I, Witness (2017–…): Season 1, Episode 3 - The Accused - full transcript

I HAVE BEEN
A TRIAL LAWYER FOR DECADES.

I OFTEN REPRESENT PEOPLE

I THINK ARE INNOCENT

BUT ARE ACCUSED OF MURDER.

EVEN TODAY, WORKING
ON THE STEVEN AVERY CASE,

I GO UP AGAINST
IMPOSSIBLE ODDS.

YOU NEVER GET USED TO IT.

I TOLD SOMEONE ONCE,
"IT'S LIKE BEING IN A BOAT.

SOMEBODY'S OUT THERE DROWNING.

YOU'VE GOT A ROPE.

AND YOU'RE TRYING
TO THROW IT TO THEM.



AND YOU DON'T KNOW
IF IT'S GONNA BE A FOOT SHORT,

AN INCH SHORT,
IF THEY'RE GONNA CATCH IT."

AND THE THING IS,
WITH EACH NEW CASE...

...YOU NEVER KNOW
WHAT KIND OF PERSON

IS GOING TO WALK
THROUGH THE DOOR.

CAPTIONS PAID FOR BY
DISCOVERY COMMUNICATIONS

FORECAST, PLENTY OF SUNSHINE

FOR TODAY WITH SEASONAL
TEMPERATURES.

WE SHOULD REACH OUR NORMAL

HIGH OF 82 DEGREES
BY THIS AFTERNOON.

DAD. DAD!
RILEY'S GONE.

WHAT?

SHE'S NOT HERE.

SHE'S NOT IN THE HOUSE.



WHAT DO YOU MEAN, BUD?

RILEY?

RILEY!

RILEY IS THE FOXES'
3-YEAR-OLD DAUGHTER.

HER FATHER, KEVIN FOX,

HAD PUT HER TO BED THE NIGHT
BEFORE ON THE COUCH.

RILEY?

HER MOTHER,
MELISSA, WAS IN CHICAGO

THAT WEEKEND DOING
A BREAST CANCER WALK.

RILEY?

RI?

THIS ISN'T A GAME.

RILEY?

KEVIN PICKS UP THE PHONE
WHEN HE RETURNS TO THE HOUSE.

AND HE CALLS FOR THE WILMINGTON
POLICE DEPARTMENT.

SHE WAS RIGHT THERE,
ON THAT COUCH.

AND SHE NEVER LEFT
THE HOUSE LIKE THIS BEFORE?

NO.

OKAY.

WE ARE ORGANIZING
A SEARCH RIGHT NOW.

OKAY.

YOU THINK SHE WAS
UPSET ABOUT SOMETHING?

DID ANYTHING HAPPEN YESTERDAY
OR LAST NIGHT?

I MADE A HEART.

YOU DID IT.

YOU KNOW WHAT COLOR --

I WANT TO COLOR IT IN
PINK.

THAT LOOKS GOOD. YEAH.

MELISSA HAD LEFT ON FRIDAY

FOR THE AVON BREAST CANCER
WALK IN CHICAGO.

THEN THE NEXT DAY,
THEY STARTED MAKING

CONGRATULATORY POSTERS
TO MELISSA

FOR FINISHING THE RACE.

KEVIN AND THE KIDS
WERE GOING TO MEET HER

AT THE FINISH LINE THE NEXT DAY.

I'M DOTTING IT!

LOOK AT THAT.

THAT'S YOUR THUMBPRINT!

KEVIN TOOK BOTH CHILDREN

TO MELISSA'S MOTHER'S HOUSE.

KEVIN WENT TO A CONCERT

THAT NIGHT
WITH MELISSA'S BROTHER.

WHEN THEY CAME BACK,
IT WAS ABOUT 1:00 A.M.

HE DECIDED TO GO
AND GET THE CHILDREN.

HE WANTED TO HAVE THEM DRESSED

AND BE ON THE ROAD FOR CHICAGO,

WHICH WAS AT LEAST
TWO AND A HALF HOURS

FROM WILMINGTON.

THEY LIKED TO SLEEP
IN THE LIVING ROOM SOMETIMES

ON THE WEEKEND,
SO HE PUT HER ON THE COUCH.

TYLER SLEPT NEXT TO HER.

KEVIN WALKS BACK
OUT THE FRONT DOOR,

AND HE STANDS
ON THE FRONT PORCH.

AND HE SMOKES A CIGARETTE.

HE WALKS BACK IN.

AND HE REMEMBERS TURNING
THE FRONT-DOOR LOCK.

THEN HE FALLS INTO
A VERY DEEP SLEEP.

THE NEXT THING HE REMEMBERS

IS TYLER STANDING
OVER HIM SAYING,

"DAD, RILEY'S GONE."

MELISSA IS WALKING TOWARDS

THE END OF THE WALK IN CHICAGO.

MELISSA.

I CAN'T FIND RILEY.

IT TOOK A FEW HOURS

TO MAKE THE DRIVE
BACK TO WILMINGTON.

BY THAT TIME,
THERE WERE HUNDREDS

AND HUNDREDS
OF PEOPLE SEARCHING.

KEVIN!

OH!

