Delaware County Daily Times - Nov 24, 1999 Article

Rivera granted new attorney

Delaware County Daily Times (Primos - Upper Darby, PA) - Wednesday, November 24, 1999

Author: KATHLEEN E. CAREY ; Of the Times Staff

MEDIA Robert Rivera got what he wanted yesterday: a new lawyer.

The accused kidnapper asked the court to assign him a new attorney yesterday, 105 days after the disappearance of his almost 2-year-old daughter, Katelyn . He was the last known person with her.

Standing before county Judge Robert C. Wright in dark green prison garb and black sneakers, Rivera clenched a white tissue in his left hand as he unveiled a tangled tale of his relationship with public defender Robert D'Agostino."

He curses at me. I curse at him," Rivera told Wright. "He makes comments because I can't read.""

Wait a minute," the judge said. "What?""

I don't trust him one bit," Rivera said. "This case is too high profile for him to handle."

Wright turned to D'Agostino to inquire about their affiliation. Rivera interrupted the exchange by turning to the attorney and blurting, "You lied. You lied."

D'Agostino cited the attorney/client privilege in saying he couldn't talk about it.

Wright turned to the accused. "Mr. Rivera , you lack confidence in your attorney?""

Yes, 100 percent," he answered.

The judge returned to the counselor. "

Mr. D'Agostino," he said, "I can appreciate your position. I am getting a feel here that the relationship between you and the defendant is probably gone beyond repair."

Wright then told Rivera he's surprised by this request. The judge said Rivera asked for a new attorney at the last hearing but then changed his mind at the end of it, saying he'd stick with D'Agostino.

Yesterday, he wanted a new one.

This flip-flopping has happened before with Rivera .

In September's preliminary hearing, Rivera claimed Katelyn 's mother, Jennifer Helton, knew where the baby was. He then wrote to the Daily Times saying he was the only one who knew where the little girl was.

In jailhouse interview last month, Rivera told staff reporter Rose Quinn "only me and God" know Katelyn 's whereabouts. He says she is alive.

During yesterday's proceedings, Deputy District Attorney John Reilly Jr. said he's ready to go to trial.

"( Rivera ) is not entitled to a counselor of his own choice," Reilly said. "There is no record of what the potential conflict is."

To which, Rivera burst, "Do you want to know the main reason?"

Judge Wright called a recess. When he returned, D'Agostino was given a chance to speak.

"I deny the allegations, the accusations Mr. Rivera has put forth today," he said, adding Rivera rejected the idea of bail reduction."

All of a sudden, Mr. Rivera refuses to see me," D'Agostino said. "He has refused to see me at least two times. He has refused to talk to me. He is out talking to everybody else against my advice."

When it was Rivera 's turn to respond, he exploded as his voice quivered.

"He tells me if they don't find a body, you're OK," he hollered. "My daughter's not dead."

I love her, I miss her," his voice cracked. "I cry to you."

Judge Wright said he'd find a new attorney quickly for the defendant.

D'Agostino denied Rivera 's statements after the hearing. "I never said anything he said I said," the attorney stated.

Rivera said twice he's the only one who knows where Katelyn is. Her second birthday is Dec. 12.

She has yet to been found.