Delaware County Daily Times - May 12, 2000 Article

D.A. to lay out case against Katelyn 's dad

Delaware County Daily Times (Primos - Upper Darby, PA) - Friday, May 12, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- The gas station attendant who authorities say was the last person to see tiny Katelyn Selena Rivera -Helton alive, in the company of her father, is expected to take the stand today during a pretrial hearing for accused killer Robert Rivera .

Rivera , 33, of the 2800 block of Chichester Avenue, Boothwyn, is accused in his 20-month-old daughter's disappearance and apparent death.

Deputy District Attorney John Reilly Jr. will present testimony from John McCabe, who worked at the Sunoco station at routes 1 and 100 in Chadds Ford on Aug. 11, 1999, the day the toddler was allegedly abducted by her father.

Today's proceedings stem from a defense challenge that the case is "legally and factually flawed" and that the prosecution failed to present sufficient evidence in the case during a previous preliminary hearing.

Reilly has expressed confidence in the commonwealth's case but said that McCabe's testimony is one more piece of information that the court should hear. He said the law allows the commonwealth to supplement the preliminary hearing record in the event a challenge is filed.

Defense attorney G. Guy Smith is seeking to have the charges tossed, contending there is no evidence that Katelyn is dead -- let alone how she died.

Authorities have said that McCabe saw Katelyn standing on the back seat of the car her father was driving about 7:15 p.m. Aug. 11 when Rivera stopped to purchase $2 worth of gas.

Police said that Rivera returned two hours later to the same station and bartered his $160 watch for $10 in gas and this time the child was not in the car.

Smith is asking Judge Charles Keeler to overrule the decision of District Justice Rocco Gaspari, who found there was sufficient evidence presented during the preliminary hearing to have the case against Rivera go forward to trial.

Rivera , who is facing first degree murder charges in his daughter's death – and a possible death penalty -- is accused of abducting her from her day care provider's home earlier that day in violation of a protection from abuse order obtained by the child's mother, Jennifer Helton.

The toddler's body has not been found and investigators have continued to comb areas around the Brandywine Creek.