WHERE'S TYLER?
HE'S RIGHT...

HEY. HEY, HONEY.

GOOD?
ALL RIGHT. GOOD.

WHEE!

HIGHER, DADDY!

WHEN RILEY WENT MISSING,

EVERYONE FELT THAT
THEIR OWN CHILD WAS MISSING.

COME ON.
PUT ONE HAND RIGHT HERE

AND ONE HAND RIGHT HERE.

OKAY.

I'M GONNA BE RIGHT DOWN HERE.

AND I'M GONNA CATCH YOU, OKAY?

DADDY, I'M SCARED.

I WON'T LET ANYTHING
HAPPEN TO YOU.

COME ON.
I PROMISE.

OKAY.

COME ON.
YOU CAN DO IT.

I'M COMING DOWN.

COME ON!

YEAH.
COME ON!

YEAH.
GREAT JOB.

KEVIN FOX
PUT HIS DAUGHTER, RILEY,

AND HER 7-YEAR-OLD BROTHER,
TYLER...

THAT AFTERNOON,
I HAD THE TELEVISION ON.

TYLER WOKE HIS DAD UP
EARLY THIS MORNING

TO SAY RILEY WAS GONE.

THE FRONT DOOR
WAS LEFT WIDE OPEN.

I'M A MOTHER MYSELF.

THE LOSS OF A CHILD

IS THE MOST DEVASTATING THING
ANY PARENT

COULD EVER EXPERIENCE.

NOTHING WORSE COULD
EVER HAPPEN TO YOU.

-RILEY!
-RILEY!

RILEY?

A MOTHER AND HER DAUGHTER

WERE SEARCHING DOWN
BY FORKED CREEK.

RILEY?

THE MOTHER THOUGHT
SHE SAW A PLASTIC BAG.

AND SO SHE WALKED CLOSER.

SHE SAW RILEY...

RILEY!

...FLOATING FACEDOWN.

SCOTT SWEARINGEN BECAME THE LEAD
INVESTIGATOR ON THE CASE.

OH, MY GOD.

THE MEDICAL EXAMINER CONCLUDED

THE CAUSE OF DEATH WAS DROWNING.

AND THERE WAS EVIDENCE
OF A SEXUAL ASSAULT.

DUCT TAPE ON HER MOUTH.

BILATERAL FOREARMS
DUCT-TAPED TOGETHER.

SHE HAD BEEN BOUND

WITH HER ARMS
TOGETHER AT THE FOREARM.

BUT SHE HAD PULLED APART.

THE INVESTIGATOR
FELT THAT THE DUCT TAPE

WASN'T SECURE ENOUGH,
THAT SOMEHOW,

THEY JUST LOOSELY PUT
THE DUCT TAPE ON FOR EFFECT.

SCOTT SWEARINGEN SAID
THAT THE MOMENT HE WALKED UP,

HE KNEW WHAT HAD HAPPENED.

THIS IS NOT
A KIDNAPPING AND MURDER.

THIS IS A STAGED CRIME SCENE.

POLICE SAY WHOEVER KILLED HER
TOOK HER TO THESE WOODS

TO TRY TO HIDE HER BODY.

SENDS CHILLS THROUGH ME

BECAUSE I WORRY
ABOUT MY 7-YEAR-OLD.

THE LITTLE GIRL WHO LOVED PINK
IS MOURNED BY FAMILY AND FRIENDS

IN THE SMALL SOUTHWEST
SUBURBAN TOWN OF WILMINGTON.

BITS OF PINK WERE SEEN

THROUGHOUT THE FUNERAL SERVICE
FOR RILEY FOX.

THERE WAS A REAL OUTPOURING
OF LOVE FOR KEVIN AND MELISSA.

WILMINGTON HAS A POPULATION
OF 5,000 PEOPLE.

THERE WERE 6,000 PEOPLE
THAT SHOWED UP FOR THE FUNERAL.

I REMEMBER SEEING IT
ON TELEVISION.

THE POLICE VIDEOTAPED
THE FUNERAL.

PEOPLE IN THE COMMUNITY

WERE OBVIOUSLY CONCERNED
ABOUT WHO'D DONE IT.

WAS THERE A CHILD KILLER
IN THEIR MIDST?

WERE THEIR CHILDREN IN DANGER?

3-YEAR-OLD RILEY FOX HAS BEEN
DROWNED IN FORKED CREEK.

THE POLICE ARE LOOKING
FOR A MURDERER.

NO ONE EVER LOCKED
A DOOR IN WILMINGTON

UNTIL THIS HAPPENED.

AND PEOPLE SUDDENLY WERE GETTING
LOCKS INSTALLED ON THEIR DOORS,

BURGLAR ALARMS PUT IN,
BUYING GUNS.

PEOPLE WERE SCARED.

VOLUNTEERS FOUND THE LITTLE
GIRL'S BODY IN A CREEK

IN THE FORSYTHE WOODS

SOME THREE MILES FROM HER HOME.

POLICE EXPAND THE
INVESTIGATION SUBSTANTIALLY.

THEY GET THE NAMES OF
ALL THE KNOWN SEX OFFENDERS,

GO OUT AND INTERVIEW THEM.

