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In September of 1988, 7-year-old Jaclyn Dowaliby vanished from her home in Midlothian, Illinois, in the middle of the night. Over three decades later, suspicions are still polarizing.
Midlothian, Illinois, is a small town where everyone knows one another. Its located approximately 30 minutes south of the bustling Chicago streets and is a peaceful suburban area that endeavors to maintain a home town feel. In 1988, the town changed forever; their idyll of a safe neighborhood was shattered when seven-year-old Jaclyn Dowaliby vanished from her bedroom in the middle of the night.
Jaclyn lived in 3636 148th W Place with her parents, David and Cynthia, and her four-year-old brother, Davey. Jaclyn's biological father, Jimmy Guess, was not in her life, having bitterly divorced Cynthia shortly after their daughter was born. David Dowaliby adopted Jaclyn after he married Cynthia when Jaclyn was two and half years old, he was the only father she knew.
The family lived in the perfect location, surrounded by several nature preserves, all within short walking distance. Jaclyn was known to be a “happy little girl” who never showed any signs of sadness or anger, recalled a neighbor whose own daughter was good friends with Jaclyn. By all accounts, the Dowalibys were your average suburban family.
On the evening of 10 September, 1988, Cynthia took Jaclyn and Davey to a nearby Kentucky Fried Chicken for dinner while David met up with some of his buddies for an evening of bowling. When they came home, they watched television before Jaclyn pulled on her purple and white pajamas and kissed Cynthia and David goodnight before climbing into bed with a Christmas catalog. What exactly transpired in that house that night remains unclear but by the next morning, the brown-haired and brown-eyed little girl was gone....
David woke up that morning to find that the front door was slightly ajar, initially he presumed his mother had left it open, but some time later they discovered Jaclyn was not in her bed. As they searched around the house and neighborhood, they noticed that a basement window had been broken and pushed open. After reporting Jaclyn missing, the Dowaliby family told investigators that none of them had heard anything out of the ordinary during the night, and that they all slept soundly. Investigators needed to establish as to whether somebody had broken into the house during the night and taken Jaclyn or if she had she wandered from the house and then been taken by somebody. Nothing in the house was missing other than Jaclyn’s blanket which matched her purple and white pajamas and there appeared to be no sign of a struggle.
While no ransom calls or notes had been received by the family, the FBI quickly got involved under the presumption that they were dealing with a kidnapping as opposed to a runaway. As news of the potential kidnapping circulated throughout the neighborhood, the possibility that somebody had snuck into a family’s home and kidnapped their young daughter in the dead of the night as everybody slept was a terrifying notion. If you’re not safe in your own home, then where are you safe?
With no sign of a struggle, investigators began to question whether Jaclyn had willingly gone with somebody that she knew. If the kidnapper had entered through the broken basement window, then they would have had to have known the layout of the house to get into Jaclyn’s bedroom without disturbing any of the other occupants, investigators concluded.
“We're keeping an open mind on whether it was an actual kidnapping or an abduction involving relatives,” said Midlothian police Captain John Bittin.
Cynthia thought back to a traumatizing event that had taken place a few years previously. After a bitter custody battle in which her ex-partner, Jimmy, had unsuccessfully attempted to win custody of Jaclyn, he broke into their home and tried to kidnap her. Cynthia immediately suspected that he had something to do with the disappearance – she certainly knew that he was capable. However, unbeknownst to her, Jimmy was in prison in Florida at the time of the disappearance and had been for the previous four months. He was quickly eliminated as a suspect.
Cynthia and David were questioned a number of times over the following days, and subjected to polygraph examinations. While this is not uncommon in missing child cases, the investigation was narrowed down very quickly after one of the forensic examiners said that he believed the basement window had been broken from the inside.
