In all honesty, he was someone I was just going to check off my list. He had no idea where we were coming. We kind of showed up out of nowhere. And that was intentional. He was very respectful, very responsive to our questions. Did hesitate? Didn't seem nervous. He was just trying to kind of collect his thoughts as to why in the world the FBI is here to talk to me.
Starting point is 01:05:05 And what I should do about that. about that. He said he had heard about the case, but other than that, there wasn't really anything that he could tell us or help us with. He did remember where he was that day, which makes him no different than anybody else that we talked to, really. I shook his hand, and we left. And as we were walking from the building to the car, I looked at Jeremy and I said, that is the
Starting point is 01:05:29 clamiest hand I have ever shaken. they left he got on the phone with his mother on a recorded call hello you have a prepaid call from scott ebby an inmate at lawrence correctional center Scott eb had contacted his mother to tell her that he wanted to see her immediately he had something to tell her hello what's there mom um I got an emergency. You got to drop everything you're doing and come down here and see me as soon as you can. We went to interview the mom, Scott Eby's mom.
Starting point is 01:06:23 2020 obtained a recording of an FBI interview with Scott Eby's mother. I'm here with Sharon Eby and Special Agent DeLoy Warren, a special agent, Jeremy Rezar. He told me that I needed to get down to the prison, to see him immediately. And he said that he did something for the rest of my life in between the country, mom. It's something really, really, really bad. Yes, it's something really, really, really bad. I drove down there, and when he came in, you know, he hugged me,
Starting point is 01:07:12 and he said, you remember the little Raleigh girl? All of a sudden, my phone started ringing off the hook from the prison where Scott Eby is in. Scott Eby had attempted to commit suicide. And he has written a letter that was actually addressed to the FBI agents who had spoken with him. This is a confession to murder with two exclamation points at the end.
Starting point is 01:07:49 And then that started a succession of admissions and finally a videotaped confession. Go ahead and have some of you. You're no dummy, so you know, you know, there's some people here that's going to talk to you, okay? We knew that we needed to get down there and interview him to do the follow-up interview based upon everything that we learned at this point. Paul, we ask you any questions. You must understand your rights. You have the right to remain silent. Anything you say can be used against you in court. You have the rights. As we do with any other interview him, he's in custody at the time.
Starting point is 01:08:22 We read him as Miranda writes, and he immediately advised us that he wanted an attorney. Knowing that you have those rights? I think I'd really have a lawyer. All right. That's certainly your decision. I'll candidly tell you some frustration. You know, it was obviously our hope to talk to him. But nevertheless, both of us were completely understanding the fact that we could not talk to him at that point.
Starting point is 01:08:46 That's your decision. That's certainly your right. Okay. Okay. So we left the room and, of course, very disappointed. Thank you for the time, Scott. And good luck to you. Good luck to you, man.
Starting point is 01:08:58 All right. About 75 seconds later, he looked up at the camera and as it was still running and said that he had changed his mind. If you guys can hear this, I changed my mind, I'll talk to you. We went back in and Scott, E.B. basically told us the story from beginning to end as he wrote in the letter.
Starting point is 01:09:37 I really don't remember much of that evening. I mean, I remember drinking a lot. At that night, he advised that he had been drinking and using cocaine and looking for homes to burglarize. I guess I got it into my head to go rob. He told us that he got a thrill out of robbing homes. That's what I've been to the penitentiary for several times and stuff, you know what I mean? I get drunk and I go and commit residential burglaries and stuff. He goes on to reveal several other things that the police missed. I drove around a little bit, I think.
Starting point is 01:10:23 I don't remember how I ended up in India or whatever, but I did. And I started walking around from house to house and checking doors and windows and stuff like that. You know, easy access into somebody's house. The same night Riley disappeared, there was a burglary at the house right across the street. It turned out that EB was a person who had burglarized the home across the street.
Starting point is 01:10:53 I discovered the old lady's house a few doors down from me. few doors down from Riley's. I cut the screen door, walked through the lady's house, seen her sleeping inside her bedroom, went into her wallet, found $40 inside her wallet. She didn't have anything else really to steal, you know what I mean? So I left out of her house. Authorities say that Eby said he walked from that neighbor's house right to the back door of the fox home, and that door you'll remember had that broken, When he got to the Fox's house, he tried the back door and he said it was open, unlocked. So he didn't have to break in. He just walked in.