THEY CONDUCT
NEIGHBORHOOD CANVASSES.

THEY INTERVIEW DOZENS
AND DOZENS OF PEOPLE.

THE OFFICERS SCOTT SWEARINGEN

AND MICHAEL GILFOYLE
WERE VISITING KEVIN

AND MELISSA A LOT.

I CAME BACK TO WILMINGTON,

PICKED UP THE KIDS
FROM MELISSA'S MOM'S HOUSE.

AND WE GOT BACK HERE
AT ABOUT 1:00 A.M.

IN ANY INVESTIGATION
WHERE A CHILD

HAS BEEN MURDERED,

YOU START WITH THE PEOPLE
CLOSEST TO THE CHILD.

AND KEVIN WAS THE LAST-KNOWN
PERSON SEEN WITH RILEY.

EVERYONE NOTICED, WITH KEVIN,

THAT HE WAS PROFOUNDLY
DEPRESSED.

HE BECAME MUCH MORE ISOLATED.

THE POLICE FOLLOW UP ON TIPS.

BUT THEY AREN'T ABLE
TO REALLY PRODUCE

ANYTHING SUBSTANTIAL.

MELISSA'S AT HOME
WHEN THE PHONE RINGS.

AND IT'S SCOTT SWEARINGEN,
AND HE SAYS,

"WE HAVE SOME REALLY
IMPORTANT DEVELOPMENTS

ABOUT OUR INVESTIGATION."

I APPRECIATE YOU ALL
COMING DOWN TONIGHT.

I KNOW IT'S NOT
THE BEST TIME.

WE WANT TO SHARE THAT
INFORMATION AS SOON AS WE CAN.

BUT I JUST WANT TO TALK
WITH KEVIN ALONE FOR A MINUTE.

IS THAT OKAY?

YEAH.

GREAT.
IT WON'T TAKE LONG.

MELISSA, YOU CAN
TAKE A SEAT HERE.

WE'LL BE RIGHT
THROUGH THIS DOOR HERE.

I'LL JUST BE A MINUTE.

OKAY.

SEVERAL HOURS GO BY.

MELISSA IS SITTING
IN A LOCKED ROOM.

AND NOBODY HAS COME
TO TALK TO HER.

HEY!
HEY!

SCOTT!

UGH!

MELISSA, STOP!
STOP IT!

HEY, CALM DOWN.

STOP.
LISTEN.

I'M SORRY TO KEEP YOU
WAITING OUT HERE SO LONG.

WE NEED TO KEEP
TALKING TO KEVIN.

WHY?
WHAT IS HAPPENING?

WHY DON'T WE SIT
FOR A SECOND?

NO. JUST TELL ME
WHAT IS GOING ON!

THERE ARE SOME RED FLAGS
COMING UP ABOUT KEVIN.

WE WANTED TO TALK
TO HIM TONIGHT

BECAUSE WE FELT LIKE
THERE WERE THINGS

THAT HE WASN'T TELLING US.

WHAT ARE YOU
TALKING ABOUT?

WE THINK HE WAS INVOLVED
IN RILEY'S DEATH.

NO.
NO.

HE WOULD NEVER DO
SOMETHING LIKE THAT.

LISTEN. WE JUST GAVE HIM
A POLYGRAPH ABOUT ALL THIS.

HE FAILED.

I WANT TO SEE THE RESULTS.

I DIDN'T DO IT, MELISSA.
I SWEAR TO GOD I DIDN'T DO IT.

RICH, CAN YOU SHOW
HER THE RESULTS?

YEAH.

YOU SEE ALL THIS,
THAT RED?

THAT'S ALL LIES.

SO ALL THESE QUESTIONS,
HE LIED.

HE FLUNKED THE WHOLE THING.

MELISSA IS IN SHOCK.

SHE CALLS KEVIN'S BROTHER,
CHAD, RIGHT AWAY.

HI, CHAD?

YEAH.

WE'RE AT THE POLICE STATION.

NO.

UM, NO, IT'S NOT
LOOKING GOOD.

MORNING.

MS. ZELLNER?

CAN I HELP YOU?

I'M CHAD FOX.

OKAY.

LOOK, I -- I DON'T KNOW
IF YOU'VE HEARD ABOUT THIS

LITTLE GIRL WHO WAS KILLED
IN WILMINGTON.

YEAH, RILEY FOX.

LOOK, KEVIN FOX
IS MY BROTHER.

I THINK HE NEEDS
AN ATTORNEY.

THEY'VE BEEN INTERROGATING HIM

AT THE WILL COUNTY
SHERIFF'S OFFICE ALL NIGHT.

THEY THINK HE DID IT.

THAT'S WHAT
I'M AFRAID OF.

IS HE STILL BEING
INTERROGATED?

I THINK SO.

WE NEED TO GET THERE.

RIGHT NOW.

WE GOT DOWN THERE IMMEDIATELY.

I RECOGNIZE MELISSA
FROM HER PICTURES.

SHE LOOKS TERRIBLE.

SHE'S CRYING.

SO I KNOW SOMETHING REALLY
BAD'S ALREADY HAPPENED.

