Duwallaby Case

[Tashtego]

I remember this case from years ago, and it's always stuck in my memory for some reason. I think the family name was 'Duwallaby' - although I may have the spelling wrong. In the case, the daughter was murdered (or kidnapped?) and the father was blamed, but the evidence showed the window being broken from the outside rather than the inside. Anyone else remember this case and if there were any updates?

[justins5256]

The parent's names were David and Cynthia Dowaliby. Their 7 year old daughter, Jaclyn, was abducted from their home in the middle of the night on September 10, 1988 and found strangled to death a few days later. The Dowalibys were implicated in the crime, and David was convicted but the conviction was eventually overturned.

I thought there was some speculation that the uncle (David's brother) was involved, but I can't recall if anything ever came of that (edit: it appears he had an alibi, though it was questionable).

Here is a wikipedia article on the case. You can probably find more by Google now that you have the correct spelling of their names. The article mentions that the case is still unsolved, btw:

http://en.wikipedia.org/wiki/David_Dowaliby

[Kane]

I thought there was some speculation that the uncle (David's brother) was involved, but I can't recall if anything ever came of that (edit: it appears he had an alibi, though it was questionable).

Actually, it wasn't David's brother. It was the brother of Cynthia's ex-husband.

[justins5256]

Actually, it wasn't David's brother. It was the brother of Cynthia's ex-husband.

Ahh, yes. Thanks for the correction.

[Arnold_OldSchool]

On Sept. 14, 1988 Jaclyn Dowaliby vanished in the night from her bedroom. Suspicion would fall on her mother Cynthia and David Dowaliby. Jaclyn's body was found five days later in a wooded area near an apartment complex. Her father was convicted of her murder but the sentence was later overturned and he was released. Later an uncle would come forward to say that he knew the full lay out of the house and described it as it would have looked the night Jaclyn vanished. The uncle was mentally ill and he had never been in the house before. He was never charged. To date, Jaclyn's murder remains unsolved.

[TracyLynnS]

Here's something I remember about this case that always makes me fighting mad, every time I think about it.

The jury had pictures in their possession, that were part of the evidence, showing the state of the home after Jaclyn's abduction.

Some of the closet doors in the bedrooms had holes in them. The prosecution had never used those pictures as evidence that David Dowaliby had a temper and had punched the walls and doors in his home to vent his frustrations.

Yet the jury completely jumped to conclusions and assumed that he punched those holes, when in fact, they were there from way before he and his young family had ever moved into the house!

The jury used that to convince themselves that he was violent and they convicted him based on the photos that showed nothing more than that the Dowalibys lived in an old home that needed to be refurbished! That blows my mind.

[kadrmas15]

Well, this case, I dont know, I do not think the Duwallaby's themselves were involved in the presumed murder of their daughter. Clearly the person that did this was a person that knew the family, but the specific person that did it is unknown. It seems the police and prosecutors got it in their heads it was the Duwallay's that killed their daughter and once that thought got in their head it never left. In fact it still has not left. So a child killer has walked free for twenty years as a result.

Heck, the evidence was thin enough against David, there was nothing there but innuendo and speculation. Against Cynthia there was not even that. There was just nothing there. In fact the trial judge ordered a judgement of acquittal for Cynthia before the case even went to the jury. He should have done the same for David. As a matter of fact the jury later said that if they had been able to they would have convicted Cynthia too despite literally no evidence against her.

This is not unusual though for juries to speculate about stuff that was not presented to them and come up with verdicts based off of stuff that was not presented in court. These juries are regular people, not scientists, not psychologists and when you have regular people trying to be something they are not it will always lead to a wrongful conviction. Because of these jurors trying to be something they were not, an innocent man went to prison and could have spent the rest of his life there, or most of the rest of his life there if a court had not stepped in and done the right thing.

[VikingsGal]

Some of the closet doors in the bedrooms had holes in them. The prosecution had never used those pictures as evidence that David Dowaliby had a temper and had punched the walls and doors in his home to vent his frustrations. Between that little fact and the man who said he could tell the size of Davi'd's nose from the distance of a footfall field AT NIGHT I was shocked he was ever arrested let alone put in jail.

I never thought the either parent had anything to do with Jaclyn's disappearance.

[Mastermind]

I am on the fence with this case.

To me the problem with the intruder theory is the window and ledge.

I don't see how a person unfamilliar with the house would know to be careful to avoid knocking of that ledge(or was it a work bench/desk?) and leaving it undisturbed.

Only a person familliar with the house would know that, or someone broke the window

Their was no evidence that Jaclyn was killed or hurt inside the house. I think if the parents killed her, there would be some evidence of that. Instead it looks pretty much like she was kidnapped take outside by the assailant and brought to another location to do his deed.

I can;t see the mother killing or hurting the child OUTSIDE of the home in broad daylight.

[TracyLynnS]

Oh yeah, David's nose. For goodness sake. That guy's nose wasn't anything enormous or particularly distinctive. To see his nose in the dark, from the distance of a football field, he would have to have been sporting Rudolf's Red Reindeer nose in full bright and sparkling regalia.

[TracyLynnS]

Mastermind,

There was an uncle who was suspected to be Jaclyn's murderer. He may have very well known the layout of the house.

For one, I believe it was a typical 1950 tract house, where all of them in the neighborhood were almost identical.

But here's the telling point: That home was David Duwaliby's childhood home. He grew up there. He and his wife bought it from his mother. The uncle could have been in that has sometime back from when David was a kid.

And on a side note, if I remember correctly, I think David explained the holes in the closet doors as being from him and his brothers playing rowdy in their rooms when they were kids, and no one ever replaced the damaged doors.

[crochetbuff]

Mastermind,

There was an uncle who was suspected to be Jaclyn's murderer. He may have very well known the layout of the house.

For one, I believe it was a typical 1950 tract house, where all of them in the neighborhood were almost identical.

But here's the telling point: That home was David Duwaliby's childhood home. He grew up there. He and his wife bought it from his mother. The uncle could have been in that has sometime back from when David was a kid.

And on a side note, if I remember correctly, I think David explained the holes in the closet doors as being from him and his brothers playing rowdy in their rooms when they were kids, and no one ever replaced the damaged doors.

Read this book: Gone in the Night: The Dowaliby Family's Encounter With Murder and the Law. David Protess and Rob Warden (1993)
Retrieved from "http://en.wikipedia.org/wiki/David_Dowaliby"

I read it this summer it was very good and very complete. There was an Uncle with mental illness. There was also at least one other girl from the area taken from her bedroom at night and molested, but not murdered. There is anotehr suspect connect with that. I think it was him. Sorry, I don't have the book now so I don't remember his name. I know I posted this on another thread here.

Very good read, unbelievable what went on in this case.

[crochetbuff]

Here's my post from summer 2008 after reading Dowaliby book:

Quote:
Originally Posted by crochetbuff
Found something on another board where a poster who identifies herself as Jaclyn's cousin posted. Down near bottom of the page.

http://websleuths.com/forums/showthr...?t=9245&page=2

She states that she thinks the Uncle is a very probable suspect.
The Uncle is since deceased.

No one has ever been convicted except for David Dowaliby, the conviction was later overturned.


Hi everyone,

So I decided to check the book about the Dowaliby case out from the library Gone in the Night By David Protess & Rob Warden. Read it in the last 3 days. Very good book. Very interesting. Kinda confusing with a lot of people, evidence & conversations discussed in it. Hard to read sometimes because it's so darn frustrating to read about all of the *#%k-ups along the way by the police, the family, media, lawyers. Quite a scary story of one family being railroaded by the cops, politicians & media, prosecutors.

For me, two prime suspects emerge:

Perry Hernandez who almost exactly one year after Jaclyn's death broke into a home in the area through an open window, took the little girl out of her bed from the same room where her brother was sleeping, past the dog and all, and sexually assaulted her. She was let go and made her way home. He went to prison for that. There's an article online that Hernandez was going to submit blood samples in 1989, it's through one of those services that you have to sign-up for, so I can't read the article. I don't know if Hernandez ever submitted those samples. If he had, he could have been ruled in or out as a suspect, as there was blood under Jaclyn's fingernails. It was type O, David Dowaliby's was Type A. I have no idea if anyone has since done any DNA testing on the blood found under Jaclyn's fingernails.

There was another case while David Dowaliby was in prison where the same thing happened, she was the daughter of a woman who ran a fitness place where Cynthia used to go with Jaclyn the summer before Jaclyn disappeared. I'm not sure, but I think Perry Hernandez might have been in prison by the time this event happened. There were also a couple of other incidents earlier in the area that were VERY similar to both of these cases. Police never seemed to work very hard to connect them. They didn't seem to really care a whole lot that there was someone out there taking children from their beds. They dismissed any connection due to the fact that Jaclyn was murdered and the others were not. That seemed to be their ENTIRE reasoning.

Timothy Guess brother of Jaclyn's biological father James Guess. He was psychotic and took medication for it. Story seems to be that by the time Unsolved Mysteries did a segment on this case in November, 1992, several of the people who had given an alibi for Timothy called in and changed their stories. He was said to have been at a restaurant where he worked the entire night, but many later said he wasn't there the entire time and that they had been asked by the restaurants owner to cover for Timothy. He told police all sorts of fanciful "psychotic" stories. He spoke of a "spirit" that told him things and did things. He spoke AS "the spirit" when his eyes turned from green to blue. Some details he knew seemed to be things that only the killer could have known (things about her house, but also things a family member could know, although he didn't have much contact with Jaclyn), but no "smoking gun". He did drive a friend home often who lived in the same apartment complex where Jaclyn's body was found by the garbage dumpsters. Info. from another board, he is now deceased.

Someone should be reopening this case and testing for DNA. The Dowalibys changed their last name to protect their children.

[Cori aka ChrisSCrush]

Timothy Guess brother of Jaclyn's biological father James Guess. He was psychotic and took medication for it. Story seems to be that by the time Unsolved Mysteries did a segment on this case in November, 1992, several of the people who had given an alibi for Timothy called in and changed their stories.

