Delaware County Daily Times - Mar 16, 2001 Article

Officials say killer pummeled Rivera in Delco's prison

Delaware County Daily Times (Primos - Upper Darby, PA) - Friday, March 16, 2001

Author: CINDY SCHARR ; Of the Times Staff

CONCORD -- Convicted killer and rapist Gerald Bennett allegedly instigated a jailhouse brawl with accused baby-killer Robert Rivera in an attempt to cut a deal with prosecutors.

According to a copy of an incident report from Delaware County's prison, Bennett admitted assaulting Rivera because he was trying to get him to tell him of the whereabouts of Rivera 's daughter so he "could make a deal with the D.A. to get his time cut."

Rivera 's attempt at deal making is misguided, according to Delaware County Deputy District Attorney James Mattera, who was the prosecutor in his case.

"There are no agreements between Mr. Bennett and the commonwealth, nor would any considerations be given to Mr. Bennett with respect to his sentence," Mattera said.

Assistant District Attorney John F.X. Reilly, who is prosecuting Rivera , echoed Mattera's statement.

Bennett, 30, who was convicted last summer in the strangulation death of an East Lansdowne woman and the rape of a teenage girl, has not yet been sentenced.

The sentencing has been delayed to allow Judge Frank T. Hazel time to determine whether Bennett is a violent sexual predator and subject to lifetime registration under Megan's Law.

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

According to the incident report, a corrections officer discovered Rivera bleeding from the face 5:30 p.m. Tuesday.

"When they had the cell opened, inmate Bennett admitted assaulting inmate Rivera and then threatened" the officer, the report states.

Bennett was cuffed and escorted to the prison hospital. Rivera was also treated at the prison hospital then returned to his cell. Bennett was housed in another cell.

Rivera told a prison official that he did not tell Bennett anything, the report states.

In a previous court appearance, Rivera requested placement in solitary confinement.

Attorney Steven Leach declined to comment on the incident as he represents both Bennett and Rivera . Guy Smith, who is also representing Rivera , did not return a call seeking comment.

To contact Cindy Scharr, e-mail cscharr@delcotimes.com