CAN I HELP YOU?

I'M KEVIN FOX'S ATTORNEY.

I'D LIKE TO SPEAK
WITH HIM IMMEDIATELY.

OKAY.

BUT YOU'RE GONNA NEED
TO SPEAK WITH HIM AT THE JAIL.

HE'S JUST CONFESSED
TO THE MURDER.

BACK IN JUNE,
3-YEAR-OLD RILEY FOX

DISAPPEARED FROM HER WILMINGTON HOME.

THE GIRL'S FATHER, KEVIN FOX,
HAS GIVEN A VIDEOTAPED

STATEMENT IMPLICATING HIMSELF.

LAW ENFORCEMENT WON'T SAY

WHY HE ALLEGEDLY
CHANGED HIS TUNE.

WHAT DO THE POLICE KNOW
THAT I DON'T KNOW?

WHAT WAS SAID
IN THE CONFESSION?

HE LOOKS GUILTY.
HE LOOKS DEFEATED.

HE LOOKS LIKE IT'S OVER.

IN MY MIND, I'M THINKING,

"DO I WANT TO GET
INVOLVED IN THIS?

WHAT AM I GETTING INTO?"

KEVIN, THIS IS
KATHLEEN ZELLNER.

SHE'S GONNA BE
YOUR ATTORNEY.

I WAS DIRECTLY
LOOKING INTO HIS EYES,

THEN I COULD REALLY ASSESS HIM.

AND HE SAID, "THEY TRICKED ME.

THEY TRICKED ME."

AND I SAID, "WHAT DO YOU MEAN,
THEY TRICKED YOU?"

THEY SAID THAT IF I JUST SAID
IT WAS AN ACCIDENT

THAT THEY WOULD GIVE ME
INVOLUNTARY MANSLAUGHTER.

THEY TOLD ME THAT
I COULD BOND OUT

AND THAT I COULD GET
AN ATTORNEY AND --

AND FIGURE EVERYTHING OUT.

I HAD INTERVIEWED SO MANY PEOPLE
THAT HAD COMMITTED MURDERS.

ONE OF THE THINGS
THAT I ALWAYS NOTICED

WHEN YOU GET CLOSE TO THEM

IS THAT KILLERS
USUALLY HAVE DEAD EYES.

I'M GONNA GO NOW AND FIND OUT
WHAT THEY'RE CHARGING YOU WITH.

OKAY.

BUT I'LL BE BACK
HERE TOMORROW.

OKAY?

ANGER AND BETRAYAL IN THIS
SMALL TOWN THIS EVENING.

I JUST CAN'T BELIEVE IT, NO.

I'D SAY HE WAS A LOVING FATHER,
TOTALLY.

WE'VE BEEN TO THE --
THE CEREMONIES.

WE'VE -- THE BENEFITS,
THE EVERYTHING FOR THE FAMILY.

IT'S ALL BEEN AN ACT.

ONCE IT WAS PUBLICIZED

THAT KEVIN HAD CONFESSED
TO THE CRIME,

THE TOWN COMPLETELY
TURNED ON KEVIN

AND MELISSA AND THEIR FAMILIES.

BUT NOW YOU THINK
IT WAS ALL AN ACT?

YEAH.

LIKE MANY
WILMINGTON RESIDENTS --

WERE THEY REALLY TALKING
ABOUT YOU AND DADDY?

NO.
NO, THEY ARE NOT.

I DON'T KNOW WHAT
THEY'RE TALKING ABOUT.

THEY WENT FROM BEING
THE MOST POPULAR COUPLE

IN THE TOWN TO BEING PEOPLE
THAT WERE REVILED.

THERE'S NOTHING MORE
PRESSURED FOR AN ATTORNEY

THAN REPRESENTING SOMEONE
WHO'S INNOCENT,

WHERE IT ALL DEPENDS
ON YOUR ABILITY,

HOW DEDICATED YOU ARE TO IT.

IN MY OWN FAMILY,

I HAD TWO BROTHERS WHO DIED.

SO THE DEATH OF A CHILD
RESONATED, IN A WAY, WITH ME

THAT IT MIGHT NOT HAVE
WITH SOMEONE ELSE

WHO HAD NOT HAD THAT EXPERIENCE.

SO I JUST DECIDED,
"I'M IN IT THE WHOLE WAY."

I LOOK AT THIS AND THINK,
"THIS IS GONNA BE IMPOSSIBLE."

WHENEVER YOU HAVE A CONFESSION,

THERE'S ABOUT A 99.9%
CHANCE OF A CONVICTION

UNLESS YOU HAVE
FORENSIC EVIDENCE.

KEVIN'S CONFESSION
CONSISTED OF HIS STORY

THAT HE BROUGHT
THE CHILDREN HOME

AS HE SAID HE HAD DONE.

BUT UNBEKNOWNST TO HIM,
RILEY GOES INTO THE BATHROOM.

HE GOES IN,
SWINGS OPEN THE DOOR,

HITS HER IN THE HEAD.

SHE IS KNOCKED
UNCONSCIOUS.

HE THINKS THAT
HE'S KILLED HER.