Starting point is 01:11:38 One is the living room, and that's where the babies were sleeping on the couch. Scott Eby said he entered their home and didn't find anything of value to steal. And that's when he saw the children sleeping in the family room and had a sudden. urge to take Riley. They didn't have nothing to steal or nothing like that, you know what I mean? Otherwise, I probably would have been in and out of there too, you know what I mean? I was getting ready to leave and I looked back and I don't know, for some reason, I just, um, I fixated on that little girl.
Starting point is 01:12:18 Once I decided that I was going to go through with her or whatever, I only got my car. and I'm back into the box of the driveway. Remember, Kathleen Zellner said detectives were so focused on that one vehicle that they saw in that security video, driving past that gas station, even though witnesses in the neighborhood had mentioned another car, this red Chevy Beretta. And then Scott Eby's mother eventually describes the car that she says her son was driving that night. Do you remember what kind of car he had at the time? He was driving a red barretta.
Starting point is 01:12:52 Chevy. I picked her up, and I put my hand over her mouth. I don't know that I've ever seen a horror movie. As excruciatingly evil is his confession. I almost put it right back down. You know what I was in the house? Yeah. I bet.
Starting point is 01:13:08 And I've wished to get out. There you do. Yeah. He blames the foxes for not having enough for him to steal, so he steals their daughter. The most precious thing that they have. He took her from the house, put her into the trunk of his car. Closed the lid and then got in the car and left.
Starting point is 01:13:35 He had been wearing a bandana to cover his face, and it came down, and Riley saw him. And I realized that my mask is no longer on my face, then I really panic. Dad! Hi. Hi. I love you. I love you. One of the things that Melissa Fox always said was that she hoped that when they found Riley's real killer, that it would provide closure for the family.
Starting point is 01:14:10 But what it did was it opened a whole new chapter of pain when they realized what had happened to their little girl. I needed to know what happened to her and what she went through. but now it's kind of like torture. Now it's like I'm torturing myself with those details. When you walked in to grab her and that she was on the couch? Yes. She had blanking or anything over her. How was she kind of situated?
Starting point is 01:14:42 No, I can't recall exactly. She was laying. If you're facing the couch, she's laying on this end of the couch. As E.B. keeps talking, he describes how he put Riley Fox in the trunk of his car and took her to Forsyth Woods. And his account reveals even more mistakes in the investigation. Eventually, we found that she was sexually assaulted in that bathroom that was on that property. To our knowledge, that had never been processed for evidence. He had been wearing a bandana to cover his face,
Starting point is 01:15:21 and then it came down and that Riley saw him. She's looking directly at my face and stuff, and I realize that my mask is no longer on my face, and then I really panic. He made that leap from sexually assaulting her to this warped idea in his head that he needed to take her life at that point. I can't fathomile somebody can do that.
Starting point is 01:15:44 And this is evidently the last thing She says to him, I want my daddy, I want my daddy. The man who was accused of killing her was the man she was crying out to in her last moments. He decided to take her and drown her in the nearby river. And Scott Eby admits to leaving clues at the scene of that horrific crime, his shoes, his size 12 sneakers. One of the things that they found and didn't realize that. the critical importance of it was a pair of shoes. They were white, all white, high tops.
Starting point is 01:16:22 I think there were Rydels. I threw the shoes into the river because I had that shoe prints on the muddy bank. I got rid of the shoes, which was stupid, you know. And you'll remember right back to the very beginning, the shoe inside it, the leg, the letters E, B, Y. It wasn't super clear, but you could see
Starting point is 01:16:50 what looked like an E, a B, and a Y on the inside of the tongue, that it was handwritten. His last name. To tell you the truth, I expected somebody to be coming down talking to me a long time ago because they had my last name
Starting point is 01:17:04 printed on the tongue of a shoe. The only thing I ever heard about a shoe, they wanted to know what size shoe, Kevin wore. And their sizes didn't match. the size of that shoe, and we never heard about a shoe again, because it didn't fit their crime. That was something that was never followed up on, very much like the burglary at the house across the street. And so when we found out about that as a report, we were like, oh my God, it was just like, are you kidding me?
