Kevin Fox

Read the ChicagoMag.com Story Here

When Kathleen Zellner met Kevin Fox in a tiny Will County jail cell in 2004, his situation seemed hopeless. He was about to be charged with first-degree murder and the death penalty for the murder and sexual assault of his 3-year-old daughter, Riley. Zellner left the jail on that October day with two thoughts. First, she had met an innocent man, and second, she knew the only way to save him was through forensic evidence. The odds seemed against Kevin Fox and Kathleen Zellner.

Zellner, with the help of forensic scientist Karl Reich, persuaded the Will County State's Attorney to allow DNA testing at a private laboratory. Through sophisticated YSTR testing, a profile of the killer emerged - and he was not Kevin Fox. On June 17, 2005, all charges against Kevin were dropped.

Zellner filed a multi-count Federal Civil Rights complaint against Will County, the detectives and others who participated in the investigation of Kevin Fox. Many speculated that the affirmative defenses that protect a county and its personnel would prevail and the case would be dismissed, but the complaint suvived all motions to dismiss.

On November 6, 2007, a seven-week trial began. Zellner was assisted by her law partner Douglas H. Johnson and her daughter Anne Nolte, a first year lawyer at the time. The three plaintiff's attorneys were up against the couty governemnt and their law firm.

The jury returned a verdict of $15.5 million for Kevin and Melissa Fox on December 20, 2007 - a record for Illinois and the United States.

In her closing, Zellner told the jury, "The injustices done to my clients are the injustices done to all of us by tolerating this behavior... The Constitution is just pieces of paper until you, the jury, shape it into a shield to protect all of us."

$15.5 Million
For Kevin Fox, who was falsely arrested, prosecuted and convicted in the murder of his 4 year old daughter

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$13.05 Million
For a suicide after the hospital refused to admit. Highest verdict in the nation for medical malpractice suicide

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$4.25 Million
Settlement against city of Chicago for two police officers who failed to respond in a timely manner

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$3 Million
Settlment for 25-week premature baby boy who lost eyesight due to treatment delay

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$3 Million
For brachial plexus injury that occurred at birth resulting in partial paralysis of right hand and arm

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$2.43 Million
Settlement for cardiac arrest suffered by a 3-week old in the ER after wrongfully adminsitered drug

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$2.2 Million
For sexual assault victim raped at the Chicago Bar Association building, the largest sexual assault verdict in Illinois at the time 

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$2.0 Million
For a prisoner who lost his left eye as a result of deliberate indifference, the largest civil rights verdict for a prisoner at the time

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$1.5 Million
For wrongful conviction and coerced confession of plaintiff when he was 14 years old, imprisoned for 15 years, overturned by DNA evidence

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