So should have had no connection to David Dowaliby or his house. How was he so familiar with it then? Looks like THE perfect suspect!

[lilmissd]

There are a few things that really bother me about this case. First off, whoever kidnapped Jaclyn must have known the family well and the layout of their house. Because how would they know which room was hers and which window in the house to break? Someone couldn't just know that by dumb luck. Secondly, when the killer broke the window why didn't everyone wake up? Especially Jaclyn's brother who shared a room with her; you mean to tell me that no one could hear the sound of glass breaking?! I am a sound sleeper and I would have heard it! And how could the killer have gotten in and out of that basement window without leaving any foot or finger prints on anything. There is just something here that's not right, I hope that one day that this case will be resolved.

[TheCars1986]

David Dowaliby kind of reminded me of Ted Danson. He kept sticking his tongue out of his mouth and I've noticed Danson does the same thing.

[crochetbuff]

So should have had no connection to David Dowaliby or his house. How was he so familiar with it then? Looks like THE perfect suspect!

I think you're being sarcastic, right?! Well, yes the Uncle Timothy Guess was the brother of Jaclyn's biological father, NOT the brother of David Dowaliby. He might have been in the house a few times, or he might not have been. He wasn't close to Jaclyn. I can't remember exactly what the book said, but Jaclyn didn't have much of a relationship with her biological father. So yes, he wasn't really the perfect suspect at all.

I like the other guy, Perry Hernandez for it (o.k., now I sound like I'm on NYPD Blue!). There's just so much about him and his car that I think he did it. If you can get this book from the library, it really is a good and quick read.

[VikingsGal]

I would love it if someone who was close to the case posted here and could verify if the Dowaliby family changed their name when they moved. I thought I read somewhere that they did.

I, for one, never thought David was guilty - what would his motive possibly be? And as a mom myself if I suspected that my hubby had ANYTHING to do with it I would be outta there and helping the police to put hubby in jail. Cynthia never struck me as a victim-y type who felt she had to stay with ehr husband. And we are assuming it was a distant family member - it could have been a random thing, we don't know.

But the witness who pointed out David's "large nose" from a such a huge distance and the jury convicted on that....what a croc.

[TracyLynnS]

There are a few things that really bother me about this case. First off, whoever kidnapped Jaclyn must have known the family well and the layout of their house. Because how would they know which room was hers and which window in the house to break? Someone couldn't just know that by dumb luck. Secondly, when the killer broke the window why didn't everyone wake up? Especially Jaclyn's brother who shared a room with her; you mean to tell me that no one could hear the sound of glass breaking?! I am a sound sleeper and I would have heard it! And how could the killer have gotten in and out of that basement window without leaving any foot or finger prints on anything. There is just something here that's not right, I hope that one day that this case will be resolved.

Lilmissd,

If I remember correctly, the window that was broken was a basement window and was not Jaclyn's bedroom. From entering the basement, the killer then was able to move freely about the house looking for Jaclyn.

Also, IIRC, the basement room he broke into was David's mother's bedroom, but she was staying over at a friend's house for the evening. (Does anyone else remember this part?) Anyway, I think it was just by sheer luck that Jaclyn's grandma was out that night and wasn't in her basement bedroom, or she would have awakened and been able to confront the intruder.

Unless, the police want to look into people who are aquainted with the family who knew that the grandma was not going to be home. Having that knowledge, he would know that he would be able to break in without being heard. Also, that would explain how he could break in without tipping stuff over under the window. If he knew grandma, he may have been in her room before and knew how her furniture was arranged and how to avoid it when climbing in through the window.

[TracyLynnS]

I went around the internet trying to find out why this investigation and prosecution was so botched. I had a feeling that it had something to do with crappy Chicago politics and police work. There have been quite a few botched jobs that we can lay directly at their feet.

I ended up over at websleuths and found this little nugget in a post from Jaclyn's cousin:

>>>My uncle's sentence was overturned and he was finally released once the state removed their heads from their rears and their noses from Daley's rear as well.<<<

Jaclyn lived in Midlothian, IL in Cook County, under Mayor Daley's jurisdiction. Seeing Mayor Daley's name was all I needed to know to figure out why such foolish "evidence" was used to convict Jaclyn's stepfather.

[VikingsGal]

I really think the cops missed the ball with not investigating who knew the grandma would NOT be home that night. Was that fact overheard at a party? Did someone overhear at a bar? And allow me to be very clear: I am in NO WAY accusing the grandma iof being involved. I think it could have been a randonm thing or someone the grandma knew who, once he heard she would not be home, took advantage of the situation.

I have heard similar situations: Someone in line at the bank blabs they will be out of town and someone else overhears and robs the house. Odd but true.

[Jediknight1823]

I went around the internet trying to find out why this investigation and prosecution was so botched. I had a feeling that it had something to do with crappy Chicago politics and police work. There have been quite a few botched jobs that we can lay directly at their feet.

And I can think of one that was from Unsolved Mysteries, Chad Maurer. That was completely botched.

[TracyLynnS]

I have heard similar situations: Someone in line at the bank blabs they will be out of town and someone else overhears and robs the house. Odd but true.

Yep, you never know what you say, or what somebody else says, that will end up getting you into trouble that you never imagined.

I vaguely remember a case here in Holly, MI back about 20 years ago. Some drunk/druggie mentioned to some other drunk/druggie about his uncle keeping a safe full of cash in his house.

It was all bar talk and bragging. The safe and the money never existed. But the guy hearing the story didn't know that. He went to the house in the middle of the night and killed the whole family by beating them in the head with a hammer while they slept.

They never had any idea that their good for nothing relative was out telling lies about their "wealth" that would make them the target of some crackhead.

[VikingsGal]

I wanted to bump this thread up as I watched the "American Justice" episode on the Dowaliby family yesterday. On this episode there was a lot of talk of good ole Cook County: Political pressure. Apparently Ruchard Daley Jr was running for office and wanted a conviction - pronto.

And don't get me wrong cause I love Chicago, but it's political system is not always on the up and up. So was there undue pressure to get a conviction no matter what? For sure. That, plus the jurors deciding that holes in the closet doors must have been put there by David Dowaliby is just insane! I am no lawyer but isn't that considered "weighing facts not presented as evidence?"

American Justice also made it sound as though if you get an investigator that has it in his/her head that you are guilty.....good luck with that.

[TracyLynnS]

VikingsGal,

I was able to catch part of that show and also about half the TV movie with Shannen Doherty that was shown recently.

I feel SO bad for the Dowaliby family. And poor Cynthia especially. She was really heartbroken, I think maybe to the point of a nervous breakdown over it all.

I just want to give her a hug every time I see her on TV. (And I'm a mean old bitch without sympathic feelings, so that says something right there.) But that poor lady, losing her beautiful daughter, and then to suffer even more agony by having her husband railroaded when he should have been home to comfort her.

Those community officials let the Dowalibys down horribly, when they should have had their training put to use finding the killer and using their resources to support the family.

Botched and disgusting. God help anyone who finds themselves in such circumstances.

[7hurricane]

Gone in the Night is a wonderful book I just finished reading over the week end. It went to great details about the case I didn't know and the botched job the prosecution and police did.

Just to clear a few things up...Jacyln was kidnapped between Sept 9th or early Sept. 10th her body was found behind a dumpster on Sept. 14th. Several other cases of children being abducted from their bedroom were reported b/w 1988-1992 but yet the police still believed that someone could not take your child in the middle of the night and you not hear them. The holes in the walls/closets of the Dowaliby home were made from David's brother who had a very violent temper. Later after being cleared and really questioned more accurately about the events of the night of Sept. 9th neither parent could remember locking the sliding glass door to the patio there is speculation that someone broke the window and heard a dog barking or saw a car and thought they were going to be caught so they ran to the back of the house where they entered from there. It was very interesting after they finally found Ray Padecky who looked exactly like David Dowaliby and he admitted he was the person that Everett Mann probably saw that the apartments where Jacyln's body in the early morning of Sept. 10th. The prosection never showed him the photo of Ray or Rob Padecky (can't remember his first name) Also towards the end of the book the attorney and investigator that helped David get out of jail questioned Timothy Guess (Jacyln's uncle) and his alibi really isn't that air tight he also knew a lot about the crime itself and the scene. He went around weeks and months after Jacyln's death saying that he could get away with murder and never get put away b/c he was mentally unstable and he knew they would throw him in an institution. Do I think he committed this crime yes I do...read this book it's great!

[TracyLynnS]

I just thought I'd throw out some info on those crazy Daleys in Chicago.

When Senator Percy's 21 year old daughter, Valerie, was stabbed to death in her bed, in 1966, in the family home, while the Senator and his wife, and Valerie's twin sister, who later went on to marry Jay Rockefeller, all slept down the hall, one of the Daley clan was chief of police and was handling the murder.

Within 1/2 an hour of the murder being called in to the police, a patrol car was sent to the home. At the same time, about 5:30 am on a sunday morning, a cab driver saw a Pastoral Green station wagon parked outside the Percy home with a man dressed in a suit standing next to it.

When the cabbie heard about the murder, he thought it was suspicious, considering the timing, so he called in the tip to police.

Police chief Daley called a press conference and had the whole chicago area on the lookout for a Pastoral Green station wagon, as this was now the suspect vehicle in Valerie's murder.

What Daley neglected to tell anyone was that in Kenilworth, IL, the chicago suburb where he was Chief of Police, the people were so rich that they didn't want the beauty of their streets marred by black and white cop cars roaming around on patrol. The citizens had the cops order a fleet of Pastoral Green station wagons so they would be pleasant on the eyes.

[Clockworkhigh]

I dont know, call me crazy about this case but something has always stunk the joint up with this whole thing.

It is a fantastic coincidence that the grandmother just so happened to not be in the house at that time. And that window? Well, it doesnt look like the most comfortable or spacious thing to climb through. I know if someone wanted to really kidnap Jacyln they would do that but it still seems a little "too convenient" for me.