Starting point is 01:17:37 You've now learned that there was a suicide call at this man's house. In Wilmington police were at his house. One of the things in looking back at this case all these years later, it's incredible when you realize that Scott Eby, who killed Riley Fox, he had an encounter with Wilmington police officers just hours later, that same day. A pill bottle of axicoding, I swallowed him, hoping to kill myself. Scott Eby said he attempted suicide the day that he killed her later that day. The next thing I remember, the police officer was knocking on my door.
Starting point is 01:18:21 I actually ended up vomiting right there in front of him and stuff. The very day of the murder, Wilmington Police, not the Wills County Sheriff's Office, visited Scott Eby's home because they had been told by a friend of his that he had threatened to commit suicide. I asked him now, I was like, what's up with that little girl and stopped and find her. So the day Riley Fox disappears, they're called to his house. Correct. On a suicide attempt. Right.
Starting point is 01:18:50 And had they run his name for a system, they would have seen a criminal history? Yes. And he has all the red flags that they should have picked up on, from the burglary convictions to the suicide attempts, to the inquiries about Riley. I mean, he did everything but set a siren off at his house. I'm the guy. I can forgive a mistake. People are human, I get that. But they almost completely ruined our chances of ever knowing what happened to our daughter.
Starting point is 01:19:21 And so I hate them for that. For almost six years, you thought this was going to be like a celebration day, and it feels quite the opposite. He stole something very important from the world. She is gone, and there's not this amazing girl here anymore, but there's disgusting people like him here. That's disappointing. So you have to remember, Kevin and Melissa Fox are now about to be face-to-face with a man who killed their daughter and who was going to allow the daughter's father
Starting point is 01:19:56 to be sent away and faced the death penalty himself. I'm sad that that was the last phase that she saw. He's scary. He's terrifying. I just bring fresh flowers every time I just bring fresh flowers every time I come. On March 31st, I like to think more about the day she was given to me, not the day she was taken from me. I just wonder, for Riley, if you've had a moment to say, we did it. We never gave up. But yeah, it was nice going there and putting some roses on her stone and saying that it was over.
Starting point is 01:21:07 And then I'd see her sometime in the future. Good afternoon. About a half an hour ago, I appeared before the Honorable Gerald Kinney, the Chief Judge of Will County, and obtained a warrant for the arrest of Scott Eby. Scott Eby pleaded guilty in 2010, and as he was about to be sentenced to life without parole, Kevin and Melissa Fox came face to face with their daughter's killer in that courtroom. I came to face you so you would know how important standing up for Riley was to me. She was defenseless that night, and that makes you a coward and a mom. It was given a life sentence and he pled guilty to him multiple counts of murder and aggravated criminal sexual assault. It ensured that he would be behind bars for the rest of his life. Melissa was unwavering in her support for Kevin, even as, you know, members of the community began to turn against them.
Starting point is 01:22:02 They had another daughter together after all of this, Tegan, but we always wondered how much can a marriage actually take. Careful. It just was too much. too much for our marriage to withhold, I guess. Melissa's a remarkably courageous, resilient person who had the character to stick with him because she knew he was innocent. It was an extraordinary story of tragedy, but redemption.
Starting point is 01:22:31 Both Kevin and Melissa would go on to find new love, new lives. Kevin and I are both happy and healthy. We're both remarried and have amazing families. The truth of the matter is, they'll never get their daughter back. The little girl who was the flower girl at her uncle's wedding who ran down that aisle and right into the arms of her father. She had an unmistakable bond with her father whose family never gave up on him
Starting point is 01:22:57 and a family that will never forget its little girl. Dad, I got sick. You got a stick? It will forever be devastating and I'll forever have a hole in my heart. But I think because I have suffered such. Great loss. I see the world in the blessings and love that I have in such a different way. Dad! Hi. Hi. I love you. I love you. You've been listening to the 2020 True Crime Vault. Friday nights at 9 on ABC, you can also find all new broadcast episodes of 2020. Thanks for listening.
Starting point is 01:23:42 Go behind the scenes with Taylor Swift. Disney Plus invites you to experience a streaming event for the eras. I wanted to give something to the fans that they didn't expect. And we're going to do everything in our power to blow your mind. Don't miss the exclusive six-episode docu-series. This is the biggest challenge we've ever done. Tonight, we complete that challenge. The end of an era.
Starting point is 01:24:05 First two episodes now streaming, only on Disney Plus.

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.