Delaware County Daily Times - Sept 1, 2001 Article

Rivera witnesses will testify, judge allows other evidence

Delaware County Daily Times (Primos - Upper Darby, PA) - Saturday, September 1, 2001

Author: MATT ZAGER ; Of the Times Staff

MEDIA COURTHOUSE -- The testimony of three men who say Robert Rivera confessed to killing his daughter, and other evidence the defense had sought to bar will be allowed at the upcoming trial of the accused murderer, according to a ruling by Commonwealth Judge Charles C. Keeler.

Among the testimony being allowed, are statements by investigators who say Rivera made remarks implicating himself as the killer of his infant daughter, Katelyn , who disappeared in August 1999. Also, Keeler ruled that some alleged acts of abuse against Jennifer Helton, the victim's mother, will be heard at the trial, while others would not.

In pre-trial motions that the judge began hearing almost a year ago, defense attorney G. Guy Smith tried to have statements by fellow inmates of Rivera 's banned, claiming they were eliciting information on behalf of investigators when Rivera allegedly confessed to them, a violation of his rights.

One of the witnesses, William Lively, met Rivera in prison just after the little girl vanished, and led detectives to her sock and shoe, which they found on a roadside in Delaware.

Another witness, Vincent Card, alleges the Rivera said, "I did it, I killed Katelyn …," "…I lost it…", in a prison library on April 26, 2000.

Still another witness, John Fleming, heard Rivera say, "They will find her all intact when they find the body," he said.

Witness testimony and alleged statements by Rivera make up the majority of the case. No body or murder weapon have been found.

Rivera was not charged with murder until March 2000, seven months after Katelyn disappeared, although he had been charged with kidnapping the day after she went missing.

John F.X. Reilly is prosecuting the case, but declined comment yesterday citing a gag order. Smith could not be reached yesterday.

C.I.D. Lt. David Peifer, who investigated the case for the district attorney's office, says Rivera made comments to him that appear to indicate his guilt. Keeler is allowing Peifer's testimony of these incidents.

In one case, Rivera told Peifer in an interview, "If I tell you where Katelyn is, I'll spend the rest of my life in jail," the investigator said.

Another time, Rivera was riding in a car with investigators, just after being charged with murder. One of them asked if the new charge would change his status in prison and Rivera responded, "No, there are other murderers on my block," said Peifer.

Keeler is banning certain statements made by Helton, which allege a history of abuse by Rivera stretching back years from the summer Katelyn disappeared. Helton's claims would have had to show a logical progression to the kidnapping and murder of Katelyn , Keeler wrote.

Allegations of violence that happened during the week before Katelyn 's disappearance will not be considered by the jury, he ruled.

No trial date has been set.

Rivera was the last person to see the then-20-month old girl alive, although some of his accounts – he has given several versions of what happened – say he gave the girl to a couple at Longwood Gardens in Chester County.

On Aug. 10, 1999, Rivera had attacked Helton in a Wawa parking lot and then taken Katelyn from a day care center in Upper Chichester where they lived. That was the last time she was seen.

To contact Matt Zager, e-mail mzager@delcotimes.com