On the evening of the 14th of September, 1988, Michael Chatman was rolling into a parking space in the parking lot of the Islander Apartments at 1912 Canal Street, Blue Island, where he was a resident. Blue island was a small city around three miles from where Jaclyn lived with her family. Located at the back of this parking lot was a small wooded area looking over Calumet River. As Chatman was exiting his car, he immediately noticed a putrid smell radiating in the cold autumn air. As he glanced over towards where the source of where the smell appeared to be, he saw “something wrapped in a covering,” among the tall weeds. As he got closer, he “saw what was a head and an arm,” and ran inside to call the Blue Island Police. The heavily decomposed and maggot infested body was approximately twelve feet from the edge of the parking lot and 200 yards from the bank of the channel.
By the next morning, the body had been identified via dental records as Jaclyn Dowaliby. It was initially believed from the appearance of the body that she had been brutally bludgeoned over the head but the Cook County medical examiner, Dr. Robert Stein, reported that it had been caused by advanced decomposition; it was an unusually hot September. A six-foot length of rope had been wrapped tightly around Jaclyn's neck. The medical examiner could not determine with certainty whether Jaclyn had been sexually assaulted or not. The state of decomposition made that impossible. While an exact time of death could not be determined, Dr. Robert Stein estimated that she had been dead for a number of days and was most likely killed early Saturday morning, shortly after she disappeared.
Following the identification of the body, and the fact that they had been separated and questioned for hours before Jaclyn was found, both Cynthia and David hired attorneys who advised them to plead the fifth and not answer any more questions by investigators. They had already told investigators everything they knew. They had given blood and urine samples and had given permission to take whatever family medical records they may have required. They had additionally granted investigators access to their home for the entire five days that Jaclyn was missing.
The Fifth Amendment allows American citizens to decline to answer any questions that could potentially incriminate them and the Dowalibys were well in their rights to plead the Fifth. However, unable to come up with any other suspects, police focused their attention on Cynthia and David as lead suspects in their daughter’s murder and stated they found it suspicious they were now not speaking with investigators.
The day after Jaclyn’s funeral, a team of 21 officers stormed into the Dowaliby home with search warrants. They would leave the home with nine paper bags filled with items to be examined in the State Crime Laboratory as well as the blue Chevy Malibu that the family owned. Police released a statement in which they said that they believed that Jaclyn had been strangled manually and that the rope had been tied around her neck as a ruse to confuse police, however, Dr. Robert Stein, the medical examiner who conducted the autopsy, was quick to refute this claim, saying that he was certain that she had been strangled to death with the rope.
Shortly thereafter, police released a statement and said that the family had not yet been ruled out as suspects. Cynthia’s attorney, Lawrence Hyman, lambasted the police investigation as an “outrage.” While Cynthia and David were refraining from speaking in the media, they had a plethora of supporters. Neighbors stood by the family and let the media know that the Dowalibys were a loving and caring family and that they never once heard either parent raise their voice to Jaclyn or Davey. David’s boss, Ross Patterson, recalled that “the only time he took a day off was when he picked up the adoption papers for his daughter. He was a proud, happy person.”
Continuing on the lead that Cynthia and David could have been involved with Jaclyn’s murder, investigators returned to the area that her body had been found and distributed photographs of both Cynthia, David and their car among the residents of the apartment block, enquiring as to whether anybody had seen them in the area. Just a couple of days after investigators searched the Dowaliby home, they went public with their belief that Cynthia and David were involved in the murder.
On the 22nd of November, Cynthia and David were both arrested and charged with first-degree-murder. Their son, Davey, was placed in custody of the state Department of Children and Family Services. It was revealed that a resident of the Blue Island apartment complex where the body of Jaclyn was discarded told investigators that he had witnessed David in the Dowaliby’s blue Chevy in the parking lot of the apartment complex where Jaclyn’s body had been found... The witness, a transit worker named Everett Mann, said that at approximately 2:00AM on the 10th of September, he was pulling in to the parking lot and his headlights illuminated the blue Chevy and the driver, who he claimed was David Dowaliby.