HE DECIDES TO STAGE
THAT ACCIDENT

AND MAKE IT LOOK LIKE A MURDER.

SO HE GETS DUCT TAPE
OUT OF HIS TRUCK.

HE DUCT-TAPED HER ARMS,
HER MOUTH, CARRIED HER OUT,

PUT HER IN THE BACK
OF HIS TRUCK,

DROVE HER OUT TO FORSYTHE WOODS

AND PUT HER IN THE WATER

SO SHE WOULD FLOAT AWAY.

ONE OF MY PRIMARY GOALS
WHEN I TOOK THE CASE

WAS TO GET A COPY
OF THE VIDEOTAPE

OF KEVIN'S CONFESSION.

RILEY WAS IN THE BATHROOM?

THAT'S WHEN YOU HIT HER IN THE
HEAD WITH THE BATHROOM DOOR?

I WANTED TO WATCH IT
ON A BIG SCREEN

'CAUSE I WANTED TO BE ABLE
TO SEE ALL THE DETAILS OF IT.

YOU WRAPPED HER ARMS, LEGS,
MOUTH WITH DUCT TAPE.

I WANTED TO REALLY STUDY
KEVIN'S CONFESSION

TO THE MURDER
OF HIS DAUGHTER, RILEY.

I SAW IT AS AN EMOTIONALLY
TRAUMATIZED PERSON.

THE WAY HE WAS
SLUMPED IN THE CHAIR

AND HOW EXHAUSTED HE WAS,

IT WAS AS IF HE WAS DETACHED
FROM THE WHOLE THING.

WHEN YOU CONFESS
TO A HORRIBLE CRIME,

CONFESS TO WHAT'S NOT
IN YOUR SELF-INTEREST,

THAT'S TRUE THAT
THAT'S THE TRUTH.

AND YOU'RE GONNA BE CONVICTED.

PUT HER IN THE TRUNK
OF YOUR CAR.

YOU DROVE HER TO THE RIVER.

YEAH.

THEY RECORD 20 MINUTES
OF THE 14 HOURS.

SO THEY RECORD 2%

OF THE ENTIRE
INTERACTION WITH HIM.

BUT THE THING
THAT STRUCK ME,

OVERALL, WAS THE POLICE

WERE GIVING HIM
ALL THE ANSWERS.

I KNEW THAT WE HAD
TO HAVE FORENSIC EVIDENCE.

SO I WENT TO THE FOX HOUSE.

MY FIRST AREA OF INQUIRY
WAS ABOUT THE DOOR.

SO HE STARTS IN THE BEDROOM
AND MOVES TO THE BATHROOM.

RIGHT.
RIGHT.

RILEY'S ALREADY IN THERE.

OKAY. THEN HE QUICKLY
OPENS THE DOOR AND...

THE DOOR DIDN'T SWING IN.

IT SWUNG OUT.

SO HOW DOES HE HIT HER?

HE CAN'T.

SO WHY DID KEVIN
SAY HE DID IT?

I MEAN, HE KNOWS HIS OWN HOUSE.

UNLESS SOMEONE TOLD HIM
TO SAY IT.

AFTER WATCHING
THE TAPED CONFESSION

AND LEARNING THE TRUTH
ABOUT THE DOOR,

I KNEW THAT KEVIN WAS INNOCENT.

AND IF KEVIN WAS INNOCENT,

THEN THE KILLER
WAS STILL OUT THERE.

KEVIN IS STILL INCARCERATED.

BUT NOW I BELIEVE
HIS CONFESSION WAS COERCED.

I WANT KEVIN TO GO THROUGH
THE INTERROGATION IN DETAIL,

WHAT THEY SAID,
WHAT HE SAID.

I WANT TO KNOW THE EXACT QUOTES.

AND I WANT TO KNOW WHAT'S
GOING ON WITH HIM MENTALLY.

I WANT YOU TO TELL ME
EXACTLY WHAT HAPPENED

WHEN THEY INTERROGATED YOU.

WHEN I FIRST GOT IN THERE,
EVERYTHING WAS FINE.

I'M JUST CURIOUS.

YOU KNOW, WE'VE BEEN
OVER THIS STORY BEFORE.

AND YOU CALLED ME, SAID

THAT YOU HAD
SOME NEW INFORMATION.

WHAT'S THE DEAL?

KEVIN, WE THINK YOU HAD
SOMETHING TO DO WITH THIS.

ARE YOU KIDDING ME?

WHAT, ARE YOU CRAZY?

WE HAVE SURVEILLANCE
OF YOUR CAR AT A GAS STATION

BETWEEN YOUR HOUSE
AND FORSYTHE WOODS

AT 4:00 A.M.

I DIDN'T DRIVE
TO THE GAS STATION.

THEN WHO DID?

I REVIEWED THE GAS STATION
VIDEO FOOTAGE AND LEARNED

THAT THE VEHICLE WAS
NOT THE VEHICLE THE FOXES HAD.

IT WASN'T EVEN
THE SAME MODEL OR MAKE.

THIS WAS ALL INTENDED
TO RATTLE KEVIN.

SIT DOWN!
I WANT MY DAD!

I WANT HIM
TO GET ME A LAWYER.

