Delaware County Daily Times - Sept 9, 2000 Article

Rivera snaps out in court, vows silence on Katelyn

Delaware County Daily Times (Primos - Upper Darby, PA) - Saturday, September 9, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- Accused baby killer Robert Rivera snapped out yesterday during a pretrial hearing, grumbling that he has "23 inmates" ready to testify against him and screaming that "‘it's bull----."

"I have 23 inmates testifying against me. I have COs (prison corrections officers) talking about me. If they want to kill me, I'll lay down and take the shot," he shouted.

Also in an apparent reverence to his daughter's whereabouts, he yelled: "There's no way I'm going to tell you. It's bull----."

As the 33-year-old defendant was led out of the courtroom in handcuffs, he continued to whine and could be heard repeating, "That's bull, bull, bull."

No trial date has yet been set for Rivera , who is facing first-degree murder charges and a possible death penalty in the disappearance and apparent death of his 20-month old daughter, Katelyn Selena Rivera -Helton.

Rivera was in court yesterday on defense motions prepared for him by a guy named "Vinnie" in the prison library, according to defense attorney G. Guy Smith. Among the motions filed by Rivera was one to have Smith removed from the case.

However, Rivera had a change of heart. And as Smith walked into the courtroom, Rivera smiled and shook hands with his attorney. When asked by Judge Charles C. Keeler if he wanted a change of counsel, Rivera replied "No."

Rivera will be back before Judge Keeler on Tuesday when the inmates are expected to testify. Keller imposed a gag order on attorneys in the case so it isn't known how many inmates will take the stand.

The strongest circumstantial evidence against Rivera has apparently come from his own mouth, including statements to at least two different people that the "child is dead," according to a criminal complaint prepared for his arrest last March.

At Tuesday's hearing Smith is expected to challenge the legality of statements from witnesses to whom Rivera is alleged to have blabbed. Smith wants Keeler to bar that testimony from Rivera 's murder trial.

The toddler's body has not been found despite more than a year of intense investigation in five states and Puerto Rico by county officials and the FBI, according to authorities.

The toddler disappeared Aug. 10, 1999, after her father allegedly barged into the day care provider's home and carried her away in violation of a protection from abuse order.

The order had been obtained by the baby's mother, Jennifer Helton, police said.

Helton was in court yesterday and sat somber-faced during Rivera 's outbursts.

Rivera remained calm for much of the session, which lasted about 20 minutes. Smith went over the numerous petitions prepared by "Vinnie" since Rivera has admitted having difficulty reading and writing.

Smith outlined the 179 documents, transcripts and other information pertaining to Rivera 's case that has been turned over to the defense, as required by law, by Deputy District Attorney John Reilly Jr.

At one point as Smith was talking, Rivera whispered in his ear.

Smith then said he would also prepare a motion to obtain a transcript of an Aug. 5, 1999 hearing regarding a custody proceeding for Katelyn .

Reilly interjected that during the preparation of the commonwealth's case, he also sought those transcripts. He said, however, that during the hearing held before Judge Ann Osborne the recording system was not turned on so there is no transcript. He said that other documents from that hearing are available.

Rivera grew angry. His eyes widened and he shook his head in disgust before bellowing: "They disappeared."

He then began screaming about photos of dirt samples and soil samples. "Where's the crime scene? I've been here for a year. I've been patient. I've put up with a lot of stuff that he said about me," apparently referring to Reilly.

During the hearing, prior to Rivera 's tirade, Smith also cautioned Rivera that any documents that he has been given should be kept private out of the hands of other prisoners. "At the prison there are a number of people trying to obtain information from Mr. Rivera ," said Smith. He explained the case has generated a lot of publicity and interest. "It is my specific request that he not have the documents that I consider to be sensitive," said Smith.

However, he told the court that Rivera wants his own set. "I am giving him the documents but against my personal view as his attorney," said Smith. He cautioned Rivera to make certain that other eyes don't see the information because there are people "telling things and making things up."