Delaware County Daily Times - May 13, 2000 Article

‘I looked in ... and saw the little girl'

Delaware County Daily Times (Primos - Upper Darby, PA) - Saturday, May 13, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- Robert Rivera seemed to be in a rush as he rolled his car into a Sunoco station "around 7 o'clock" on Oct. 10, 1999, with a child crawling around on the seat beside him, according to testimony from a gas station attendant.

The attendant, John McCabe, 16, took the stand yesterday during a pretrial hearing for Rivera , who is facing charges he kidnapped and murdered his 20-month old daughter, Katelyn Selena Rivera -Helton.

McCabe said that as he was pumping $2 worth of gas into the car, he noticed the blond-haired child in the passenger seat. "I looked in the (car) window and saw the little girl," he said.

He testified that when Rivera returned about two hours later, he was "sweaty" and nice -- but the baby was not in the car.

McCabe is believed to be the last person to see Katelyn alive in the company of her father before she vanished.

Rivera , 33, of the 2800 block of Chichester Avenue, Boothwyn, is facing first degree murder charges in the child's disappearance and apparent slaying. Her body has not been found.

Deputy District Attorney John Reilly Jr. called McCabe to testify yesterday to supplement the preliminary hearing record in light of a defense motion challenging the sufficiency of the evidence presented during those proceedings.

That legal issue will be addressed later by Judge Charles C. Keeler, who presided over yesterday's brief hearing. Only McCabe took the stand.

Defense attorney G. Guy Smith wants Keeler to overrule Lower Chichester District Justice Rocco Gaspari, who found there was enough evidence presented to have the case go forward to trial.

As McCabe testified yesterday, Rivera at times leaned over and whispered to Smith.

McCabe said that during the first encounter with Rivera the night of Aug. 10, he seemed to be "in a rush." The witness said Rivera paid for the gas with a buck and four quarters.

He testified that shortly after 9 p.m. Rivera returned to the station, located at routes 1 and 100 in Chadds Ford. McCabe said Rivera first used the bathroom and "then called me over because he didn't have any money."

Rivera offered his watch for $10 of fuel, McCabe testified. "He said it (the watch) was a gift from his wife," said the witness.

Reilly said following the hearing that the watch has been turned over as evidence and that Katelyn 's mother, Jennifer Helton, identified it as belonging to Rivera .

"The evidence will show the murder occurred sometime between 7:16 and 9:16 p.m.," said Reilly, declining to elaborate.

A monitoring device on the pumps pinpointed the exact time that Rivera was at the station, according to the prosecutor.