I have no idea why there was such a big issue about the desk below the window being disturbed. It would take two seconds to put a bottle of makeup back on the shelf and did the "intruder" not just leave out the front door?

Anyways something has always been weird about this case I thought. The polygraph thing bothers me a bit about David. How do you fail to pass a pair of polygraphs? Even if they were inconclusive. That bothers me a lot. What does he have to gain from this? Well all I can think of would be the fact that she wasnt his biological daughter but that's a weak point I know.

I'm just torn down the middle basically. No reason whatsoever. I just feel that this case could go either way with me

[TracyLynnS]

Clockwork,

The Dowaliby's did a reenactment on video, and had their friend climb through the basement window, to prove that it could be done without disturbing the items below. The guy didn't have any trouble getting through, and was able to do so very quickly. I think someone who is determined to commit a crime in that house wouldn't have any problem using that window as an entry point, unless he was a very large person.

IIRC, David Dowaliby was told that he failed the polygraphs as a police interrogation tactic to get him to confess to the murder, when in fact, he had not failed them. I was unaware that he took polygraphs that were deemed "inconclusive". If that's what happened, I'd have to say that the stress of his daughter being missing and him being accused was too much on him, and it led to the poly not being able to give a result, one way or the other.

I think they said that Cynthia was too overwrought to successfully be polygraphed. IIRC, she was also charged early on, but they eventually had to drop the charges for lack of evidence.

In the movie, there was a scene during the polygraph where one of the statements they wanted David to make was something like "I killed Jaclyn". He refused to say that for the investigators because of how awful it was to say, and it not being true, among other reasons. I don't know if that polygraph question was just for the movie or if it actually happened during his poly exam. If that really happened, then it's no wonder his exam would be considered 'inconclusive', because he refused to make such a statement.

As far as grandma being gone that night, and it being too convenient... I don't think the movie or any news coverage has ever said what the grandma's lifestyle was like. They gave the impression that she was permanently living with the Dowalibys and that the room in the basement was her private bedroom.

Maybe she regularly spent the weekends at a friend's house, or maybe she had a boyfriend and she stayed at his house a lot of the time. Or maybe on just this night, she planned on partying hard and knew she would be too drunk to drive home, so she made arrangements to stay over with a friend. If there's anything suspicious about it, I think only that it could be someone overheard her saying that she wouldn't be home that night, so they knew they could get into the house through her bedroom window, and they wouldn't be caught.

[crochetbuff]

Clockwork,

The Dowaliby's did a reenactment on video, and had their friend climb through the basement window, to prove that it could be done without disturbing the items below. The guy didn't have any trouble getting through, and was able to do so very quickly. I think someone who is determined to commit a crime in that house wouldn't have any problem using that window as an entry point, unless he was a very large person.

IIRC, David Dowaliby was told that he failed the polygraphs as a police interrogation tactic to get him to confess to the murder, when in fact, he had not failed them. I was unaware that he took polygraphs that were deemed "inconclusive". If that's what happened, I'd have to say that the stress of his daughter being missing and him being accused was too much on him, and it led to the poly not being able to give a result, one way or the other.

I think they said that Cynthia was too overwrought to successfully be polygraphed. IIRC, she was also charged early on, but they eventually had to drop the charges for lack of evidence.

In the movie, there was a scene during the polygraph where one of the statements they wanted David to make was something like "I killed Jaclyn". He refused to say that for the investigators because of how awful it was to say, and it not being true, among other reasons. I don't know if that polygraph question was just for the movie or if it actually happened during his poly exam. If that really happened, then it's no wonder his exam would be considered 'inconclusive', because he refused to make such a statement.

As far as grandma being gone that night, and it being too convenient... I don't think the movie or any news coverage has ever said what the grandma's lifestyle was like. They gave the impression that she was permanently living with the Dowalibys and that the room in the basement was her private bedroom.

Maybe she regularly spent the weekends at a friend's house, or maybe she had a boyfriend and she stayed at his house a lot of the time. Or maybe on just this night, she planned on partying hard and knew she would be too drunk to drive home, so she made arrangements to stay over with a friend. If there's anything suspicious about it, I think only that it could be someone overheard her saying that she wouldn't be home that night, so they knew they could get into the house through her bedroom window, and they wouldn't be caught.

Hi,

I don't know if you've had the chance to read the book mentioned in this thread "Gone in the night". It is a great read, and answers a lot of your questions. I read it, but now can't remember the exact details of the grandmother being gone that night, but I do remember it was checked out.

There is SO much to this case that it's hard to keep track of and the U.M. piece only touches on a small amount of the case. :wave:

[Clockworkhigh]

Fair enough. Yeah I have only seen the UM segment and that's it. I guess the book would shed a little more light on the issue. Honestly though it could be just a hunch, but the father had a weird demeanor I always thought. I'm not saying he's at the same level as Larry Gibson or Don Dixon or Mike Morris where you just flat out KNOW they are laughing on the inside that they werent caught despite pretending to grieve, but I don't know something just seems off about Jacyln's father, I just don't know what

[yuppielawyer]

I've seen Mr. Dowaliby interviewed several times and I believe he is 100% innocent. I think what was done to him by the authorities in Cook County was disgraceful. Not only did they wrongfully charge and incarcerate innocent people, their tunnel-vision resulted in the murderer of a little girl never having to face justice. Shameful.

I also think the jury members deserve to be shamed as well. There was NO reliable evidence to suggest that Mr. Dowaliby murdered his daughter. There is no way the so-called eyewitness could have identified him under the circumstances that night, and their completely baseless conclusion that the damage to the door was some sign of him having been a violent person was indefensible. The jury system doesn't work if jurors don't do their job, and these jurors most certainly didn't.

[VikingsGal]

I've seen Mr. Dowaliby interviewed several times and I believe he is 100% innocent. I think what was done to him by the authorities in Cook County was disgraceful. Not only did they wrongfully charge and incarcerate innocent people, their tunnel-vision resulted in the murderer of a little girl never having to face justice. Shameful.

I also think the jury members deserve to be shamed as well. There was NO reliable evidence to suggest that Mr. Dowaliby murdered his daughter. There is no way the so-called eyewitness could have identified him under the circumstances that night, and their completely baseless conclusion that the damage to the door was some sign of him having been a violent person was indefensible. The jury system doesn't work if jurors don't do their job, and these jurors most certainly didn't.

The prosecutors and jurors should all be embarrased. The one eyewitness who said he could see Mr. Dawallby's NOSE from how many yards away? In the dark? I am usually the first one in line with the thinking the parents did it but in this case and the very sad JonBenet case I think all the parents were 100% innocent. Not just not guilty but innocent.

And the jurors who took it upon themselves to determine that because there was some bedroom doors that had seen better days (holes, roughed up) that it meant Mr. Dawallaby had a temper and put his fists through the doors? Really? And they got twelve people to agree.......yikes.

[ddelta]

I watched this movie on lifetime not too long ago. I believe the parents to be innocent. What was weird was that the movie portrayed the Grandmother who was out that night as a kind of partier. David says something to her like "you had to be out again all last night".

At first when they woke up and Jaclyn was not in her bed they thought she went out to the store with the Grandmother. It was not until the Grandmother showed up that they started realizing there was a big issue.

Whoever did it broke into the basement window of the Grandmothers bedroom and then went to Jaclyn's room, picked her up with a comforter and then went out the front door. THe front door was left open, as they showed Cynthia closing it in the morning thinking the Grandmother had left it open.

I just can't get out of my head that whoever did this had to know the Grandmother was going to be away for the night...unless they looked into the window and saw the bedroom empty. That fact that they alluded to the fact that the Grandmother was out drinking with her friend made me think that maybe someone who knew her family, saw her out that night and went to the house........

[yuppielawyer]

Yeah, I tend to think the person just looked through the window and didn't see someone there, so decided to sneak in that way.

People are always suspicious in cases where a child is abducted from the home, especially when parents were in the home and didn't hear. It is very rare. But, we know that it does, in fact, happen. It happend with Elizabeth Smart, Danielle Van Dam, Jessica Lunsford, etc. Sadly, it happened to this poor girl, too, and her parents were victimized by the murderer, and by the system on two counts--for wrongly prosecuting them and failing to catch her killer. Very sad.

[kadrmas15]

Yes, I too believe that the Dowaliby's are both innocent. What was done to them is sadly all too typical in a lot of jurisdictions but Cook County, Illinois is one of the worst. It was actually the Blue Island, Illinois police and the Illinois State Police that investigated this case. That jerk police chief who still refused to believe he screwed up, basically allowing a child killer went free all because his department bungled the investigation from the start and operated with tunnel vision and he did not want to admit it. Cook County, Illinois is on my own person top 20 list of most corrupt jurisdictions by county in the United States. Illinois as a whole has a very corrupt criminal justice system as well, they easily make it in my personal top 10 list for states that are the most corrupt in terms of the criminal justice system.

Everyone in this case that contributed to this, the jurors, the judge, the prosecutors, the cops, the witness who was either lying or out of his mind when he claimed he could clearly distinguish David Dowaliby's nose from 75 yards away on a dark, moonless night. That witness it was later revealed had bi polar and had a history of manic episodes where he would do any say outrageous things. I am not blaming him for his mental illness, but he should have never been allowed to testify. As was said in the segment, he picked out Dowaliby's picture out of a photo line up because Dowaliby's picture was the largest one in the spread thus his nose was the largest so the witness picked it out. This is a common tactic by police to get someone to falsely pick someone out of a photo line up by making the picture of the suspect they want the person to pick out bigger or make it distinguishing in some way so it stands out in the persons mind.

