Delaware County Daily Times - Aug 15, 2000 Article

Rivera wants new defense lawyer in baby's murder

Delaware County Daily Times (Primos - Upper Darby, PA) - Tuesday, August 15, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- Robert Rivera , facing charges in the disappearance and apparent killing of his 20-month-old daughter Katelyn Rivera Helton, is having problems finding an attorney he likes.

Last November Rivera successfully dumped a public defender that had been named to handle his case. At that time Rivera told Judge Robert C. Wright that he "lacked confidence" in his then-attorney Robert D'Agostino. Wright granted the motion to change lawyers and appointed Media attorney G. Guy Smith to take over Rivera 's defense.

But now, Rivera doesn't want Smith either.

In a motion filed with Judge Charles C. Keeler, Rivera said he is "totally dissatisfied" with Smith's representation of him.

"He (Smith) has not helped me properly prepare for my case and defense which is a high-profile murder case," Rivera stated in his motion made public yesterday.

Rivera , 33, of the 2800 block of Chichester Avenue, Boothwyn, is charged with kidnapping his daughter Aug. 10, 1999, from the day care provider's home -- violating a protection from abuse order obtained by the toddler's mother, Jennifer Helton of Upper Chichester.

Last week -- on the year anniversary of Katelyn 's disappearance -- Helton made an impassioned plea asking anyone with information about her daughter to come forward.

"Please to anyone who knows where Katelyn is, let me know," she begged.

Smith, who is on vacation, could not be reached for comment regarding Rivera 's allegations that the attorney has not been responsive in handling his murder defense.

The district attorney's office put Rivera on notice last April that he will face the possibility of the death sentence when he comes to trial in Katelyn 's killing. No trial date has yet been set.

Certain aggravating circumstances must be present before the death penalty can be sought in a murder case under Pennsylvania law. State law does not require a body for a homicide conviction.

Deputy District Attorney John Reilly Jr. said yesterday there has been no let-up in attempts to find the child's body and that searches have been ongoing in the Brandywine Valley area.

"We believe we'll be able to find some evidence of Katelyn ," Reilly said. He indicated that he is hopeful that a detailed search using cadaver sniffing dogs combing the area around where she was last seen alive with Rivera will reap results.

Rivera was last seen with the baby around 7:15 p.m. Aug. 10 at a Sunoco Gas Station in Chadds Ford where he purchased $2 worth of gas, according to authorities. Two hours later he drove back to the same gas station -- this time without Katelyn .

No date has yet been set on Rivera 's motion seeking a new lawyer.