A picture of Brittany Martinez has been taped to the front door of her family’s Elgin apartment since her funeral in May, a constant reminder to visitors that this is the home of an 11-year-old child who was slain and dumped into a McHenry County river.
Over those seven months, Brittany’s parents, Wendi and Scott Howlett, have had no answers about what happened–no information about who might have committed the brutal crime or why.
But on Thursday, police and prosecutors, bolstered by an indictment from a McHenry County grand jury, stepped forward and accused the man they have suspected all along: Brittany’s uncle, Edward A. Milka Jr., 21, of Elgin.
Milka, the last known person to have seen Brittany alive, was indicted on charges of murder, predatory criminal sexual assault of a child and aggravated kidnapping. He is being held on a $5 million bond in the McHenry County Jail in Woodstock.
The McHenry County coroner’s office disclosed for the first time Thursday that Brittany died of asphyxiation, though Coroner Marlene Lantz declined to provide more details about how or where authorities suspect the death occurred.
In a news conference attended by McHenry County Sheriff Keith Nygren, State’s Atty. Gary Pack and Elgin Police Chief Charles Gruber, authorities also confirmed for the first time that Brittany was sexually assaulted.
Milka was arrested at his home Thursday afternoon, the culmination of a seven-month investigation by as many as 30 investigators from five agencies, including the FBI.
“This has been a very deliberate, very slow and very painstaking investigation, and that’s the way it had to be,” Nygren said. “Certainly, law enforcement’s heart goes out to the family. Not only have they lost a child, but now a member of the family has been charged.”
Pack described it as a “circumstantial case,” based on physical evidence and statements that Milka has made to authorities.
Nygren and Pack refused to comment on specific evidence but said “numerous” pieces of physical evidence from the crime scene had been analyzed by the FBI crime lab in Washington. Samples were also taken from Milka’s parents’ car, which he drove the day Brittany disappeared.
According to Nygren, “items of physical evidence were linked from the victim to the vehicle and Edward Milka Jr.” He also said “statements obtained from Edward Milka Jr. and other parties during the course of the investigation again linked Edward Milka Jr. to the victim.”
From the beginning, police have focused on Milka, a janitor whose own lawyer has described him as “mentally challenged.” Milka told police that he talked to his niece in front of her apartment building at about 6 p.m. May 8.
“When you’re the last person to see the victim alive, you immediately become a suspect,” said Elgin’s Gruber, who noted that his city has been shaken by the girl’s death.
Still, Brittany’s family steadfastly supported Milka after police began to focus on him as a suspect. And before learning of Milka’s arrest Thursday, relatives said they would be shocked if he was charged.
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“If they have hard, cold facts that this guy did it, we’ve all been wrong about this guy for the last year,” said Scott Howlett.
Later, upon hearing news of the arrest, Howlett said the family wanted to think about what had happened.
“We need to figure out what we’re going to do,” he said wearily. “It’s hard to accept. It’s a shock.”
“We’re just trying to sink it all in,” added Wendi Howlett, Milka’s sister.
After Brittany vanished, dozens of Elgin residents mobilized to conduct an exhaustive search for the girl, a 5th grader at Elgin’s Illinois Park Elementary School. Despite foot patrols, search dogs and a helicopter, her body wasn’t discovered until May 17, when two canoeists saw something on a sand bar in the Kishwaukee River in rural McHenry County.
Even then, the body was so decomposed that the family had to wait days until authorities identified it as Brittany’s through dental records.
Throughout the investigation, authorities have been tight-lipped, but police impounded the car Milka drove to collect fibers and other evidence. When they took the vehicle, it was covered with mud and pieces of plants, as if it had been driven through a muddy field, according to court papers that accompanied the warrant to search the car.
In May, Milka refused to give blood and hair samples voluntarily. But police obtained a court order, temporarily took him into custody and forced him to comply. The tests taken included bite impressions from Milka and blood, hair and fiber samples from Milka and Brittany.
“All I can say is I’m happy an arrest was made and that a person has been charged,” said Jewel Howlett, Brittany’s step-grandmother, who lives about five blocks from the family’s apartment. On Thursday, she was baby-sitting her step-grandson, Brittany’s 5-year-old brother, trying to shield him from the news.
“It came as a shock, (but) it’s a relief to a certain degree. All we did was put our faith and trust in Elgin and McHenry (County officials). They did a fantastic job.”
Milka’s lawyer, Stephen M. Komie, said an FBI agent, an Elgin police officer and a McHenry County sheriff’s deputy arrived at Milka’s house Thursday afternoon and found him watching television in the family room.
According to Komie, Milka was immediately handcuffed and taken out of the house without a jacket or shoes.
“There is no reason a little sensitivity couldn’t have been shown,” Komie said. “We could have brought him in. Eddie wasn’t going anywhere.”
Nygren said the arrest was made now because of the cumulative weight of the evidence.
“We have been getting test results weekly since the case commenced,” he said.
Komie said he had no information about what evidence prosecutors might have against Milka.
“I think they’ve decided they’re going to run with a circumstantial case,” he said.
Over the last seven months, Komie said, Milka has had little to do but watch television.
“No one will employ him before they get to the bottom of this,” Komie said.