Scott Eby is currently being kept at Stateville prison.
The man accused of killing 3-year-old Riley Fox six years ago bowed his head throughout his entire arraignment.
38-year-old Scott Wayne Eby is charged with five counts of first degree murder in connection with the 2004 killing of the 3-year-old, and prosecutors hinted they might consider the death penalty against the man.
Eby, who lived about a mile away from Fox's Wilmington home at the time of the crime, is currently serving a 14-year sentence for an unrelated sexual assault.
The family's lawyer, Kathleen Zellner , said it never should have taken this long to identify him as a suspect.
"He was on parole. He tried to kill himself the day after the murder. He has a history of burglary" said Zellner "They were too consumed with convicting Kevin Fox."
The Fox family will be allowed to testify in the case, Zellner said.
Eby being kept at Stateville prison. Preliminary hearings begin on June 17th .
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