Dowaliby actually passed the lie detector test. However he was told that he failed even though he passed. This too is a common ploy among police, they have often times given someone a polygraph, the person passed yet they tell the person they failed to try to trick them into incriminating themselves and it works quite a bit. I remember a case out of Virginia that is still ongoing actually, where there were 4 navy guys that in my opinion are ALL innocent of a rape and murder, another guy did it, admitted that he did alone, pled guilty, his DNA was the only one there yet the other guys are all still in prison. Out of the 4 of them, at least two of them passed polygraphs yet the police told them they failed to trick them into confessing and it worked. There are now 3 guys doing LWOP in Virginia for a crime they did not do, two actually pled guilty to avoid the death penalty, another guy was convicted and then had his conviction reversed and was convicted again because the jury could not get past the fact he confessed even though he passed a polygraph (of course the cops lied to him and said he didnt). The 4th defendant was acquitted of murder but was convicted of rape on no evidence and was sentenced to 8 years in prison, the minimum allowed, he was released from prison in 2005.

These jurors illegally considered evidence that was not presented to them. However I can only blame them so much. They were told what the prosecution wanted them to know or in some instances not know. The judge should have never allowed those photos in of the holes in the wall in any event as it had nothing to do with the case. This was part of the reason why David Dowaliby's conviction was reversed and a judgement of acquittal ordered. This case was actually incredibly weak and should have never resulted in a conviction and to be honest should not have even gone to trial.

This case reminds me a lot of the case of Rolando Cruz and Alejandro Hernandez. Both of whom were wrongfully convicted of murder in DuPage County (which is a neighboring county to Cook County) not once but twice. Both were sentenced to death the first time. The 2nd time, Hernandez escaped the death penalty and was sentenced to 80 years in prison but Cruz was sentenced to death a 2nd time.

[7hurricane]

yeah in the book it seemed that David's mom was a pretty heavy bar hopper. She said she was so drunk that night and knew she couldn't drive home so some guy took her to his home b/c she couldn't tell him how to get to her house. Then he returned her to her car the next morning.

[yodapop]

I'm watching the movie "Gone In The Night" on LMN.

How is the Dowaliby family today?

Has Mayor Richard M. Daley ever apologized for what he did? (He was State Attorney who pushed the case through for political gain.)

Has anyone ever attempted to hold him accountable in any way?

How does Daley live with himself?????

[kadrmas15]

No Daley has never apologized. In fact none of the authorities, either the Blue Island Police Department or the Illinois State Police have ever apologized. If I were the Dowaliby's I would have sued the Cook County State's Attorney's Office, the Blue Island Police Department (where Jacqueline's body was found), the Midlothian Police Department (where the Dowaliby's lived) as well as the Illinois Department of Corrections and the State of Illinois. Richard Daley was not the State's Attorney at the time of David Dowaliby's conviction but as you mentioned he was State's Attorney when they were arrested and charges filed and no doubt Daley used the case for short term political gain.

Daley only cares about himself and his sorry political career. Daley was elected Mayor of Chicago in 1989 in a special election to finish out the last two years of the term of the late Mayor Harold Washington. Daley was re-elected in 1991, 1995, 1999, 2003 and 2007. Daley will probably be Mayor of Chicago until he falls over just because he has so much power and there is so much corruption in the democrat machine there.

This case reminds me a lot of the Rolando Cruz case where then DuPage County Assistant State's Attorney Joe Birkett railroaded Cruz not once but twice for his own political gain. Birkett was an Assistant State's Attorney from 1981 to 1986. After the first conviction and death sentence in the Cruz case, he was rewarded by being promoted in 1986 to be Chief of the Major Crimes Unit of the State's Attorney's Office. In 1988 he was promoted to be Deputy Chief of the Criminal Division and after Cruz was convicted for a 2nd time in 1991 he was promoted to be head of the Criminal Division of the State's Attorney's Office. Despite Cruz's 1995 acquittal, Birkett was appointed DuPage County, Illinois State's Attorney in early 1996 by Governor Jim Edgar to fill the last few months of an unexpired term, he was elected to a full term in his own right that November and has been re-elected in 2000, 2004 and 2008. Birkett ran for Attorney General in 2002 and narrowly lost to Lisa Madigan and it is thought that backlash from the Cruz case cost him the election. Birkett was also the Lieutenant Governor candidate on the 06 republican ticket that lost to now impeached and disgraced Governor Rod Blagojevich. Birkett has announced he is running for Governor of Illinois next year.

Roland Burris also used the Cruz case for his own political gain. Burris was State Comptroller for three terms however in 1990 he was elected Attorney General and served one term. Burris did not run for re-election in '94 but instead ran for the democrat nomination for Governor which he lost. It is thought the negative publicity from the Dowaliby and Cruz cases blew up in his face. Burris has not won an election since 1990 although he was appointed early in December to finish out Obama's Senate term although Burris is expected to be defeated should he run again next year.

[MissFit29]

I thought the answer to this case could be connected through Grandma too. I don't think she's responsible, but perhaps she had a friend, lover, whatever that could have done it. I think it was someone who knew the layout of Grandma's room and how to gain access to the house.

[Cori aka ChrisSCrush]

At first when they woke up and Jaclyn was not in her bed they thought she went out to the store with the Grandmother. It was not until the Grandmother showed up that they started realizing there was a big issue.

The UM segment never went into this. Made the Grandmother sound possibly guilty. I called the telecenter about this and the operator said a lot of people said the same thing--perhaps David's mother was trying to eliminate the only child who was not her biological grandchild.

[Cori aka ChrisSCrush]

I thought the answer to this case could be connected through Grandma too. I don't think she's responsible, but perhaps she had a friend, lover, whatever that could have done it. I think it was someone who knew the layout of Grandma's room and how to gain access to the house.

Yeah, like in the Danielle Van Damm and Jessica Lunsford cases where the abductor/killer took advantage of the knowledge that a parent wasn't home. Danielle was with her father when her mother was out and Jessica with her grandparents. The absent parent could have been made to look guilty, except in both these cases I think they were out with friends so had witnesses.

[Mastermind]

I've seen Mr. Dowaliby interviewed several times and I believe he is 100% innocent. I think what was done to him by the authorities in Cook County was disgraceful. Not only did they wrongfully charge and incarcerate innocent people, their tunnel-vision resulted in the murderer of a little girl never having to face justice. Shameful.

A 100% percent is a little too high for me. 75% is the highest I would ever go on a case. The only way I would I could be 100% sure of someone's guilt is if i witnessed the crime myself

I am 60% sure Dowaliby is innocent.

That being said, I would not slam the door on any investigation involving him as a suspect. Too many times people become locked into one theory and refuse to acknowledge the other side.

[TracyLynnS]

I watched part of the TV movie again yesterday...

Another reason I think the jury was so easily persuaded to convict David Dowaliby on no evidence is because of the line of thinking that went on in people's heads back in those days.

I've heard my mom say it a million times, "If the guy ain't guilty, how did he get this far into the system?"

In other words, only guilty people are up for trial. The innocent are winnowed out by the police doing their detective work. And the state would never bother spending all that money to try an innocent man.

I had to get interested in true crime, reading books, watching the shows, before I realized that there are plenty of people who are no where near guilty who end up charged with serious crimes and facing prison for something they didn't do.

[mattc]

I have been trying to find the book for a while, but they don't carry it at any of my local libraries.. guess i'm gonna order it online. But, question for those who have read the book/are really familiar with the details of this case:

I have seen the UM segment, and done some internet research, and I can obviously tell that there was simply not enough evidence to convict him of the murder (in fact, the judge should have used his authority to throw out the jury's verdict right then and there).. that judge should have been cited for not doing so.

HOWEVER, while I see that there isn't much evidence to convict Mr. Dowaliby, I don't see why so many here are convinced he is innocent. What am I missing? Sure, his demeanor seems fine enough, but it's very logical that the parents would be suspects in any child abduction case, esp. since it happened in the home, and they reported it.

Granted, the investigation was poor, LE had tunnel vision, and the evidence was shoddy, however, does that eliminate him as a suspect???

I don't know... for me, just b/c there isn't enough evidence and his case was overturned (as it should have been), doesn't mean he is innocent or should not be investigated. That's my take.

[mattc]

I've heard my mom say it a million times, "If the guy ain't guilty, how did he get this far into the system?"

In other words, only guilty people are up for trial. The innocent are winnowed out by the police doing their detective work. And the state would never bother spending all that money to try an innocent man.



Very very interesting point and observation! I think you're absolutely right... that taints jurors across America, and it's a huge obstacle for defendants.

[crochetbuff]

I have been trying to find the book for a while, but they don't carry it at any of my local libraries.. guess i'm gonna order it online. But, question for those who have read the book/are really familiar with the details of this case:

I have seen the UM segment, and done some internet research, and I can obviously tell that there was simply not enough evidence to convict him of the murder (in fact, the judge should have used his authority to throw out the jury's verdict right then and there).. that judge should have been cited for not doing so.

HOWEVER, while I see that there isn't much evidence to convict Mr. Dowaliby, I don't see why so many here are convinced he is innocent. What am I missing? Sure, his demeanor seems fine enough, but it's very logical that the parents would be suspects in any child abduction case, esp. since it happened in the home, and they reported it.

Granted, the investigation was poor, LE had tunnel vision, and the evidence was shoddy, however, does that eliminate him as a suspect???

I don't know... for me, just b/c there isn't enough evidence and his case was overturned (as it should have been), doesn't mean he is innocent or should not be investigated. That's my take.

David Dowaliby was investigated very heavily. I still go for Perry Hernandez and would love to know if any DNA testing was ever followed through with. Along with my other posts about Perry Hernandez, I believe (but would have to find the book again to confirm) that there was also something about him and the place where Mrs. Dowaliby excercised and one other lady that also exercised there. I can't remember totally correctly now. That book has so much information in it!

[crochetbuff]

I have been trying to find the book for a while, but they don't carry it at any of my local libraries.. guess i'm gonna order it online. But, question for those who have read the book/are really familiar with the details of this case:



Oh, and would love to discuss more once you read the book and see what you take away from it. Always interesting to hear other views!

Also, at first the book can kind of overwhelm you with so many names, etc... It's an easy & quick read, just LOTS of info. LOTS of people/characters...

[crochetbuff]

Found this article posted somewhere, the link doesn't work anymore:

Justice for Jaclyn?

