Will County Circuit Judge Richard Schoenstedt ruled Tuesday that prosecutors can bring to trial 38-year-old Scott Eby on first-degree murder and sexual assault charges in the death of Riley Fox.
Riley's mother, Melissa Fox, declined to comment on the judge's decision. But her attorney told the Chicago Sun-Times the ruling wasn't a surprise to family members.
Riley Fox vanished from her Wilmington home and her body was later found in a creek four miles away.
Authorities first accused the girl's father, Kevin Fox. He spent eight months in jail before DNA evidence showed he was not her killer, and allegedly linking Eby to her death.