It's widely known that eyewitness testimony is notoriously unreliable. The Innocence Project conducted a report that discovered that since the 1990s, when DNA testing was introduced, 73% of the 239 convictions that were overturned because of DNA were based on eyewitness testimony. There is a misconception that memory works like a videotape in the sense that we can store information and then play it back whenever we want. However, memory doesn’t work that way. Memories are reconstructed and fragments of memory can often be combined with information that somebody has seen on television or been provided by the police. What people think they may have seen can be a combination of what they saw, what they thought they saw, and what was provided to them, rendering eyewitness testimony imprecise. Nevertheless, going on the belief that a resident saw David in the vicinity of the crime scene was enough for him and his wife to be charged with first-degree murder.
Blue Island Police Chief Paul Greves referred to this eyewitness testimony as “excellent evidence” that made them “able to eliminate all the other leads.” They never elaborated what these other leads were but relying exclusively on one eyewitness to eliminate other leads seems like pretty shoddy police work, particularly when Cynthia was not linked to the crime scene. They were both denied bail the following morning and it was revealed that Cynthia was three months pregnant.
Taking a new approach in the search for evidence that could sway their case, police decided they would turn their attention to their five-year-old son, Davey, who was to be examined by a physician. Allegedly, this physician found welts said to be caused by a belt on Davey’s body – some were old and some were new, they claimed. Police suggested that Davey and Jaclyn were both being abused and hinted that this was the motivation for her murder. They also suggested that Davey had been sexually abused at home. Patrick Murphy, Davey’s Cook County public guardian, said that police and prosecutors incessantly questioned Davey for three to four days: “What they did to the kid I think was unconscionable,” he said. He also added, that after speaking to Davey and viewing his medical files, he was unsure as to how they came to this conclusion because he could find nothing to indicate physical or sexual abuse. He also added that Davey had been incessantly begging to see his parents and that he missed them wholly.
In mid-December, Cynthia and David were released on bond but Davey was not allowed to come home with his parents. He was removed from foster care and was placed in the custody of David’s sister, Rose, and her husband, John. Davey was granted permission to have supervised visits with his parents.
Almost a year to the day that Jaclyn was strangled to death, an eerily similar event took place in the same area. On 9 September, 1988, Perry Hernandez crept into a Blue Island home and abducted a 6-year-old girl as her family slept. He had broken a window and climbed in without waking anybody. He took her to a railroad bridge along the Calumet River, raped her and then allowed her to return home. This happened just one mile from where Jaclyn’s body was found. It would be revealed that Perry’s girlfriend lived just five blocks from the Dowalibys and that at the time of Jaclyn’s murder, she owned a Chevy Malibu and Perry stayed overnight at her apartment quite often...
In fact, just the night before Jaclyn disappeared, another Midlothian home was broken into. Erzsebet Sziky awoke in the middle of the night and interrupted an attempted burglary or abduction. She identified the man she saw in her home that night as Perry Hernandez and also expressed her belief that he had intended to kidnap her seven-year-old daughter who she discovered wrapped up tightly in three blankets, as if she had been bundled up to be carried away. While this certainly seems like more than a coincidence, Judge Richard Neville said that he did not regard this piece of evidence that could potentially link the crimes as “clear and convincing” and told the defense attorneys for Cynthia and David that it could not be entered at trial.
The murder trial for Cynthia and David began in April of 1990. On the prosecution team was Assistant State’s Attorney Pat O’Brien and George Velcich. On the defending team was David’s attorney, Ralph Mecyk, and Cynthia’s attorney, Lawrence Hyman. David’s defence attorney, Ralph Meczyk, fumbled several times throughout the trial and confused himself as well as the jury. He provided a lackluster opening statement filled with inconsistencies and contradictions.
While the prosecution and police had contended that they had a plethora of evidence pointing towards the Dowalibys guilt, it would be discovered at trial that this was not the case. They had claimed Ann Dowaliby, David’s mother, had identified the rope wrapped around Jaclyn’s neck as similar to the rope she had seen Davey playing with in the past. However, during trial, Ann contradicted this and said that the ropes were not similar. Police had shown her the rope while coiled up in an evidence bag and she hadn’t been made aware of how long it actually was.