Can Midlothian child murder ever be solved?

September 12, 2009

BY AMY LEE
Twenty-one years ago this month, 7-year-old Jaclyn Marie Dowaliby disappeared during the night from her Midlothian home, triggering a heartbreaking mystery that lingers to this day.

Seven-year-old Jaclyn Dowaliby, missing from her Midlothian home for four days, was found dead in Blue Island on Sept. 14, 1988. The case remains unsolved.
(File photo)

Technology allows the unsolved murder of Jaclyn Dowaliby to live anew in cyberspace. Numerous online true-crime forums have pages devoted to Jaclyn's murder. The Facebook group "7-year-old Jaclyn Dowaliby murder still unsolved after 20 years," has 47 members, and a woman purporting to be David and Cynthia's daughter, born after Jaclyn died, has posted video tributes to Jaclyn on YouTube.com. There is also a little-trafficked MySpace page "In memory of Jaclyn Dowaliby."

A Tribute to Jaclyn Dowaliby was posted on YouTube.com by meprue Jan. 18, 2009:
Jaclyn Marie Dowaliby

May 17, 1981~September 14, 1988

This is a video dedicated to my older sister Jaclyn Dowaliby who would be 28 this year and to all the little angels who were murdered. May they all rest in peace and be forever in our hearts, and hope that one day they will find Jaclyn's killer. I will miss my sister Jaclyn so much even though I never got the chance to meet her and Davey and Carlie miss her to.

Jaclyn Dowaliby., was posted on YouTube.com by SugarKane62 on Nov. 7, 2008
meprue, posted May 2009:

This is about my sister Jaclyn. I never had the chance to meet her because she died before i was born, but i always keep her in my heart. This is a really nice video, i'm sure Jaclyn would love it.

By Amy Lee

Jaclyn's body was discovered Sept. 14, 1988 - four days after her abduction -lying a few feet from a Dumpster behind an apartment complex in Blue Island, about 4 miles from her home. A rope was wound twice around her neck, her bedroom comforter wrapped tight around her tiny decomposing body.

No one has been held accountable for Jaclyn's murder, which shocked this sleepy suburban town of 14,000 and pitted neighbor against neighbor in the search to find her killer.

A Cook County jury once convicted her father, David, but he was exonerated and set free after serving 18 months in Stateville prison in the early 1990s.

Jaclyn's case sits cold, and evidence and transcripts from interviews given more 20 years ago sit untouched in 10 cardboard boxes in a Chicago warehouse. As the years stretched into decades, those involved in the case say there's little hope anyone will be held accountable for Jaclyn's murder.

"There is no way to continue to investigate it, and the family is pretty much at peace because they think they know what happened," said Robert Byman, a partner in the Chicago law firm of Jenner & Block, which argued David Dowaliby's successful appeal.

"Frankly, from the family's point of view, I'm not sure they have any interest in resurrecting anything. It's not something they want to be reminded about."

News last month that serial killer Brian Dugan had confessed to killing Jeanine Nicarico in 1983 called the unsolved Dowaliby case to mind. The similarities between the two cases are compelling: Dugan broke into the Nicarico home during the day when Jeanine was home sick from school; he kidnapped, raped and killed her, and abandoned her body in a field.

Dugan is not a suspect in the Dowaliby murder, but without a similar confession, those close to Jaclyn's murder case say early investigative missteps, a lack of DNA evidence and now-dead potential suspects and witnesses have frozen any real chance of solving the mystery of who killed Jaclyn Dowaliby.

"I accept that police, for the most part, are not about to admit that they're wrong," David Dowaliby told Oprah Winfrey during a segment that aired June 17, 1993. "We called them for help, and they came and threw us in jail. They ruined our lives."

David and his wife, Cynthia, declined to comment for this story. They changed their last name and moved out of Midlothian shortly after Jaclyn's murder.

The couple, who also had a 4-year-old son at home when Jaclyn went missing, maintain their only sin was sleeping through the night when an intruder broke in and stole their daughter. Those close to the couple say they suspect a mentally ill relative kidnapped and killed Jaclyn.

But police and prosecutors at the time - and to this day - maintain there was no intruder. The lead investigator on the case, Illinois State Police Capt. Daniel McDevitt, declined to speak with the SouthtownStar and referred questions to his former state police colleague Kevin Shaughnessey.

"I doubt very seriously the people who were responsible for the death of Jaclyn will say so," said Shaughnessey, Lemont police chief and a former state police officer who in 1988 served an a special task force of local and state police and FBI agents created to solve Jaclyn's murder.

Investigators maintain one or both parents killed Jaclyn, perhaps accidentally, and one helped the other to dispose of her body.

[mattc]

Thanks so much! I just ordered the book, so when I read it let's discuss it for sure.. I'm anxious to see more of the details in this case, which is quite fascinating.

[Clockworkhigh]

Hmmm, an accident eh? Is it possible? Could David have struck her the wrong way or something? Then he panics and has Cynthia help him clean it up? Sounds a little far fetched, and it would had to have been out of earshot of their little boy but with the grandmother gone the night it might have been convenient to "dispose" of her body. This would make the eyewitness account of David (even if it was from 75 yards away) legit and seeing Cynthia's vehicle in the same area legit.

I have just always found that this case reeks of JonBenet Ramsey case. In both cases I am not necessarily implying the parents were in on it, but I find it to be a remote, remote possibility that someone broke into each home and took the child. I say this because there can be countless possibilities. I'm guessing a relative could possibly have a key to the house and the whole window smashing was just to throw them off. I just think someone knows something that would help solve the case.

[cocytus]

The parent's names were David and Cynthia Dowaliby. Their 7 year old daughter, Jaclyn, was abducted from their home in the middle of the night on September 10, 1988 and found strangled to death a few days later. The Dowalibys were implicated in the crime, and David was convicted but the conviction was eventually overturned.

I thought there was some speculation that the uncle (David's brother) was involved, but I can't recall if anything ever came of that (edit: it appears he had an alibi, though it was questionable).

Here is a wikipedia article on the case. You can probably find more by Google now that you have the correct spelling of their names. The article mentions that the case is still unsolved, btw:

http://en.wikipedia.org/wiki/David_Dowaliby

Just FYI....the link in the above posting is now broken.

[TheCars1986]

Just watched the entire segment for the first time and I can honestly see why there's always been a shadow of suspicion on David Dowaliby. First let me say that I've never read the book about the case, so the only thing I'm going on is the information provided in the UM segment and in this thread. I think it's extremely unlikely (although not impossible) than an random intruder would break into someone's house to abduct their child in the middle of the night. The risk factor is just waaaay too high. What if one of the parents were armed or still awake? And just how did the intruder be able to traverse through the house in the dark, without disturbing anything, and be able to find Jaclyn's room and also be able to take her out of the house without any sort of struggle that awoke the other members of her family? Not to mention he also picks the same night that Jaclyn's grandmother was out spending the night elsewhere. I honestly do not think this intruder was random at all, whoever murdered Jaclyn had to have known her and her family.

The evidence against David Dowaliby is thin and has been discussed her ad naseum so I won't rehash it. In all honesty, I'm amazed he got convicted off of one person who claims to have seen his nose from 75 yards away. That's pretty much the only evidence they presented in the UM segment against Dowaliby. I think he came off sincere in his interview and that his explanantion about the "inconclusive" polygraph made sense and in all likelihood is what really happened. It is very interesting to learn that a man named Perry Hernandez committed a nearly identical crime to this one a year later, but in that case let the little girl live. Why wasn't this guy followed up on by police? I've read in this thread that the other little girl's mother went to the same fitness center as Cynthia Dowaliby and I'm guessing that the theory is Hernandez may have followed both women around and stalked their families. However, Hernandez wouldn't have known the layout of the Dowaliby's home, and also wouldn't have known whether or not someone was still awake or getting ready for bed, etc. Even if he shined a light in the basement and saw that no one was in the bedroom, there was still the chance that whoever occupied that bedroom was nearby and going to catch him in the process of breaking in. And what if Jaclyn wasn't home that night? Would he have abducted her little brother instead? It seems likes there's an infinite number of "what ifs" that could have occurred (had this been someone unknown the family) that would have interrupted/ruined the intruders intended plan. It's almost too brazen of a crime.

So if it wasn't Jaclyn's parents or an unknown intruder like Perry Hernandez, who was it? I keep reading about this "mentally ill" relative of the Dowaliby's, whom they allegedly suspect is responsible. This would make the most sense considering a family member would:

-Know the layout of the house.
-Know the exact location of Jaclyn's room.
-Possibly know that the grandmother was usually not home on certain nights.
-Know that the Dowaliby's weren't armed.
-Know that the Dowaliby's would all most likely be sound asleep at the time he carried out his "plan".
-Be able to wake Jaclyn and take her out of the house with no problem, since he was a relative and not a "stranger".

I think that is the most likely scenario in this case. A relative of the Dowaliby's is responsible for Jaclyn's death, and it amazes me as to why her family doesn't want to "resurrect" the case or drudge up the past. It doesn't seem like the police care to do anything about it either. Is this mentally ill relative still alive? And does law enforcement still consider this case open? If the answer to both questions is "yes", I don't see why more people aren't pushing for police to reinvestigate every aspect of this case and try to get a confession out of someone. Because someone got away with murdering a innocent 7 year old girl.

[crochetbuff]

From TheCars1986: So if it wasn't Jaclyn's parents or an unknown intruder like Perry Hernandez, who was it?

Read more: http://www.sitcomsonline.com/boards/newreply.php?do=newreply&noquote=1&p=4641856#ixzz1kD2ry0AC

If you can get the book from your local library... it's a good read. I believe it was Perry Hernandez. He had broken into a nearby home, through a window and had taken a girl not too long before Jaclyn was killed. Luckily he didn't kill her and she was found (sorry, don't remember now, if she was put back in her room or left outside). No one heard him during the night of that abduction. He knew the woman who ran the gym where Mrs. Dowaliby went and where Jaclyn had stayed at child care during workouts. Can't remember all the details. Mainly the police dropped the ball and just wouldn't look at him for this one because they were focused on Mr. Dowaliby.

