Delaware County Daily Times - Nov 16, 1999 Article #1

Rivera wants his bail reduced

Delaware County Daily Times (Primos - Upper Darby, PA) - Tuesday, November 16, 1999

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE Robert Rivera , who is facing kidnapping charges involving the disappearance of his 20-month-old daughter Katelyn , is seeking a new lawyer and wants his bail reduced.

He told the court during a brief pre-trial hearing yesterday that he didn't want to talk to his attorney but, he might be willing to talk to authorities "to tell his story.''

Among his motions is one seeking to have Assistant Public Defender Robert D'Agostino dismissed because of "irreconcilable personality conflicts and an irreconcilable conflict and difference of opinion on the manner in which the case should be litigated."

The motions were obviously written by a jailhouse lawyer since Rivera said he reads on a "third-grade level" and can't write. D'Agostino told the court he did not prepare the motions.

Judge Wright has tentatively scheduled a hearing on that issue for Friday.

D'Agostino said he has advised Rivera not to talk. But so far that hasn't dissuaded him. Rivera asked the court if he needed a lawyer to talk to officials.

Wright advised him that was a good idea considering the defendant's lack of formal education.

Rivera has talked. He first said that his daughter was given to strangers he met at Longwood Gardens. Later in an exclusive interview with the Daily Times he said that "only me and God know where Katelyn is."

That could be construed to mean she isn't with anybody else.

Rivera , while in court yesterday said that his words have been "twisted."

That's why he wants to give another version to police.

Rivera also has his supporters. Both Michele Lupi, who was with him at points during the day the child disappeared. She said yesterday that she is now his "ex-girlfriend."

But she still believes he would not hurt Katelyn , whose single sneaker and sock has been found on a Delaware highway. Also Jacqueline Morris, an independent child advocate, who has befriended him was also in court yesterday for the brief hearing. "

I don't believe that he did hurt her," said Lupi. "He's such a puppy dog to me," she said.

Morris, a paraplegic, who visits him frequently, said she's on " Katelyn 's side."

"I see him three days a week. I'm not on anybody's side. I just want to hold her ( Katelyn ) in my arms and see her smile.""

I personally don't believe he could hurt her. He doesn't trust anybody. That's why he won't tell anybody where she is. Hes wrong for taking her the way he did. But I believe that what he did was done as a father to protect his child."

Morris said that when she talks to Rivera he has a habit of "holding her hands. I can feel harm. I feel no sense of that. I don't believe he could harm his child," she said.

Deputy District Attorney John Reilly Jr. said that Rivera is a "charming and manipulative person.""

I'm saying this as a father and not as prosecutor, if there were someone who had information that Katelyn Helton was alive common sense demands, moral fair play dictates, that they would come forward and tell us something. Thanksgiving is around the corner, Christmas is not far after that. What type of person would withhold information about the whereabouts of a child?"

Reilly said that if Rivera desires to speak with authorities, they would be willing to hear him out. "The official position of our office is that we firmly believe we have a viable kidnapping and burglary prosecution. All the evidence that is available to us since Katelyn was abducted by Mr. Rivera suggests that. We have an obligation to proceed and that precisely is what we intend to do on Jan. 10.''

Reilly also said he will oppose any motion to have Rivera 's $100,000 bail lowered.

The prosecutor declined to state anything about the possibility of homicide charges being levied against Rivera in the child's disappearance. He said authorities are following up every lead and the investigation is proceeding.

The kidnapping trial for Rivera is set for Jan. 10 and if convicted on that charge alone, he faces a maximum of 20 years in jail, according to the prosecutor.