Delaware County Daily Times - Oct 25, 2000 Article

Panel to rule on Rivera charges

Delaware County Daily Times (Primos - Upper Darby, PA) - Wednesday, October 25, 2000

Author: MARLENE DiGIACOMO ; Of the Times Staff

MEDIA COURTHOUSE -- A prosecutor charged yesterday that although 20-month-old Katelyn Rivera Helton's body has not been found, her father Robert Rivera killed her out of spite because he sought revenge on her mother.

Deputy District Attorney John Reilly Jr., arguing in front of a three-judge panel, described the kidnapping of the tot from her day care provider's home in Upper Chichester on Aug. 10, 1999, and the apparent killing as a malicious act "done with the intent to terrorize" the victim's mother.

"That's what this case is all about -- a man who used a child for revenge to seek leverage upon the mother," said Reilly. "The burglary and kidnapping were a prelude to murder."

As Reilly spoke, Rivera , 34, of Upper Chichester, appeared agitated. His head bobbed and his eyes rolled. He was dressed in a drab green prison suit with the shirtsleeves rolled up close to his shoulder, revealing a tattoo on the beefy part of his right arm.

However, unlike prior court appearances when he became loud and agitated, Rivera remained quiet as he sat flanked by defense co-counsel G. Guy Smith and Steven Leach.

The pretrial hearing is on a defense motion filed by Smith seeking to have kidnapping and murder charges dismissed against Rivera . The attorney challenged the prosecution's right to try Rivera for murder, because there is no body and no evidence that the tot is dead or how she died.

The panel, consisting of Judges Charles C. Keeler, Frank T. Hazel and Joseph Cronin, will decide later whether there are sufficient legal grounds to bring Rivera to trial in the killing of his child. The youngster was last seen alive 14 months ago in the company of her father.

The child's mother, Jennifer Helton, sat across the aisle from Rivera . She remained grim-faced while Reilly and Smith jousted over legal points in a case that has left her reeling over the loss of her baby.

Smith charged that under the laws in Pennsylvania, dating back as far as 1889, there is nothing that permits a parent to be charged with kidnapping his own child. He said the proper offense should be interference in the custody of Katelyn . He also contended there is no evidence of murder.

"The last sighting of this child she was alive, well and healthy," said the attorney. "There is no body and nobody to say she was hurt, harmed or suffering."

"It is my position that the Commonwealth should be stopped from proceeding," Smith said.

Judge Hazel questioned Smith as to whether he found any legal cases in which a child was abducted and then violence was committed against that child, as is alleged against Rivera .

"No. I looked," replied Smith.

"So did I," said Hazel.

Keeler also questioned Smith regarding the obvious credibility of a jailhouse witness, who led police to the discovery of a yellow sock and shoe on a highway in Delaware two months after the child disappeared.

Helton identified the items as those her daughter was wearing on the day she disappeared. During an earlier hearing a prison inmate testified he was told about the location of the sock and shoe during jailhouse talks with Rivera .

"In order to get to the shoe and sock, you have all this hearsay in the middle," said Smith.

Smith acknowledged that under Pennsylvania law a conviction can be rendered in a case without a body. However, he stressed that "in every one of those cases somebody saw a victim dead."

Reilly argued that the baby's disappearance occurred within days of an assault on Helton by Rivera . The prosecutor said the Aug. 10 abduction was on the same day that Rivera was hurled into court to face a hearing on those charges.

Within minutes of the conclusion of that hearing, Rivera again attacked the mother at a nearby Wawa, said Reilly. A short time later, Rivera burst through a rear locked door of the day care provider's home in Upper Providence, kidnapped Katelyn and fled, the prosecutor said.

Reilly is basing a large part of his case on statements that witnesses allege came from Rivera 's own mouth. Rivera was quoted as telling Helton that she is "never going to see Katelyn again" and that she should "consider Katelyn dead."

Lt. David Peifer of the county Criminal Investigation Division has stated that when he asked Rivera where Katelyn was, the defendant replied, "If I told you, I would spend the rest of my life in jail."