[TheCars1986]

Didn't Hernandez allegedly have an alibi? And do you know what the current status of this case is?

[RobinW]

Interestingly enough, I recently watched "Gone in the Night", the made-for-TV movie about the Dowaliby case, and it has a scene near the end where Rob Kinney, the suspected uncle, makes a tape-recorded confession to two reporters, where he claims he's chanelling information through a "spirit" and provides details about provides details about Jaclyn's abduction and murder that only the killer should have known. The reporters later tell the Dowalibys that they provided a transcript of this confession to the state attorney, but don't think anything will come out of it, given Kinney's mental state and the state's unwillingness to admit they screwed up.

Of course, given that this is a movie, I'm sure they took some dramatic license, but it makes a compelling case that Rob Kinney was the real killer. While the evidence against him isn't solid, it's still stronger than what was used to convict David Dowaliby in the first place!

[crochetbuff]

Didn't Hernandez allegedly have an alibi? And do you know what the current status of this case is?


Here's an article, doesn't say about an alibi, I can't remember from the book, I read it about 4 yrs. ago now.: http://articles.chicagotribune.com/1990-04-25/news/9002030337_1_kidnapping-sexual-assault-blue-island-5th-amendment

There had been an article online that was in a subscriber svc., so I couldn't read it, that Perry was going to submit DNA to compare with DNA found under Jaclyn's fingernails. I don't know if he ever did.

I'll see if I can find anything new.

[TracyLynnS]

Dangit. A few weeks ago, I made my yearly Amazon purchase with my christmas gift money. I've been keeping a list of Must Read books on hand so I'd be ready on shopping day, and I FORGOT TO ORDER the Dowaliby book. :(

[TheCars1986]

Here's an article, doesn't say about an alibi, I can't remember from the book, I read it about 4 yrs. ago now.: http://articles.chicagotribune.com/1...-5th-amendment

There had been an article online that was in a subscriber svc., so I couldn't read it, that Perry was going to submit DNA to compare with DNA found under Jaclyn's fingernails. I don't know if he ever did.

I'll see if I can find anything new.

I read that article and it was very interesting. I find it interesting that Hernandez was a neighbor to the family, so he did at least somewhat know the victim. The victim's family's window was also open, and there were several items that were disturbed as he climbed through the window in the kitchen (tomatoes and silverware). Hernandez also left behind cigarettes at the victim's house. Hernandez obviously was not the sharpest tool in the shed, he let the girl live and apparently did not make any attempt to flee, and left evidence behind at their house, etc. So if Hernandez was so cunning in abducting and murdering Jaclyn, why would he commit a near identical crime a year later and do it so incompetently? Doesn't seem IMO, that Hernandez would fit the bill of whoever killed Jaclyn.

[crochetbuff]

I read that article and it was very interesting. I find it interesting that Hernandez was a neighbor to the family, so he did at least somewhat know the victim. The victim's family's window was also open, and there were several items that were disturbed as he climbed through the window in the kitchen (tomatoes and silverware). Hernandez also left behind cigarettes at the victim's house. Hernandez obviously was not the sharpest tool in the shed, he let the girl live and apparently did not make any attempt to flee, and left evidence behind at their house, etc. So if Hernandez was so cunning in abducting and murdering Jaclyn, why would he commit a near identical crime a year later and do it so incompetently? Doesn't seem IMO, that Hernandez would fit the bill of whoever killed Jaclyn.

Yeah, hard to say. I felt Perry Hernandez wasn't taken seriously enough as a suspect. He might have just been lucky the night he took Jaclyn and didn't leave as much of a mess, or he was somehow altered the night he took the other girl and was messy. Hate to have him ruled out just because his M.O. was a bit different, so many other things were similar. Would love to know if his DNA was ever obtained and compared. I'm supposing his DNA was never given/obtained or we'd have heard one way or the other.

[Clockworkhigh]

I don't know...................a shattered window. An intruder failing to wake up THREE different people in the house while all the while knowing the grandmother isn't there. I know my wife is a very light sleeper and would wake up to someone prowling around. You'd think Cynthia as a mother of two might have more potent ears. Then there is the idea that Jacklyn didn't make a noise. No signs of a struggle in her room. Even if she got chloroform you think there would be drops of it. But nothing - anywhere. How could a little girl not make any noise?

If it is this mentally ill uncle you would think the evidence wouldn't be too hard to nail him. But I still wonder about David. Forget the eyewitness account, it is unreliable even if it might be true. But there are a lot of things the Dowaliby's COULD have done even before the cops showed up. They could have kicked the window in for all we know. It was them who discovered it right? There is nothing, not a fingerprint, not even some blood from the broken window. I mean, if you break a window and crawl through what looked like a VERY confined space as they showed then you would think that some glass would strike your skin that you didn't swipe away.

I've always leaned on an inside job, but in this case I am open that I can be wrong too. But could a mentally ill uncle pull off a perfect crime like that with not a trace of evidence? The one person with the opportunity is David.

[dks64]

I truly don't believe the parents were involved. Really, I think it's very possible an intruder came in through the window, didn't leave evidence (or left evidence that wasn't found), and carried her out completely unheard.

There was blood found on her pillow.

[dks64]

What do you think of the "evidence" in this article from 1989?

http://articles.chicagotribune.com/1989-02-17/news/8903060244_1_david-dowaliby-grand-jury-body

[LaurierCrimmajor]

When law enforcement work cases of this nature, alot of the time parents ARE unjustly targeted because they are the most probable suspects(immediate family) working off of the basic idiom that since young children and babies specifically know SO FEW people and are basically immobile and utterly dependent, the dragnet is fairly narrow of possible solid suspects and the parents are the most easy/likely target.

When we studied the Casey Anthony case for example(prior to the discovery of the body), what you run down right off the bat is WHO exactly had access to the child and what motive did they have. That's the jumping off point and law enforcement work from there. That said, when you look at the Ramsey case, there are potent chances that local PD's streamline their investigations on the parents as they are not formally trained(ie specialists) to work that level of crime/case and the immediately go for what is the most obvious, neglecting alternatives.

Now, the statistical probabilty of stranger home invasion/child kidnappng IS incredibly rare, but that's not to say they don't happen.

I find it hard to express my feelings here one way or the other as I just think so little of the PD's handling of the case and believe that had there have been professionals brought in, there would've been more definative answers.

[TheCars1986]

What do you think of the "evidence" in this article from 1989?

http://articles.chicagotribune.com/1989-02-17/news/8903060244_1_david-dowaliby-grand-jury-body

Geez, I didn't know they had all of that evidence against them. The rope used to kill her was linked to their house (and one that their son allegedly played with), and hairs similar to Jacyln found in the trunk of their car. I understand that any family member who knew the layout of the house could have snuck in undisturbed and unnoticed, AND would have had access to the murder weapon but why would they have hair in the trunk of their car? No wonder David was convicted in the crime. I wonder if they had an explanation as to why hair would have been in the trunk of their car?

[dks64]

Geez, I didn't know they had all of that evidence against them. The rope used to kill her was linked to their house (and one that their son allegedly played with), and hairs similar to Jacyln found in the trunk of their car. I understand that any family member who knew the layout of the house could have snuck in undisturbed and unnoticed, AND would have had access to the murder weapon but why would they have hair in the trunk of their car? No wonder David was convicted in the crime. I wonder if they had an explanation as to why hair would have been in the trunk of their car?

The thing is, that really isn't solid evidence against them, it's all circumstantial evidence. They didn't really link the rope to the house conclusively, a neighbor said he saw her brother playing with a similar rope, doesn't mean it's "the" rope. The neighbor could have easily been mistaken too. About the hairs in the trunk, they never confirmed that they were Jaclyn's hairs. My car, including my trunk, is full of my hair because I ride in it frequently. I've put my coats in the trunk that had my hair strains on them. I've seen my hair in my trunk. Again, we don't even know if it was Jaclyn's.

The only reason David was convicted was the hole in the wall that the previous owners of the house made. That's the problem.

I wonder if they'll ever reexamine the evidence with modern technology.

[TheCars1986]

About the hairs in the trunk, they never confirmed that they were Jaclyn's hairs. My car, including my trunk, is full of my hair because I ride in it frequently. I've put my coats in the trunk that had my hair strains on them. I've seen my hair in my trunk. Again, we don't even know if it was Jaclyn's.

The only reason David was convicted was the hole in the wall that the previous owners of the house made. That's the problem.

I wonder if they'll ever reexamine the evidence with modern technology.

I know they couldn't conclusively say that the hairs were Jacyln, only that they were similar. I just don't understand why hairs would be there at all. Maybe it's just me, but the only time I ever go into my trunk is for maintenance on my car and I don't see how my hair would ever be in there. And if the hairs weren't Jaclyn's, whose were they? Don't you think the investigators would have tested David and Cynthia's hairs to determine if it was theirs? The fact that they said the hairs were very similar to Jacyln tells me that they determined it was neither David or Cynthia's.

[dks64]

I know they couldn't conclusively say that the hairs were Jacyln, only that they were similar. I just don't understand why hairs would be there at all. Maybe it's just me, but the only time I ever go into my trunk is for maintenance on my car and I don't see how my hair would ever be in there. And if the hairs weren't Jaclyn's, whose were they? Don't you think the investigators would have tested David and Cynthia's hairs to determine if it was theirs? The fact that they said the hairs were very similar to Jacyln tells me that they determined it was neither David or Cynthia's.