YOU'RE 27 YEARS OLD.

YOU DON'T NEED
YOUR FATHER IN HERE.

THE INTERROGATION
SHOULD HAVE STOPPED.

SIT DOWN.

ONCE HE ASKED FOR A LAWYER,

THEY SHOULD HAVE EITHER
ARRESTED HIM OR LET HIM GO.

BUT THEY DIDN'T.

AND AFTER FIVE HOURS,
HE'S STILL THERE.

AND HE'S DENIED ANY INVOLVEMENT.

I'LL TELL YOU WHAT.

YOU TAKE A POLYGRAPH
ON THIS RIGHT NOW.

YOU PASS THAT,
YOU CAN GO HOME.

OKAY.

IS YOUR NAME KEVIN FOX?

YES.

WHEN WAS THE LAST TIME
YOU SAW RILEY?

A POLYGRAPH SHOULD
NEVER BE GIVEN

IN THE MIDDLE
OF AN INTERROGATION.

SOMEONE'S UNDER
ENORMOUS STRESS.

AND IT PRODUCES
INACCURATE RESULTS.

WHAT TIME DID YOU
PUT THE KIDS TO BED?

IT DIDN'T MATTER
AT ALL TO ME.

BUT IT MATTERED VERY
MUCH TO HIM, MENTALLY,

THAT HE JUST
FLUNKED THE POLYGRAPH.

THAT WAS VERY DIFFICULT
'CAUSE HE THOUGHT,

"OF COURSE I'LL PASS IT,
AND THEN I'LL LEAVE."

AND SUDDENLY,
HE'S MADE IT WORSE.

AFTER MELISSA SEES
THE POLYGRAPH RESULTS,

SHE IS DEVASTATED.

AT 6:00 IN THE MORNING,

KEVIN'S BEEN UP
FOR MORE THAN 24 HOURS.

ED HAYES IS THE LIEUTENANT

WHO THEN COMES INTO
THIS INTERROGATION.

IF I GET TO
THE END OF THIS FORM

AND YOU HAVEN'T
TOLD US YOUR STORY...

...I'M GONNA CHARGE YOU
WITH FIRST-DEGREE MURDER.

THAT'S 30 YEARS TO LIFE.

ARE YOU LISTENING?

LOOK AT ME.

I'M GONNA MAKE SURE

THAT YOU GET RAPED
EVERY SINGLE DAY.

DO YOU UNDERSTAND?

ED HAYES HAD GOTTEN
THE CRIME-SCENE PHOTOGRAPHS

OF RILEY FOX LYING ON THE CREEK.

KEVIN HAD NEVER SEEN
THOSE PHOTOS.

HE SAID TO ME,

"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.

IT TOOK AWAY EVERYTHING
INSIDE OF HIM

THAT MADE HIM WANT TO SURVIVE.

HE SAID TO ME,
"WHEN I SAW THOSE PHOTOGRAPHS,

I FELT LIKE I HAD
SO FAILED HER.

IF I JUST HAD PUT THEM
IN THE BED WITH ME,

LIKE WE ALWAYS DID THAT,"

HE SAID, "NONE OF THIS
WOULD HAVE HAPPENED."

AND HE SAID,
"RIGHT BEFORE SHE DIED,

I KNOW SHE WAS CALLING FOR ME."

I WON'T LET ANYTHING
HAPPEN TO YOU.

COME ON.
I PROMISE.

OKAY.

HE WOULD TELL HER,

"I'M ALWAYS GOING TO BE THERE.

I'M ALWAYS GOING
TO PROTECT YOU.

NOTHING WILL EVER
HAPPEN TO YOU."

THAT'S WHAT CHANGED EVERYTHING.
HE DIDN'T CARE ANYMORE.

HE DIDN'T CARE ABOUT HIMSELF.

THEY COMPLETELY TAPPED INTO IT.

KEVIN.

THIS IS WHAT
I CAN DO FOR YOU.

YOU TELL US RIGHT NOW
THAT THIS WAS AN ACCIDENT.

WE'LL GIVE YOU
INVOLUNTARY MANSLAUGHTER.

IT'S A TWO- TO FIVE-YEAR
SENTENCE.

YOU'LL BOND OUT RIGHT AWAY.

THIS WILL ALL BE DONE.

TWO TO FIVE YEARS,
IT'S BETTER THAN 30, KEVIN.

ALL RIGHT.

YOU GOT UP IN THE MIDDLE
OF THE NIGHT,

WENT TO THE BATHROOM.

YEAH.

RILEY WAS IN THE BATHROOM.

THAT'S WHEN YOU HIT HER IN
THE HEAD WITH THE BATHROOM DOOR.

YEAH.

I THOUGHT I COULD BOND OUT.
THAT'S WHAT THEY TOLD ME.

I -- THEN I COULD HIRE
A LAWYER AND --

AND FIGURE
THIS WHOLE THING OUT.

BUT THAT'S WHY HE DID IT.

THAT MENTALLY
EXPLAINED TO ME, "OKAY.

THIS IS WHAT HE THOUGHT
WAS GOING ON."

