Suit: State's attorney tricked Riley's dad into confessing

[NNN0LHI]

http://www.suntimes.com/output/news/cst-nws-rileyfox26.html

Former Will County State's Attorney Jeff Tomczak helped coerce a bogus confession last fall from the father of 3-year-old murder victim Riley Fox in a last-ditch bid to win re-election, an amended federal lawsuit filed Monday charges.

The new allegation comes in a lawsuit filed by Kevin Fox, who spent more than eight months in custody after being charged in October 2004 with sexually assaulting and murdering his youngest child. Charges against the 28-year-old Wilmington man were dropped in June after DNA tests failed to connect him to Riley's death.

The revised federal lawsuit contends Tomczak -- locked in a tight political race -- worked in the final days before the Nov. 2, 2004 election with nine Will County sheriff's department officers to pry a confession from Kevin Fox. snip

Following 141/2 hours of questioning, Fox on Oct. 27, 2004, gave investigators a 20-minute videotaped statement in which he said he accidentally killed Riley. Fox contends he was coerced into making the statement after being promised he wouldn't face first-degree murder charges. snip

Tomczak, a Republican, narrowly lost his re-election bid to Democrat James Glasgow.

[Iowa]

1. I've always wondered how anyone could cave...

and admit to a horrible crime they didn't commit, just because someone kept badgering them. I can't imagine doing that, but people do it all the time so there must be much more to it than meets the eye. Still, if someone were to do it to me it would just piss me off and clam me up.

[Tempest]

2. Psychological torture

Being interrogated for 14 1/2 hours will break down your defenses, cause you to mildly hallucinate and admit to just about anything.

As this case proved.

[msmcghee]

4. They make you think they have proof of your guilt . .

. . then they offer you a deal on the penalty if you admit it.

If they told you that they could prove you killed someone (even if you did not) and then let you choose the death penalty (if you refused to cooperate and demanded a lawyer) or 20 to life if you admitted guilt right now and signed a statement, what would you do?

If you knew the law and were experienced with felony prosecutions you might be OK - but the vast majority of innocent people are not experienced in these things.

[True_Blue]

6. According to another article he was even threatened with prison rape

"During a 14-hour, 20-minute interrogation, sheriff's detectives coerced statements from Fox that implicated him in his daughter's death, Fox said. During the interrogation, detectives told Fox he would be raped in jail unless he cooperated and would face a lesser charge if he said he accidentally killed his daughter, he alleged."

......

A forensic interviewer traumatized Fox's son Tyler....

"The complaint alleges a forensic interviewer at the Children's Advocacy Center "unleashed an emotional assault" against the Foxes' son, Tyler, 6, during a 67-minute interrogation.

The "intrusive questions caused Tyler Fox to turn away, curl into the fetal position, pull the hood of his sweatshirt over his head and cry for his `mommy and daddy,'" the complaint alleges."

...............

"Fox's grandfather, Harlow, suffered severe heart problems after Fox's arrest and spent "much of his life's savings" on his grandson's defense, according to the complaint."
http://www.chicagotribune.com/news/local/southsouthwest/chi-0507260221jul26,1,6080084,print.story?coll=chi-newslocalssouthwest-hed&ctrack=1&cset=true

[True_Blue]

3. Lucky for Fox that Tomczak lost to Glasgow

'Immediately after that loss, the suit contends, Tomczak ordered an investigator to call a halt to DNA testing that could have cleared Kevin Fox. After taking office, Glasgow ordered DNA testing to be done -- then dropped the charges against Fox after the results didn't link him to Riley's slaying.'

Tomczak should be disbarred and sent to prison.

What a nightmare it must have been for Kevin Fox to find out that his child was murdered, and then end up being the one accused of the murder.

Now the trail is cold and the killer is still on the loose, because Tomczak was more concerned with being re-elected than arresting the right man.

[54anickel]

5. Innocent suspects confess under pressure

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x1655517

A new study finds some people under interrogation will confess to crimes they did not commit, either to end the questioning or because they become convinced they did it.

An unrelated study last year found it is fairly easy to create false memories in people in a lab setting.

Lack of sleep and isolation contribute to false confessions, the scientists say in the new study, announced today. A suspect's mental status and lack of education play roles.