You also have to remember this was the time before the internet when kids would play. I remember being a kid and playing in the trunk of my Dad's car. My Dad had a Fire bird and the trunk was different than a traditional trunk, it was fun. My Mom had a van, we loved to hang out in the very back and throw tiny things (like rocks) out the hole in the floor. This was before the enforcements of seat belts, by the way. It could have been her hair, not saying it definitely wasn't. Considering how narrow minded they were on the investigation, it wouldn't surprise me if they didn't test any other hair that could be similar, including Cynthia's. Hair transfers pretty darn easily, the hair could have gotten there simply by having a travel bag that was placed on the carpet in the house being picked up and transferred to the trunk. Or maybe a hairbrush was left in there. The hair could have been there for months, even years. My sister has a bunch of kids, her trunk is just full of crap, I'm sure there is hair there. Or maybe it got there when Jaclyn was helping put groceries in the trunk. I open my trunk at least 3 times a week, it would be so easy to happen.

We can't be 100% certain they're innocent, but considering everything I've read and seen, I would say I'm 98% certain they're innocent.

[Clockworkhigh]

What do you think of the "evidence" in this article from 1989?

http://articles.chicagotribune.com/1989-02-17/news/8903060244_1_david-dowaliby-grand-jury-body

I didn't know all of that stuff. It doesn't make them look very good. One thing I am concerned about. Cynthia claims she was going to wake the kids up at 9:40am or so. In what universe does a 4 year old sleep until 9:40am? Think back to when you were a kid and you ran to the living room at 7am to watch cartoons. Your parents weren't up yet, but you were. Or for those that have or had kids at that age do you ever remember them sleeping in that late?

So it makes me wonder something. Was that just extra time needed for the Dowaliby's to clean things up and have an airtight alibi? That's just an unusual time for a kid to sleep in until.

[dks64]

I didn't know all of that stuff. It doesn't make them look very good. One thing I am concerned about. Cynthia claims she was going to wake the kids up at 9:40am or so. In what universe does a 4 year old sleep until 9:40am? Think back to when you were a kid and you ran to the living room at 7am to watch cartoons. Your parents weren't up yet, but you were. Or for those that have or had kids at that age do you ever remember them sleeping in that late?

So it makes me wonder something. Was that just extra time needed for the Dowaliby's to clean things up and have an airtight alibi? That's just an unusual time for a kid to sleep in until.

I didn't know about the evidence until yesterday too.

When I was a kid, sometimes I would sleep in until 10. Where did you read that she was going to wake up the kids at that time? I'm reading that she discovered she was missing at that time. I'm assuming the kids usually got up and entertained themselves while the parents slept in a bit.

[dks64]

Found another article, this one from 1990.

http://articles.chicagotribune.com/1990-04-19/news/9002010618_1_decomposed-hair-rope

"Under questioning by the Dowalibys` lawyer, Jennie Hahn, a forensic scientist for the Illinois State Police, disclosed that one of three hairs found on the nearly 26-foot-long rope came from a black or possibly a dark-skinned Puerto Rican."

[Clockworkhigh]

I didn't know about the evidence until yesterday too.

When I was a kid, sometimes I would sleep in until 10. Where did you read that she was going to wake up the kids at that time? I'm reading that she discovered she was missing at that time. I'm assuming the kids usually got up and entertained themselves while the parents slept in a bit.

It said in the article that she was talking to her sister at 9:40 or so and was going to get off the phone to wake up the kids.

[TheCars1986]

It said in the article that she was talking to her sister at 9:40 or so and was going to get off the phone to wake up the kids.

Yes that was a hole in her story. She initially told police that she discovered Jacyln missing before 9:30 a.m., but her sister said that while she was talking to Cynthia that day she told her (at 9:40 a.m.) that she had to get off the phone because she was going to go wake up the kids.

[Clockworkhigh]

Yes that was a hole in her story. She initially told police that she discovered Jacyln missing before 9:30 a.m., but her sister said that while she was talking to Cynthia that day she told her (at 9:40 a.m.) that she had to get off the phone because she was going to go wake up the kids.

Personally I question the Dowaliby's involvement but I'm not so sure I'd hold that against here. Anyone at anytime can get times mixed up especially when its a 10-20 minute difference

[dks64]

Personally I question the Dowaliby's involvement but I'm not so sure I'd hold that against here. Anyone at anytime can get times mixed up especially when its a 10-20 minute difference

That's what I'm thinking too. Plus, when your life was just turned upside down, mistaking the time is very understandable.

[TheCars1986]

Personally I question the Dowaliby's involvement but I'm not so sure I'd hold that against here. Anyone at anytime can get times mixed up especially when its a 10-20 minute difference

Yeah but IIRC, wasn't David allegedly up and looking for Jaclyn well before Cynthia even was awake? I seem to remember the segment saying David was up well before anyone else when he noticed she was missing. So that would be a big hole in her story if she woke up, and was talking to her sister, she would have known (since David was already up and noticed she was missing or something was amiss because the door was ajar). I may not be remembering the details exactly so correct me if I'm wrong.

[dks64]

Yeah but IIRC, wasn't David allegedly up and looking for Jaclyn well before Cynthia even was awake? I seem to remember the segment saying David was up well before anyone else when he noticed she was missing. So that would be a big hole in her story if she woke up, and was talking to her sister, she would have known (since David was already up and noticed she was missing or something was amiss because the door was ajar). I may not be remembering the details exactly so correct me if I'm wrong.

I thought I read that he did, but it wasn't said on the UM segment. Time frame:

7:15 - David noticed door was open. Thought his Mother left it open when she left since her car wasn't there.

2 hours later, Cynthia went to wake up Jaclyn. Both assumed she was in the neighborhood playing. David searched the house and went around to the neighbors. That's when panic set in.


What's sad is people had the same attitude as you, that there was issues with their stories.. but they were panicked. They're not going to remember every detail of the case. They weren't even big holes. Police went into it assuming they were the suspects and didn't look elsewhere. What about the hairs on the rope that were from a black or dark hispanic man?

[dks64]

If you search for "AMERICAN JUSTICE - A Parent`s Nightmare P1" on the "forbidden site," it gives more details of the case. The AJ episode is very good, it's a 45 minute episode, not a short segment like on UM.

[Clockworkhigh]

I thought I read that he did, but it wasn't said on the UM segment. Time frame:

7:15 - David noticed door was open. Thought his Mother left it open when she left since her car wasn't there.

2 hours later, Cynthia went to wake up Jaclyn. Both assumed she was in the neighborhood playing. David searched the house and went around to the neighbors. That's when panic set in.


What's sad is people had the same attitude as you, that there was issues with their stories.. but they were panicked. They're not going to remember every detail of the case. They weren't even big holes. Police went into it assuming they were the suspects and didn't look elsewhere. What about the hairs on the rope that were from a black or dark hispanic man?


The hairs on the rope? Well, that's why they call it Unsolved Mysteries. There are always things that can sway you. There could have been several ways that hair gets on a rope that was apparently used often enough by the children. If the best beacon of hope for David and Cynthia was a piece of hair I am afraid they need more. Because let's face it, they have some big question marks going against them

[dks64]

The hairs on the rope? Well, that's why they call it Unsolved Mysteries. There are always things that can sway you. There could have been several ways that hair gets on a rope that was apparently used often enough by the children. If the best beacon of hope for David and Cynthia was a piece of hair I am afraid they need more. Because let's face it, they have some big question marks going against them

I didn't realize that part was on UM, I got it from a news site (link I provided). And the opposite is true... innocent until proven guilty, not guilty until proven innocent. They didn't have enough evidence to prove either parent was involved, hence why both are free. Do I believe they were involved? No.

What questions marks?

[TheCars1986]

What's sad is people had the same attitude as you, that there was issues with their stories.. but they were panicked. They're not going to remember every detail of the case. They weren't even big holes. Police went into it assuming they were the suspects and didn't look elsewhere. What about the hairs on the rope that were from a black or dark hispanic man?

Woah, I don't have any attitude in this case. I think both of the Dowaliby's are innocent. I just think UM liked to paint their "final appellants" in the best light possible (like Jeffrey MacDonald and John Branion) and didn't go into specific details about what evidence was used against them. Just like the hairs being found in a car that were "similar to Jaclyn's". Even though it's circumstantial, that's still evidence against them. I simply said, "No wonder David was convicted of the crime" meaning that the circumstantial evidence (at the time) was enough to sway people. It's very damning evidence on the surface (murder weapon possibly linked to the house, and hairs found in the trunk, some holes in both of their stories) and I think the jury simply rushed to a judgement because they figured well if their are holes in their stories, they must be lying. I don't think David or Cynthia were responsible for Jaclyn's death, but I do see now (moreso than what was portrayed on UM) as to why David was convicted initially.

[dks64]

Woah, I don't have any attitude in this case. I think both of the Dowaliby's are innocent. I just think UM liked to paint their "final appellants" in the best light possible (like Jeffrey MacDonald and John Branion) and didn't go into specific details about what evidence was used against them. Just like the hairs being found in a car that were "similar to Jaclyn's". Even though it's circumstantial, that's still evidence against them. I simply said, "No wonder David was convicted of the crime" meaning that the circumstantial evidence (at the time) was enough to sway people. It's very damning evidence on the surface (murder weapon possibly linked to the house, and hairs found in the trunk, some holes in both of their stories) and I think the jury simply rushed to a judgement because they figured well if their are holes in their stories, they must be lying. I don't think David or Cynthia were responsible for Jaclyn's death, but I do see now (moreso than what was portrayed on UM) as to why David was convicted initially.

I didn't mean attitude in that way, I meant had the attitude (or belief) that they were guilty from the start. Glad you don't. The fact that he was convicted mainly because of the hole in the wall, which wasn't even evidence in the case since it wasn't even related to David, is sickening. The jury dropped the ball big time. I bet the jury was so emotionally traumatized by the pictures of Jaclyn deceased that they wanted someone to pay... even if it was the wrong person.

[Clockworkhigh]

I didn't realize that part was on UM, I got it from a news site (link I provided). And the opposite is true... innocent until proven guilty, not guilty until proven innocent. They didn't have enough evidence to prove either parent was involved, hence why both are free. Do I believe they were involved? No.

What questions marks?