WHILE I BELIEVED KEVIN,

THAT MEANT NOTHING
WITHOUT HARD EVIDENCE

TO BACK IT UP.

I NEEDED DNA.

MRS. ZELLNER?

JUST CAME IN TODAY.

THANK YOU.

WE FINALLY GET THE ILLINOIS
STATE POLICE LAB REPORT

OF RILEY'S AUTOPSY.

THAT REPORT INDICATES

THAT THERE IS NO DNA

IN BLOOD OR SEMEN.

AND THEN IT STATES,
"INCONCLUSIVE FOR SALIVA."

I'M EXTREMELY DISAPPOINTED
AT WHAT I'M SEEING

BECAUSE THEY'RE NOT
FINDING ANYTHING.

WITHOUT DNA, I KNEW
WE WOULD LOSE.

BUT I WAS LOOKING AT THAT WORD,

"INCONCLUSIVE,"

WHICH DIDN'T NECESSARILY
MEAN NEGATIVE.

I CALLED THE FORENSIC SCIENTIST
TO ASK HIM ABOUT IT.

Hello?
HI, JOHN.

IT'S KATHLEEN ZELLNER.
Hi, Kathleen.

I'M LOOKING AT
SOME LAB RESULTS

THAT I GOT BACK
FOR A CASE I'M WORKING ON.

AND IT SAYS, "INCONCLUSIVE."

That's code
for when a lab

doesn't have the most
sophisticated technology

to detect DNA in saliva.

WELL, I'M REALLY
AT A LOSS HERE.

I MEAN, WHO HAS
THE TECHNOLOGY?

You can always
try a private lab.

IF THIS DOESN'T WORK,
NOW THAT I KNOW

HOW THEY WENT ABOUT
GETTING THE CONFESSION,

I DON'T REALLY WANT TO REMAIN

A MEMBER OF THE LEGAL COMMUNITY.

SO I HAD THE SAMPLE
FROM RILEY'S AUTOPSY

TESTED AT A PRIVATE LAB.

I WAS WAITING
FOR THE DNA RESULTS.

I RECEIVED A CALL THAT
THE TEST RESULTS WERE READY.

AND SO I TOLD HER

THAT I NEEDED TO HAVE EVERYTHING
IN A WRITTEN FORMAT

AND THAT I WANTED TO BE
WITH THE STATE'S ATTORNEY

WHEN THAT WRITTEN DOCUMENT
WAS DISCLOSED.

SO I ARRIVE.
HE'S NOT THERE.

IT WAS, TO THAT POINT,
THE LONGEST HOUR OF MY LIFE.

WHEN THE STATE'S ATTORNEY
FINALLY ARRIVED, HE SAID,

"WHY DON'T YOU AND I
STAND BY THE FAX MACHINE?"

ALL RIGHT.
WE'LL GET IT ANY SECOND HERE.

AND THEN WE SAW
THE RESULT AT THE END.

OH, MY GOD.

THERE WAS A SMALL SAMPLE

THAT PRODUCED A PARTIAL PROFILE
OF ANOTHER MALE.

SO WE KNEW
THAT WAS THE KILLER.

KEVIN FOX HAD BEEN
COMPLETELY EXCLUDED.

THE DNA's EXCLUDED YOU.

YOU'RE GONNA GO HOME TOMORROW.

OKAY.

HE SEEMED LIKE
HE WAS IN SHOCK.

SO IT'S OVER.

YOU'RE GONNA GET
YOUR LIFE BACK.

THAT'S REALLY GREAT.

THANK YOU.

THE MESSAGE THAT I DELIVERED
THAT DAY, WHEN HE GOT OUT,

WAS THAT WE WERE
THRILLED KEVIN WAS OUT.

WE KNEW HE WAS INNOCENT.

BUT THERE WAS STILL
A CHILD KILLER,

THAT THEIR CHILD HAD BEEN KILLED

BY A VICIOUS, DEPRAVED KILLER.

AND THAT PERSON
WAS STILL FREE.

AFTER EIGHT MONTHS
OF INCARCERATION,

THE CHARGES WERE DROPPED.

AND KEVIN WAS RELEASED
FROM JAIL.

WE THOUGHT THAT THE CASE

WAS BEYOND THE CAPABILITY

OF THE WILL COUNTY
SHERIFF'S OFFICE.

NOW THAT THEY HAD DNA,

THE FBI RE-CANVASSED
THE NEIGHBORHOOD IN CASE

THE LOCAL AUTHORITIES
MISSED ANYTHING THE FIRST TIME.

ONE WOMAN, WHO HAD BEEN

QUESTIONED PREVIOUSLY,
TOLD THEM

THAT SHE AND HER EX-BOYFRIEND,

SCOTT EBY, HAD BEEN WALKING
BY THE FOX HOUSE.

AND SHE MADE THE COMMENT

THAT SHE COULDN'T FATHOM

WHAT KIND OF PERSON
WOULD KILL A CHILD.

AND SHE SAID THAT HER
EX-BOYFRIEND'S RESPONSE

WAS THAT HE GOT
A LITTLE SMILE.

AND HE SAID, SARCASTICALLY,

"YEAH, THAT WAS
REALLY AWFUL, WASN'T IT?"

