Delaware County Daily Times - Apr 29, 2000 Article

Rivera 's ‘scared' by death threat

Delaware County Daily Times (Primos - Upper Darby, PA) - Saturday, April 29, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- Accused baby killer Robert Rivera looked glum yesterday as he formally heard that the District Attorney's office will seek a death penalty against him when he's tried for the death of his daughter.

Moments later, he broke into a wide grin as he stood in front of the courtroom.

But his attorney said Rivera , 33, of the 2800 block of Chichester Avenue, Boothwyn, who is accused in the kidnapping and murder of 20-month-old Katelyn Selena Rivera -Helton, isn't taking the threat lightly.

"He's scared by it," said defense lawyer G. Guy Smith. "Robert Rivera has never admitted any wrongdoing."

Rivera was formally arraigned on murder and related charges and a routine "not guilty" plea was entered in his behalf during the brief hearing before Judge Charles C. Keeler.

The proceedings also marked the first volley in what promises to be a spirited legal battle between Deputy District Attorney John Reilly Jr. and court-appointed defense lawyer Smith. The process will involve a variety of technical legal issues in the highly charged case that will be based on circumstantial evidence with no body.

Reilly said that police and cadaver sniffing dogs have continued scouring areas around the Brandywine Creek near Route 100, in Chadds Ford, and all contiguous roads, in an effort to find the child's remains.

"We will continue right up until the trial and beyond, because we feel we owe it to the family so that they can have closure," said Reilly.

Katelyn 's mother, Jennifer Helton, was in the courtroom with other relatives, but declined comment. Reilly later said she took the news calmly when told that Rivera will be facing a death sentence.

"Jennifer Helton is one of the least vindictive persons I've met in my 13 years as a prosecutor. She said if that is what the law permits, than so be it. She wants to find out where her child is. I think she is resigned to the fact that her daughter is never coming home," said the prosecutor.

Reilly also expressed confidence in the commonwealth's case against Rivera .

Smith is proceeding with defense motions that the commonwealth has failed to prove a "corpus delicti that a crime has been committed," contending the case is legally flawed. He is seeking to have all charges tossed out.

Smith is also challenging the contention that Katelyn was even kidnapped. Rivera is accused of breaking into a day care provider's home last Aug. 10 and snatching the child, violating a protection from abuse order filed by the child's mother.

Following yesterday's hearing, Smith said that Rivera as the biological father had a right to have access to his child and he did not kidnap her -- a point Reilly staunchly disagreed with.

Smith also talked about issues that could be raised in future defense petitions that the D.A's office has used wiretapping and placed jailhouse snitches in an effort to obtain evidence on Rivera . "I need to find all this out to see if it was legally or illegally obtained," said Smith.

Reilly agreed a wiretap was placed on a prison phone. But he termed as "blatantly false" any statement that snitches had been planted in prison to gather information.

"He ( Rivera ) has been willing to talk to any number of cellmates, block mates and other buddies. He has not been shy about discussing matters," said Reilly.

The first round in the legal battle will take place May 12 before Keeler.

Smith said when he first told Rivera on Thursday that he would face a death penalty the defendant "reacted as you would expect. He was upset and unhappy. I had to be the bearer of very difficult news.

Smith said he would consider all possibilities and his client would undergo a variety to psychiatric, psychological and other examinations in an effort to determine if he suffers from organic brain damage.