Delaware County Daily Times - Oct 6, 2001 Article

Jury selection and trial date set in Rivera kidnapping case

Delaware County Daily Times (Primos - Upper Darby, PA) - Saturday, October 6, 2001

Author: KATHLEEN E. CAREY ; kcarey@delcotimes.com

Jury selection for the case against Robert Rivera , accused of kidnapping and killing his 20-month-old daughter, will begin next month, and the trial will begin in January.

Judge Charles C. Keeler set Nov. 27 as the date to begin picking a 12-member jury with two alternates for the trial expected to start Jan. 15, 2002.

On Aug. 10, 1999, Rivera fought with his estranged girlfriend, Jennifer Helton, in front of the Wawa market on Chichester Avenue in Upper Chichester. He then drove a few blocks away and burst in the doors of a day-care center, where he abducted his 20-month-old daughter, Katelyn Rivera -Helton.

That day was the last the toddler was seen alive. After 26 months and exhaustive searches in several states by law enforcement officials using everything from helicopters to cadaver dogs, the only link to the baby ever found was a sock and sneaker along Route 202 south, near the Concord Mall.

Now, after almost two years and flurries of pre-trial motions, the actual trial is only months away.

There are two outstanding motions to be heard by the judge the week of Nov. 15. They concern whether the trial will take place in a different location, usually because of pre-trial publicity, and whether the death penalty can be pursued by the prosecution.

Of the bevy of motions before him, Keeler decided to admit testimony from three fellow inmates that implicates Rivera in the murder.

William Lively, who met Rivera shortly after Katelyn 's disappearance, led detectives to the sock and shoe.

Another witness, Vincent Card, was typing legal documents for Rivera when the accused blurted, "I did it, I killed Katelyn . I lost it," on April 26, 2000.

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

Rivera 's attorney, G. Guy Smith, said these witnesses were working for investigators, trying to pry information from his client when Rivera confessed to them. The judge did not agree.

Keeler also previously ruled that some of the alleged acts of abuse by Rivera against Helton would be heard in trial, while others would not.

Testimony is also expected from Criminal Investigative Division Lt. David Peifer, who investigated the case. In one instance, the detective said Rivera told him, "If I tell you where Katelyn is, I'll spend the rest of my life in jail."

Testimony the judge will not permit at trial includes various statements by Helton outlining a history of abuse by Rivera for years prior to the kidnapping. Keeler wrote that a logical progression needed to be shown for the testimony to be permitted.

Assistant District Attorney John F.X. Reilly wants to prove Rivera murdered Katelyn to retaliate against Helton, who had separated from him and was involved in a bitter custody battle over the child at the time.