What question marks? There are enough, and its been discussed greatly in this thread. But stuff like the overwhelming circumstantial evidence against them. The grandmother conveniently gone, the window broken, the fact that a perpetrator had to basically do the perfect crime with no blood, no trace of anything left behind. Jacklyn doesn't make a sound when she's picked up. No one hears a smashed window. No one (out of three) hear footsteps in the house. The killer apparently walked right out the front door with her in his arms. No one hears a thing. No one sees a thing.

I don't know, I don't have a crystal ball, but I cast a lot of doubt on David. He had the best opportunity out of anyone else to commit this crime uncontested. Alright its happened before where a girl gets taken right out of her bedroom (Elizabeth Smart) but the route this killer took was so unusual. Through the basement and then out the front door.

Ballsy.

[dks64]

Like you said, it's happened before. More than once. It's not completely an unrealistic scenario. Since the door was open, it's possible the kidnapper was initially going to try the window, then decided it wouldn't work. He might have then tried other ways to get in, including the front door. Maybe the Grandma didn't lock it and that was his way in. Didn't another kid almost get kidnapped near Jaclyn's house around the same time she was murdered?

[TheCars1986]

I think another big factor in swaying the jury to convict David was because the intruder coincidentally picked the same night the grandmother was staying elsewhere, and he just so happened to enter the house using her room! Those are some pretty rare odds. But if the man was known to the family somehow (or even a relative) I can see how he would know this information or could have possibly learned it secondhand.

[dks64]

I think another big factor in swaying the jury to convict David was because the intruder coincidentally picked the same night the grandmother was staying elsewhere, and he just so happened to enter the house using her room! Those are some pretty rare odds. But if the man was known to the family somehow (or even a relative) I can see how he would know this information or could have possibly learned it secondhand.

Like the crazy uncle, who knew the floorplan to the house he was "never in." Or maybe the guy was watching the house and knew the Grandma was gone. It could have just been luck that he got the window that was her room. Was her room in the basement?

[TheCars1986]

Was her room in the basement?

Yes it was.

[TheMongolian]

I think another big factor in swaying the jury to convict David was because the intruder coincidentally picked the same night the grandmother was staying elsewhere, and he just so happened to enter the house using her room! Those are some pretty rare odds. But if the man was known to the family somehow (or even a relative) I can see how he would know this information or could have possibly learned it secondhand.

Depending on how strong the person was, breaking that window open would have been much quicker than trying to pick open the front door.

If it was just a random person (i.e. not the Douwalibys) once they saw there was no in that room that would make for an easy point of entry.

[Clockworkhigh]

Depending on how strong the person was, breaking that window open would have been much quicker than trying to pick open the front door.

If it was just a random person (i.e. not the Douwalibys) once they saw there was no in that room that would make for an easy point of entry.

Yeah but how do you know that in the dead of night? There could have been a curtain on the window. Or even if there wasn't, how can you look into a dark room at night and gamble on the chance that someone isn't in there? That's guts. And sort of unlikely

[XCalibur]

Am I crazy or wasn't their an update on this case? I thought Jacquelinne's uncle was a strong suspect? Did they clear him or something?

[TheMongolian]

Yeah but how do you know that in the dead of night? There could have been a curtain on the window. Or even if there wasn't, how can you look into a dark room at night and gamble on the chance that someone isn't in there? That's guts. And sort of unlikely

I had originally written in response to what TheCars wrote about it being a coincidence that the intruder broke in the night the grandmother was out and went in through her room. I don't believe it was a coincidence, whomever the intruder was could have easily either a) heard somehow that the grandmother wasn't going to be there or b) had been casing the place for some time and had noticed that night that her lights had never turned on, usually indicating no one is there. If the UM reenactment is accurate in the layout of the house an intruder would have had more cover on the side of the house where the window was than at the front door trying to not be seen, so I don't think it's coincidental at all that it happened like that.

Whether or not that's what really happened, I just think that the window is a better and faster way into the house than fumbling around with door locks, but should have explained myself better. I should have known better than to try and post when I'm trying to leave for work. :)

[dks64]

Yes it was.

I've never lived in a house with a basement, but aren't most rooms in the main level even when there is a basement? So it's likely the kidnapped just got lucky with Grandma not being there because he probably thought that by going through the basement, he wasn't ending up in a bedroom. He probably thought he was just going into an empty basement.

[WishfulDreamer]

Just watched this segment again.
I already mentioned I thought the detective who got suspicious just because the stepfather and brother let the others sleep was silly in another thread.

Also, I can't stand the lead detective. "Someone in that house was responsible." Really? You have NO evidence. Nothing from forensics, just hunches. To think that David was going to have to spend 45 years without any evidence whatsoever in jail makes me sick. I think the appeals court is the only legal spectrum that had any sense in this case.

I'm not saying that they have to be innocent, but convicting because of mere suspicion and practically no evidence is preposterous. I think if they'd actually gone hunting for other leads this case could have been solved by now.

The uncle could very well have done it; he could have known that the grandmother was out and would have known that she went out at night. Then he scoped through the window to make sure she was. Then he would have known where the child's room was and could have coaxed her or muffled her noise by taking her quietly through the front door. He perhaps left the door open because shutting it would have made too much noise.

dks64, my parent's house has a basement and all the rooms (but one) are on the main level of the house. There's just a tiny room and a bathroom and a larger area within. So they could be used as bedrooms but it's not as common.

[WishfulDreamer]

The thing is, that really isn't solid evidence against them, it's all circumstantial evidence. They didn't really link the rope to the house conclusively, a neighbor said he saw her brother playing with a similar rope, doesn't mean it's "the" rope. The neighbor could have easily been mistaken too. About the hairs in the trunk, they never confirmed that they were Jaclyn's hairs. My car, including my trunk, is full of my hair because I ride in it frequently. I've put my coats in the trunk that had my hair strains on them. I've seen my hair in my trunk. Again, we don't even know if it was Jaclyn's.

The only reason David was convicted was the hole in the wall that the previous owners of the house made. That's the problem.

I wonder if they'll ever reexamine the evidence with modern technology.

Agreed. Anyone can have rope in their house, doesn't mean it was the same. And as a female, I shed a lot and have seen my hair in random weird places, too. It could have been the mother's hair or her hair. Perhaps an item put in the trunk had that hair on it or she played in it. Or she put something in the trunk for her stepfather and her hair ended up in there.

I know it sounds weird to a lot of people, but long hair can wind up in the funniest places!

[TheCars1986]

It was pretty stupid to use the hole in the door as "evidence" against David. I guess they were trying to paint him as someone with a temper. But just because someone has a temper does not make them a murderer. Not to mention the Dowaliby's didn't even live there when the hole was made in the first place.

[Necco]

First point: I'm always amazed when people say "How would an outsider know it was a little girl's room?" Well, any number of ways: curtains, toys on the window sill, suncatchers, surveillance during the day when the curtains were open, etc

Second point: I'm not sure I know a single guy who hasn't, at some point in his life, punched a door or a wall. Usually, it's a teenage thing, but if David grew up in the house, it could have been from then.

[dks64]

I know it sounds weird to a lot of people, but long hair can wind up in the funniest places!

So very true. I don't even have to come into contact with something for it to get hair on it. I shed like a dog :p

[Ipreferfantasy]

Lets not forget that the ball was already rolling on indictments for both of the Dowalibys before the forensics on the window came back. This is a case of neglect on behalf of the police department.

[saywhat]

I'm a bit surprised at the number of people who think that it was a "convenient" coincidence that the Grandma was away that night. Why? Isn't it a lot more common that there is no bedroom in a basement? I would think that a criminal would be more surprised to find someone sleeping in a basement than to not find someone sleeping there. Maybe the person simply looked throught the window and saw that the room was empty? Or perhaps the person had been casing the place and knew that the Grandma had left and had not returned?

Anyway, for many of the reasons that have been discussed here, I do not think that the parents had anything to do with this crime.

[TheCars1986]

I've never lived in a house with a basement, but aren't most rooms in the main level even when there is a basement? So it's likely the kidnapped just got lucky with Grandma not being there because he probably thought that by going through the basement, he wasn't ending up in a bedroom. He probably thought he was just going into an empty basement.

This is an excellent point that I didn't even think of before. If this is true, then it wouldn't have to have been somoene known to the Duwallaby's. It could have been just some random sicko who was awfully lucky to enter through the basement bedroom when the Grandmother was away.

[crochetbuff]

When subdivisions are built a lot of the floor plans are the same. They have say 3 or 4 floorplans and just build them over and over again. So someone could have grown up around there and been familiar with the layout of the house in general.

Basically the entire Duwalliby house was cleaned and some re-painting was even done by family and friends quickly after Jaclyn disappeared. The police botched it and didn't collect a lot of evidence (if there even was any), and the family and friends just thought they were helping out the family and were not savvy to law enforcement evidence gathering (and basically given the year, niether were the police).

[Clockworkhigh]

I'm a bit surprised at the number of people who think that it was a "convenient" coincidence that the Grandma was away that night. Why? Isn't it a lot more common that there is no bedroom in a basement? I would think that a criminal would be more surprised to find someone sleeping in a basement than to not find someone sleeping there. Maybe the person simply looked throught the window and saw that the room was empty? Or perhaps the person had been casing the place and knew that the Grandma had left and had not returned?

Anyway, for many of the reasons that have been discussed here, I do not think that the parents had anything to do with this crime.

I certainly never rule out the idea of there being someone knowing something that lives in that house. Look at that window for example. We see David climb in it on the raw footage. That is an awfully lot of work for a "random" person to just go in there and taking a chance that no one is down in the basement. To do all that work you'd have to be familiar with the layout, you would just have to be. I am not saying a killer couldn't be aware that the Grandma was gone away that night, but so many things had to have gone perfect for this abductor.

For starters he climbs into a tight window (we assume). He goes upstairs and doesn't make a noise in a house where 4 people are sleeping. He goes into a little girl's room and without a struggle or any crying he abducts her quietly. He then boldly goes out the front door with her and then leaves the door open for some reason. No fingerprints, nothing. Jackie's mother then doesn't know her daughter is missing until almost 10 in the morning. Strange, just very, very strange is all I have to say.