Delaware County Daily Times - June 13, 2000 Article

Rivera can't see D.A.'s evidence

Delaware County Daily Times (Primos - Upper Darby, PA) - Tuesday, June 13, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- Accused baby-killer Robert Rivera wants to review the prosecution's evidence against him.

While his defense attorney, G. Guy Smith, has a legal right to pour over the Commonwealth documents, there is nothing that gives a defendant the same option.

In fact, Deputy District Attorney John Reilly Jr. said he was turned off by the thought.

The District Attorney told Judge Charles C. Keeler that unless the judge orders him to, he wouldn't show his files to a "murderer."

"It is an impossibility," said Reilly.

Keeler denied Smith's motion to have Rivera join in with attorneys to review the prosecutor's files.

Outside the courtroom, Reilly was just as vehement in his opposition to Rivera 's request.

"In 12 years of prosecution the suggestion to sit down with somebody like that galls me," Reilly said. "I don't play ball with a baby-killer."

Rivera , 33, of the 2800 block of Chichester Avenue, Boothwyn, is facing murder charges in the death of his daughter, Katelyn Rivera Helton. Rivera is charged with abducted the toddler from her babysitter's home Aug. 10. The baby has not been seen since that day.

Smith was in court on a number of pre-trial motions filed yesterday with Judge Keeler. Among them is a request to have the trial moved outside of Delaware County or bring in jurors from another jurisdiction. He contends a "fair and impartial trial" cannot be found in the county.

"Prejudicial publicity has so poisoned the minds of prospective jurors in this county that a fair and impartial trial would be impossible, even after a prohibitively expensive jury selection process," Smith wrote. He filed motions with the court yesterday.

Smith is also seeking a second lawyer to represent Rivera in the death penalty portion of the case.

Reilly said the appointment of an attorney from the county public defender's office would involve a conflict. He indicated that Assistant Public Defender Albert Greto, who represented Rivera early on in the case, could be called as a witness. Reilly refused to say why.

Smith wants a second attorney to handle the death penalty aspect of the case, if necessary.

If convicted of first-degree murder Rivera will face a second hearing to determine if he should be sentenced to life in jail or death by lethal injection.

Keeler deferred making a ruling on the appointment of a second counsel, as well as on the request for an outside jury. He did grant another defense motion that Rivera undergo psychiatric and psychological testing

Smith pointed out Rivera has an extensive history of illegal drug use, anti-social behavior and had unprotected sex with multiple partners.

The attorney said the defendant could have contracted a sexually transmitted disease which might affect his competency or he could be suffering from a brain disorder affecting his mental processes.

While the case proceeds, searches for the toddler's body are continuing in an area around Brandywine Creek, route 100 south, at the dividing line between Chester and Delaware counties, Reilly said.

At an earlier hearing, Smith also filed motions to have murder charges tossed against Rivera , alleging there is no evidence his 20-month-old daughter is deceased -- let alone how she died.

Decisions on those issues are pending briefs from both attorneys. No trial date has yet been set. The next pre-trial court appearance is July 17.