Riley Fox Case: Tracking Down Riley's Killer

"Apparently, [the police] received a tip that led them to go to the prison where he is currently incarcerated," said Kathleen Zellner, the Fox family's attorney. "They spoke to him, they got a DNA sample, the state lab cooperated in quickly getting the test result. They returned to the prison within 24 hours and they were able to get a statement from him confessing to the crime."

Zellner said Eby made a full confession.

Missed Clues, Missed Opportunities

For Melissa and Kevin Fox, compounding their pain, is the conviction that there were so many missed clues and opportunities to catch the killer quickly.

According to Zellner, the day of Riley's disappearance, police responded to a reported suicide threat at Eby's house.

Illinois Department of Corrections

Scott Eby, a 38-year-old imprisoned sex... View Full Caption

Scott Eby, a 38-year-old imprisoned sex offender, has been charged by authorities with the 2004 death of 3-year-old Riley Fox, who was abducted and murdered in the small town of Wilmington, Ill., about 60 miles southwest of Chicago. Close

"Eby was so nervous when the police were in there. He was vomiting, leaving the room to vomit. And he also asked them if that -- and the exact quote is, 'Has that little girl been found yet?'" Zellner said. "You've got somebody trying to kill themselves, feeling remorse. And they're making an inquiry about this little girl."

Zellner said that police missed many red flags that they should have picked up on. "From the burglary convictions, to the subsequent sexual assault, to the suicide attempts, to the inquiries about Riley, I mean, he did everything but set a siren off at his house -- 'I'm the guy,'" she said.

Riley's mother Melissa Fox said police were so focused on Kevin Fox that that they did not stop to give Eby a real look. "They had blinders on so they didn't see any of that stuff," she said.

Kevin Fox spent eight months in prison before he was released and ultimately cleared through DNA evidence. The family sued the state and won $15 million, which was later reduced to $8.5 million.

Armed with what he called "substantial evidence" collected by the FBI, Glasgow is confident in his case against Eby and said he is assessing whether to seek the death penalty.

CLICK HERE to see photos of Riley Fox and to find out details on the murder case