Everett Mann, the so-called star witness, would reveal that he had only identified David by his “prominent nose.” He had been around 75 yards away from the man in the parking lot with the distinctive nose and it had been dark with very limited lighting. He also said that the man he saw that night was in a late 1970s dark blue Chevy Malibu but the Dowalibys owned a 1980 pale blue Chevy Malibu that differed significantly in appearance. On cross examination, Everett conceded that he wasn’t able to determine whether the person in the car was white or black or even male or female and that all he saw was a “silhouette” that “seemed like a man.” On a moonless Wednesday night, three weeks into the trial, the jury clambered into a bus where they were driven out to the same parking lot that Everett claims he saw David. They stood at the same vantage point under similar conditions from which Everett saw the car. The jury could see next to nothing. As a matter of fact, they couldn’t even see a dumpster which stood beside where Everett claims the car was positioned.
Several neighbors of the Dowalibys would contradict this eyewitness testimony. Holly Deck said that she saw the Dowaliby’s Chevy Malibu parked outside at around 2:10AM – the same time Everett claimed he saw it at the parking lot. This stuck out in Holly’s mind because the car had been parked at an odd angle. There had been a tupperware party the night before and several people saw Cynthia park at the odd angle, after squeezing in between two other vehicles. Holly also testified that earlier on in the night, from approximately 11PM until around midnight, her dogs kept pacing back and forth to the front and side doors, barking. She told the jury that her dogs would frequently bark at strangers, adding that they liked the Dowalibys, who lived next door. Another neighbor, Brian Anderson, also testified the same. He said that in the morning, he saw the Chevy Malibu parked at the odd angle, indicating it had not been used throughout the night.
The little girl who was abducted by Perry Hernandez was called to testify. She said that while under the bridge, he held out a string as if to threaten her with it. While the two cases were remarkably similar, it also proved that a young child could be abducted from their bedroom without anybody waking up. Police and the prosecution had always claimed that this was unbelievable but this case proved that it certainly could happen.
Forensic evidence would be presented which showed that the window had been smashed from the outside, not the inside, and there was no forensic evidence which could connect David or Cynthia to the murder of their daughter. It would be revealed that while the police and prosecution now claimed that they believed the shattered window was a ruse by Cynthia and David, during the initial report, they had referred to the shattered window as the “point of entry” five times in the report. Moreover, they now claimed that there was a layer of dust on the windowsill which allegedly proved nobody had entered through the window. However, this alleged dust was not photographed, collected or mentioned in the report at all. In fact, a revised report would be written 17 days after Jaclyn vanished and this was the first time dust was mentioned...
In an almost unheard-of motion, the judge announced that he was acquitting Cynthia because there was insufficient evidence she was involved in the murder. However, due to the eyewitness testimony, David’s case was sent to the jury. After 14 hours, they reached a verdict and found David guilty. He would be sentenced to 40 years in prison. After being handed the sentence, he said: “Your honor, Jaclyn was beautiful, she was charming, she was pure, she was giggly, she was bubbly, she was soft, she was innocent. She had a right to live. So who can kill an innocent little child? An animal, a monster, a degenerate, someone who has no morals… That’s not me, your honor.”
It would emerge that the jury were influenced by a number of photographs of the Dowaliby home, in some of the photos there is a fist mark in a bedroom door, the jury believed that this fist mark was created in a rage by David Dowaliby, this was never mentioned in the trial. After coming to that conclusion, the jury foreperson said that they believed it indicated that it was a house of great violence. The fist mark had actually been caused by Davids younger brother when he was a teenager, the house was owned by Davids mother and they did not have the money to replace the door.
Cynthia was determined to win back custody of Davey. Her attorney showed photos of Davey taken the day after his parents were arrested. It showed three miniscule marks – a scrape on his finger, a bruise on his foot and a small scratch on his back. According to the physician, these marks were evidence of abuse but the attorney argued these marks were regular marks consistent with little children. She also argued the physician had been “contaminated” by the police who led her to look for evidence of abuse when no evidence of abuse was there... By mid-July, Davey was allowed to go back home with his parents and his new baby sister, Carli Marie.
