Delaware County Daily Times - Feb 18, 2000 Article

Katelyn 's disappearance goes to Delco grand jury

Delaware County Daily Times (Primos - Upper Darby, PA) - Friday, February 18, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- The Delaware County District Attorney's office has brought the mystery behind the disappearance of Katelyn Rivera -Helton before an investigating grand jury --- and officials seem close to deciding whether her father will be charged with her murder.

Robert Rivera , who is now facing kidnapping offenses, is the focus of the investigation into the riddle of what happened to his 20-month old daughter. She was last seen alive with him on Aug. 10.

Jacqueline Morris, an independent child advocate who had befriended and frequently visited Rivera in jail, went before the grand jury yesterday. She emerged from the closed-door session with support for the defendant visibly shaken.

"I was told things about the case that raises questions whether she ( Katelyn ) is alive. It's been a very long morning," said Morris, who declined to give specifics.

Deputy District Attorney John Reilly Jr., who was in the room during Morris' testimony, is barred by law from discussing grand jury statements.

But he said District Attorney Patrick Meehan will decide whether the case will be upgraded to murder during the week of Feb. 28. Meehan was unavailable for comment yesterday.

However, all indications are that the office is moving toward filing murder charges against the 33-year-old Upper Chichester father.

Katelyn was last seen alive Aug. 10 after Rivera forced his way into the home of his daughter's babysitter and carried the youngster away.

Rivera and the child's mother, Jennifer Helton, were embroiled in a bitter custody battle at the time.

A sock and rhinestone-studded shoe, identified as belonging to the tyke, was found in October on a Delaware highway.

Police have been combing at least three states in an effort to find the child, who vanished more than six months ago. If murder charges are filed, it would not be the first case in Pennsylvania -- or Delaware County for that matter -- in which homicide charges were pursued without the discovery of a body.

Rivera has given conflicting stories on what happened to his daughter since she was last seen with him. He first told police he gave the child to a couple he met at Longwood Gardens.

On Sept. 1, following his preliminary hearing, he blurted out that the child's mother knows where the tot is. The mother denied that account. In letters to the Daily Times, later that same month, he boasted that he's the only one who knows what happened. And in a jailhouse interview in October with the newspaper, he was quoted as saying: "only me and God know where Katelyn is."

A hearing is set for March 7 regarding pre-trial motions filed by defense attorney G. Guy Smith on Rivera 's behalf to suppress statements and evidence. However, if the charges are upgraded to murder, that hearing would be canceled.

Smith was unavailable for comment yesterday.

Morris said yesterday she has no plans to visit Rivera in Delaware County's prison again.

Dressed in a brown jacket and cream-colored slacks, Morris appeared on the verge of tears after she emerged following about two hours on the stand before the grand jury, which is not open to the public.

Her faith in Rivera was obviously wavering yesterday.

While talking, she nervously fingered the subpoena that brought her to court. She said what she learned during questioning before the grand jury had given her "cause for concern" that Katelyn is alive.

Defendants are also not allowed to be present in grand jury matters.

Detective David Peifer, of the county Criminal Investigation Division, who is involved in the investigation into Katelyn 's disappearance along with the FBI, was in the courtroom while Morris was on the stand.

The grand jury is usually empaneled for an 18-month term that would have ended in December. However, it was extended until June because the panel hadn't completed its cases, according to Deputy District Attorney Jackson M. Stewart.

Katelyn 's mother yesterday said she was not aware of the grand jury proceedings. However, Jennifer Helton said she can't help but hope that she will soon learn the fate of her daughter.

"I want more than anything to find out whether Katelyn is alive or dead," she said in a quivering voice.