Sex offender to plead guilty in Riley Fox murder

November 9, 2010 (JOLIET, Ill.)

ABC7 sources said Eby, who pleaded not guilty in June 2010, will change his plea. The 38-year-old has been behind bars since 2005 in connection to the sexual of a 14-year old. Read Eby's inmate profile on IDOC website.

Eby will likely be sentenced Wednesday, as well. Will County State's Attorney James Glasgow has not announced if he will seek the death penalty in the case. However, sources say Eby expects a sentence of life in prison in exchange for the guilty plea.

He was charged in the Fox case in May of 2004 with five counts of first-degree murder and one count of predatory sexual assault.

Riley's body was found on June 6, 2004, in Forked River, a creek near her Wilmington home. Eby lived just 10 blocks from the Foxes and a pair of shoes with his last name was found by police near the murder scene in 2004.

The botched police investigation focused on the girl's father, Kevin Fox, who was charged in her murder after making a false confession. After eight months in jail, he was cleared by DNA.

In 2007, the Fox family was awarded $15.5 million in a civil suit with Will County authorities.

Legal experts believe a plea bargain may be best for both sides.

"All signs point to this is exactly the right type of case for both sides to give up a little to end this very sordid, six-year investigation and we can put this to rest to the extent the parents can," said Harold Krent, dean, IIT Chicago Kent Law School.

Riley's parents, Kevin and Melissa, are expected to speak in court Wednesday during the sentencing phase which could immediately follow Eby's guilty plea.

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