McHenry Co. businessman's attempted murder conviction upheld

A state appeals court this week upheld the attempted murder conviction of a once prominent McHenry County businessman imprisoned for trying to kill his wife in a brutal 2004 assault on the couple's Bull Valley estate. The decision by the Second District Appellate Court of Illinois keeps Billy J. Cox, 69, behind bars where he is serving a 20-year sentence for the attack that nearly killed his longtime wife.

The ruling was welcome news to McHenry County State's Attorney Louis Bianchi, whose office won conviction of Cox after a hard-fought three-week trial in 2007.

"I believe the facts of the case were very supportive of the jury's decision," Bianchi said. "(The appellate decision) is good news for the community, and it's particularly good news for Mrs. Cox."

Both Bianchi and Cox attorney Mark Gummerson were awaiting a copy of the court's written ruling, reportedly more than 100 pages long, Tuesday and could not comment on the specifics of the decision.

"Based upon how firmly I believe there was error at trial, I expect that we will ask the (Illinois) Supreme court to review the appellate court decision," Gummerson said.

Cox's now former wife, Carolyn Cox Mahoney, called the appellate ruling "a tremendous relief," and described how she had been going online almost daily in search of news on the decision.

"I'm very glad the justices saw through everything and made the right decision," she said. "For me, it would have been so hard to have to go through another trial after everything I've been through already. This gives me some assurances that that's probably never going to happen."

Billy Cox, the founder and former president of Richmond-based Exacto Inc., was found guilty of attempted murder for a September 2004 attack that nearly killed his wife of 43 years. Authorities said Cox repeatedly beat his wife with a batlike object and then locked her in a garage alongside two running vehicles hoping she would die from carbon monoxide poisoning. She survived only because a Bull Valley police officer performing a well-being check on the couple found her clinging to life inside the garage.

Billy Cox steadfastly denied the charges throughout his trial and his sentencing hearing. His appeal, heard by the appellate court earlier this year, claimed numerous errors by the judge who presided over his trial, including the court's decision to bar an expert who would testify about false memories.