AND SHE SAID IT WAS
THE TONE OF HIS VOICE

AND HIS EXPRESSION,

JUST SENT A CHILL
UP HER SPINE.

SO THE FBI FOUND OUT THAT
SCOTT EBY WAS INCARCERATED

ON SEXUALLY MOLESTING
HIS SISTER.

THEY GO TO VISIT SCOTT EBY.

AND THEY ASKED HIM
A LOT OF QUESTIONS

ABOUT WHAT HE WAS
DOING ON JUNE 6th.

AND THEY TELL HIM
THEY WANT HIS DNA.

THE DNA RESULTS
CAME BACK IN 24 HOURS.

AND IT MATCHED
THE PARTIAL PROFILE.

AND HE GAVE A TOTAL CONFESSION.

SCOTT EBY CONFESSES THAT
ON THE NIGHT OF THE MURDER,

HE HAD BEEN USING
COCAINE AND DRINKING.

HE DECIDED TO
BURGLARIZE A HOUSE.

HE STARTED WITH A HOUSE
IN THE FOX NEIGHBORHOOD.

WHEN HE LEFT THAT HOUSE,

HE LOOKED NEXT DOOR
TOWARDS THE FOX RESIDENCE.

AND HE COULD SEE
A SWING SET.

SO HE KNEW THAT
CHILDREN LIVED THERE.

HE WAS ABLE TO JUST
PUSH THE BACK DOOR OPEN.

HE REALIZES KEVIN'S
IN A REALLY DEEP SLEEP.

AND THIS FAN IS BLOWING,
CREATING A LOT OF NOISE.

HE LIFTS HER UP.

AND HE OPENS THE FRONT DOOR...

...OPENS THE TRUNK OF HIS CAR

AND PUTS HER IN THE TRUNK.

HE DRIVES TO FORSYTHE WOODS,
TAKES HER OUT OF THE TRUNK.

AND HE TAKES HER
IN THE MEN'S ROOM

AND SEXUALLY ASSAULTS HER.

HIS BANDANNA SLIPS
ON HIS FACE.

AND HE SAID SHE LOOKS
DIRECTLY AT HIM.

HE BELIEVES THAT
SHE CAN IDENTIFY HIM.

SO HE DUCT-TAPES
HER FOREARMS TOGETHER.

AND THEN HE ALSO
DUCT-TAPES HER MOUTH

BECAUSE SHE'S TALKING TO HIM UP
UNTIL THAT POINT

BECAUSE THE LAST THING
THAT SHE SAYS TO HIM IS,

"I WANT MY DADDY."

HE SAYS, "I TOOK HER,
THEN, TO THE CREEK.

AND I STEPPED IN.

AND I HELD HER DOWN
UNTIL SHE STOPPED SQUIRMING."

IF SCOTT EBY HAD BEEN
CAUGHT ON JUNE 6th,

AS HE SHOULD HAVE BEEN,

HE WOULD NOT HAVE GONE ON
TO MOLEST HIS OWN SISTER.

POLICE MISSED SCOTT EBY
BECAUSE THEY WERE BLINDED

BY THEIR OBSESSION
WITH KEVIN FOX.

THE INVESTIGATION
TOOK A COMPLETE LEFT TURN

WHEN THEY CALLED KEVIN
INTO THE INTERROGATION.

IN ADDITION TO LOSING THEIR
DAUGHTER, KEVIN AND MELISSA

WERE FURTHER DAMAGED
BY THESE INVESTIGATORS' ABUSE

OF THE CRIMINAL
JUSTICE SYSTEM.

WE FILED A CIVIL SUIT

AGAINST THE WILL COUNTY
SHERIFF'S DEPARTMENT

FOR THIS ABUSE.

THERE WAS NO GOOD
FAITH IN THIS.

THERE WAS MALICE.

THAT'S WHAT
A CIVIL JURY FOUND.

THEY AWARDED THE FOXES
MORE THAN $15 MILLION

FOR THESE CIVIL
RIGHTS VIOLATIONS,

MORE THAN ANY OTHER CASE
OF ITS KIND.

THE RILEY FOX CASE,
OF ALL MY CASES,

WAS, FOR ME,
PERSONALLY,

THE MOST TRAUMATIC.

BUT GOING THROUGH THAT
WITH A FAMILY AFFECTED ME

IN A POSITIVE WAY.

IT MADE ME MORE DETERMINED
IN THOSE SITUATIONS.

WHAT AM I GONNA DO TONIGHT?
SPEND -- SPEND THE NIGHT

WITH MY --
MY WIFE AND SON.

MY CAREER HAS BEEN DEVOTED

TO TRYING TO CORRECT INJUSTICES

THAT HAVE OCCURRED
WITHIN THE LEGAL SYSTEM.

THE MURDER OF
LITTLE RILEY FOX.

I'M STILL DOING IT
BECAUSE, SINCE KEVIN FOX,

I'VE HAD FOUR MORE.

AND I'M WORKING
ON A FIFTH ONE NOW.

SO I'M DRAWN TO IT.

LIKE, YOU KNOW,
I CAN'T REALLY GET AWAY FROM IT.