David and his defence refused to give in. Jenner & Block took over as David’s attorneys and worked on the case pro-bono. Robert Byman, one of the attorneys, said that there were a number of flaws in the evidence presented during trial. In October, they filed a petition seeking to have the murder conviction thrown out based on new evidence. Gerald Baumann, a Cook County Jail inmate, said that he had overheard Perry Hernandez confessing to the murder. However, after filing the petition, Gerald then refused “out of fear of personal safety” to sign the affidavit, claiming that since the announcement of this potential new evidence broke, he had received a number of threats.
In March of 1991, the abuse charges against were completely dropped. A number of psychologists and social workers testified that there was not a shred of evidence that Davey had ever been abused and that Cynthia was a warm and loving mother and she doted on Davey and he doted on her. Shortly thereafter, Robert Byman asked the Illinois Appellate Court to reverse David’s guilty verdict. He said that the evidence presented during trial failed to prove David was the killer and accused the judge of unfairly excluding information of the attempted abduction that took place just 24 hours before Jaclyn’s abduction. Additionally, he argued that the jury was prejudiced by the graphic crime scene photographs of Jaclyn as well as the shocking autopsy photographs that were entered as evidence. Assistant State’s Attorney David Cuomo agreed that “there isn’t one fact that stands out like a smoking gun” but stood by the eyewitness testimony, even though it had been discredited during the trial.
In another dramatic turn in what had become one of the most paradoxical and unusual murder sagas in Chicago’s modern-day history, David’s murder conviction was overturned on the 30th of October, 1991. The Appellate Court had ruled that the key witness testimony was vague and unreliable and that the prosecutors had failed to prove beyond a reasonable doubt that David was the only person who had the opportunity to murder Jaclyn. They also noted that all of the basement windows were unlocked that night and any one could have been a viable entry point – sadly, they all weren’t dusted for fingerprints.
After serving 18 months in jail, David was released a free man. However, the Dowaliby family would soon be rocked by another shocking revelation... It was revealed that Rob Warden and David Protess, who were writing a book on the case titled “Gone in the Night,” had discovered a new potential suspect. Timothy Guess was the 31-year-old brother of Jaclyn’s birth father. Timothy had been diagnosed with schizophrenia and lived at home with his mother. He originally claimed that on the night of the murder, he had been working at the Park Avenue Restaurant in Harvey. He had three restaurant employees to corroborate his alibi. However, two people now claimed that Timothy wasn’t at the restaurant that night...
Warden and Protess would interview Timothy who told them he often heard voices in his head and suffered from blackouts. He told them that a “spirit” would guide him and this spirit had given him the ability to describe the layout of the Dowaliby’s home despite the fact he had never been there. He could even describe how to get into Jaclyn’s bedroom. He described the blanket that Jaclyn’s body was found wrapped in and somehow knew that her bedroom light was turned off but the closet light was turned on the night she vanished. He was even able to describe the direction her body was facing when discovered...
Timothy was never fully investigated as a suspect even after this new information. He passed away in 2002. Protess said that he “felt it was solved, but I never thought anyone would be charged with the crime. It would be too embarrassing for the state to admit they wrongfully prosecuted Cynthia and David.”
Something terrible took place in that ranch-style home on 148th Street in Midlothian, Illinois, on the night of the 9th of September, 1988 but almost three decades later, the questions still linger. While Midlothian police claim that the case is still open, it is evident that there is no traction in the case. Pleading the fifth is well within the rights of American citizens but when Cynthia and David used this right, they were thrust into the firing line of fallible and mishandled investigation.
- State of Illinois V David Dowaliby and Cynthia Dowaliby Trial Transcript (personal collection - no link)
- Transcript of Dowaliby Oral Argument Illinois Appellate Court - Wednesday June 12 1991 Case 1-90-2029 the people V David Dowaliby (personal collection - no link)
- Interviews with David Protess, Rob Warden, Robert Byman, Catherine Gonsalez, Linda Petrine, Joseph Kosman (As heard in our podcast)
- People v. Dowaliby
- Chicago Tribune - "Dowaliby Case Haunts Real Father"
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- Chicago Tribune - "Media Not Only Covered Story, They Became Part of it"
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