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Kathleen Savio, Riley Fox, Will County Illinois
Kathleen Savio, Riley Fox, Will County Illinois
I'd love for some legal opinions out there on this! Â This article is clipped from a longer, multi-directional article. Â I wanted to point out just this part and open it up to discussion.
Anyone have a legal opinion on this? I better correct that. Anyone have an opinion of this who has or had a legal background? I'm not looking for an official opinion, just curious what others think.
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https://angellove1.wordpress.com/2009/05/12/drew-peterson-will-county-illinois-kevin-fox/
In response to the comment about Kevin Fox and the TWO (2) rape test kits performed:
posted on May 13, 2009 11:26 AM ()
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Don’t mean to spam, but I wanted to respond to angellove1 above: Kevin Fox IS innocent – the DNA test (of which there were two, which is why there was a red flag) exonerated him.
Mr response to longshot posted here:
longshot, first, FYI, you have the facts incorrect.  Two rape test kits not only VIOLATES ALL PROTOCOL but it will TAINT the DNA evidence making it INADMISSIBLE in court if challenged accordingly.  Are you saying you are AWARE that there were two test kits performed and multiple samples taken?  Please, do explain how you know of two test kits when Will County State’s Attorney James Glasgow has publicly stated otherwise?
As stated in this webslueths post (the articles are too old to post links to):
 https://www.websleuths.com/forums/showpost.php?p=922545&postcount=5, Pat O’Neil fired his Chief Deputy Coroner. Janet Alexander was fired, according to her lawsuit, because she QUESTIONED the inaccurate procedure of the Coroner’s office in the Riley Fox investigation, among other things.  What transpired in the court proceedings is something that the public needs to be made aware of.  It is incredible that there are those who want to see this covered up and swept under the rug and more incredible is that those such as yourself believe in the power of the pen as you would in anything that is soley “faith basedâ€.  You have attempted to state fact with falsities on top of using the words of reporters and journalists who have not fully done their homework and who have reported with a biased opinion because of their own lack.  You, my friend, have put your faith and trust in the wrong people. Â
The statement you made regarding the rape test kits is not consistent with the law of DNA handling and testing.  DNA can be transfered by a handshake; you cannot swab the same area twice as the 2nd swab will be smeared and potentially tainted.  You absolutely cannot do 2 complete tests because that will, and possibly has in the Riley Fox case, taint the DNA evidence.  Further, it breaks up the chain of evidence which is crucial to prosecution.  Where is the second test kit?  Which one is the first one?  Which one is the second one?  Were the kits marked as Test Kit #1 and Test Kit #2 so as to ensure integrity in the chain of evidence? Without a record of which kit is which kit, you cannot know if the DNA samples are pure. If the test kits were not properly identified then they are both worthless.  The first swab will be the clean swab with the good DNA.  Multiple swabs, each from a different part of the body in one kit is good but two complete kits requires multiple swabbing of the SAME areas of the body which smears any DNA present thereby rendering it tainted.  Then there is also the increased potential for the transfering of DNA from the pathologist to victim via a cough, a sneeze, a drop of sweat, etc., and onto a second swabbing.  Simply put, YOU CANNOT DO TWO TEST KITS! Â
But there WERE two complete rape test kits completed on Riley Fox as the lawsuit alleges and there is supporting evidence to back up that claim, I am told.  WHERE IS THE SECOND TEST KIT?  What happened to that evidence?  Every pathologist completes a report.  There is a record of two full kits being performed and THAT IS WHAT WAS SWEPT UNDER THE RUG AND CONTINUES TO BE SWEPT UNDER THE RUG.  This is the same Coroner who handled the Kathleen Savio Inquest.  The same coroner who was being sued for his improper handling of the Riley Fox autopsy by ordering two complete test kits – that is why he was sued.
Why didn’t the attorney representing Will County against Kevin Fox make it known during the trial that THERE WERE TWO TEST KITS PERFORMED AND THAT THE DNA EVIDENCE WAS TAINTED because of that fact?  This same law firm who represented Pat O’Neil and the Coroner’s office against Janet Alexander’s lawsuitalso represented Will County against Kevin Fox! Say what?  That is correct; THE SAME LAW FIRM.  I cannot stress this portion of it more, the Law firm that defended Pat O’Neil and the Will County Coroner’s office against former Chief Deputy Coroner of Will County, Janet Alexander, who sued because the Coroner improperly ordered the contracted pathologist to perform and complete 2 separate rape test kits on 3 year old Riley Fox, is the SAME law firm that represented Will County in their fight against her accused murderer, Kevin Fox who was using the TAINTED DNA test results that exonerated him as evidence against the Will county’s Sheriff’s police.  Kevin Fox was released from jail BECAUSE of the DNA test results yet the collection of DNA evidenced was FLAWED!  This law firm knew there were two complete test kits because they were on the OPPOSITE side of another case dealing with the SAME evidence!  That law firm failed to address this in court – they failed in their fiduciary obligation to their client, the Will County Sheriff, and that lead to Will County losing their case against Kevin Fox.  The erroneous passing of inaccurate information coupled with the ignorance that will buy into what they hear and read with a “faith based†belief system is what lead to that legal disaster and it is the very same thing that lead to Kathleen’s Savio’s unspeakable murder and resulting accidental death determination.Â
Let us not forget that that same improper and potentially illegal ordering of two complete rape test kits on Riley Fox lead to herconfessed killer being released.  The DNA evidence is TAINTED and therefore INADMISSIBLE – the prosecution of Kevin Fox should have moved forward.  Instead, Will County tax payers are looking to be held liable to pay this individual who CONFESSED to murdering his own daughter 11.5 Million dollars!
THIS NEEDS TO BE EXPOSED!