Delaware County Daily Times - Sept 16, 2000 Article

Child porn convict: Rivera said baby's body was intact

Delaware County Daily Times (Primos - Upper Darby, PA) - Saturday, September 16, 2000

Author: MATT ZAGER ; Of the Times Staff

MEDIA COURTHOUSE -- A day after a jailhouse informant testified that Robert Rivera confessed to suffocating his toddler daughter, another informant told the court that Rivera said he left the corpse of the baby intact.

Yesterday, prisoner John Fleming said he asked Rivera if he had dismembered the body of 20-month-old Katelyn Selena Rivera -Helton and Rivera replied, "No, they will find her intact."

The child's body has never been found.

Fleming's testimony yesterday was the last in the pre-trial phase of Rivera 's prosecution. During the pre-trial hearing this week, Rivera 's attorney argued that many witnesses, including a lead investigator, shouldn't be allowed to testify at Rivera 's trial, which hasn't been scheduled yet.

Fleming, a convicted child molester from Boothwyn, is awaiting sentencing on federal child pornography charges.

Defense attorney G. Guy Smith alleges that these witnesses questioned Rivera on behalf of the investigation, and that since Rivera didn't have an attorney present when he talked to them, his constitutional rights were violated.

Fleming had told county detectives in September 1999 "that Rivera continued to say that his daughter is dead," Deputy District Attorney John Reilly Jr. said.

Rivera is charged with abducting the girl from her day care provider and killing her in August 1999. He could face the death penalty.

Fleming had typed letters for Rivera to the Daily Times last September in which the accused murderer said he was the "only one" who knew the true story about Katelyn . The letters were dictated by Rivera , who has poor reading and writing skills, Fleming said.

Yesterday, Fleming said he asked Rivera what he did with his daughter, and Rivera replied "What makes you say that?" Fleming then asked if Rivera had suffocated her.

"I said that's what (parents who kill their children) usually do in these cases," said Fleming.

He said Rivera "grimaced" in response to the question.

Fleming suggested to Rivera that suffocation might only result in an involuntary manslaughter charge and a minimal jail sentence.

"Originally, I wanted them to find the kid," said Fleming. "I simply wanted everything to end."

When he told Rivera about a shovel found by police that might incriminate him, Fleming said Rivera asked, "Is it blue?" and paused. Rivera then said that his "fingerprints have got to be on it because he had been in the area visiting and had touched all the tools in the shed," Fleming testified.

The shovel was found at a construction site in Maryland and belonged to a man and woman Rivera had stayed with in the state on the night Katelyn disappeared.

Fleming also said that he and Rivera had discussed asking Fleming's cousin to call police anonymously with the location of the body. The call would have to come from Florida, Fleming said Rivera had told him.

Rivera shook his head incredulously during many of Fleming's accusations yesterday.

Judge Charles C. Keeler hasn't decided on which testimony will be allowed in court. He must also rule on a motion by Smith to change the location of the trial in order to ensure that prospective jurors will not be biased by publicity generated by the case.

Fleming was facing charges that he was in possession of child pornography when he met Rivera at Delaware County Prison in August 1999, just after Rivera was arrested for allegedly kidnapping his daughter. He denied making a deal with detectives to reduce his own sentence in exchange for obtaining information from Rivera .