Fox's attorney Kathleen Zellner filed a motion in court Monday asking the state be compelled to send in the evidence. It also suggested that the sheriff's investigators should be held in contempt of court.
Kevin Fox was charged with his daughter's murder in October. Her body was found in a creek about a mile from their Wilmington home in June. Fox gave investigators a statement they regard as a confession. His attorneys say that statement was coerced.
Prosecutors have said they have no physical evidence in the case, but Fox's family says that is because they have not tested it, and as soon as they do, they will likely find the DNA of someone other than Kevin Fox.
"This is the first time since he's been charged with this crime that we can actually prove his innocence and they won't allow us to do it. They won't allow us the one opportunity to prove his innocence. That tells me they're worried about something," said Chad Fox, suspect's brother.
A spokesman for the Will County State's Attorney says the sheriff's office apparently sent the evidence to the wrong place, the state police crime lab instead of the independent lab in Virginia. They say it is now on its way to the right lab. They have no explanation for why it has taken nearly two months for that to happen. Attorneys for both sides are set to appear in court Thursday morning to sort through all of this.