Delaware County Daily Times - Nov 21, 2001 Article

Rivera thwarted in bid to dismiss his attorney

Delaware County Daily Times (Primos - Upper Darby, PA) - Wednesday, November 21, 2001

Author: MARLENE DiGIACOMO ; mdigiacomo@delcotimes.com

MEDIA COURTHOUSE -- Accused baby killer Robert Rivera , who has long frustrated authorities with conflicting accounts regarding his missing 20-month-old daughter who is presumed dead, did it again yesterday.

Rivera tried to oust his lawyer G. Guy Smith claiming that he revealed to him where his missing daughter Katelyn could be found about 18 months ago. He also charged that his counsel has done nothing about it.

Rivera 's comments appeared suspect to some courthouse observers because they were made within days of when jury selection is set to begin next week.

Smith told the court he couldn't answer any of Rivera 's accusations because of the confidentiality of the attorney-client privilege.

‘‘I can't comment on the things he says. I would be hurting my client and the case,'' said Smith. However, Smith told Judge Charles C. Keeler that he is ready to proceed with Rivera 's defense. When the child first disappeared in 1999, Rivera told authorities he gave her to a stranger at Longwood Gardens. He also once accused the child's mother, Jennifer Helton, of knowing where the toddler was. He then turned around and in a letter from jail, said he's the ‘‘only one'' who knows where she is.

While in court yesterday, Rivera said: ‘‘I told (Smith) where Katelyn was approximately 18 months ago and he did nothing about it.''

Assistant District Attorney John F.X. Reilly rose to inquire whether the information Rivera has given concerns where the body of 20-month-old Katelyn Rivera -Helton can be found.

Smith retorted that Rivera 's comments did not refer to the ‘‘body'' of Katelyn . ‘‘He said where Katelyn is.''

Judge Keeler denied Rivera 's motion and ruled that Smith will remain on as trial attorney. His decision allows jury selection set for next week to proceed as planned. Testimony will not get under way until January.

Rivera , 33, of the 2800 block of Chichester Avenue, Boothwyn, is facing trial in the death of his daughter, who has not been seen since shortly after he snatched her from the home of her child care provider on Aug. 10, 1999. Her body has not been discovered, but in Pennsylvania a body is not required in a homicide case. Jennifer Helton, the child's mother, was in court yesterday and following the hearing she stood talking with Reilly. There is a gag order in effect prohibiting anybody involved in the case from commenting.

Rivera 's hands remained shackled during the hearing and he was dressed in prison red. In a rambling manner, Rivera told Keeler that he no longer wanted Smith to represent him for several reasons including his contention about Katelyn .

The defendant also blamed Smith because he didn't get a change of venue. Judge Keeler interjected that was his decision not Smith's.

As Rivera began his account as to why Smith should be replaced, the attorney replied, ‘‘I don't support the allegations in it (the motion). I am ready to proceed.''

Rivera , who has trouble reading and writing, filed the motion for new counsel. The petition appeared to be a standard form, signed by him. The motion claimed he and counsel have an ‘‘irreconcilable personality conflict.''

This is the second time Rivera has sought to remove Smith. He attempted to do so earlier in the case, but then reconsidered. In November 1999 he also successfully ousted a public defender, who had been appointed.

Rivera is facing first-degree murder and related charges in the child's disappearance and apparent death. If he is convicted by a jury of the most serious charge of first-degree murder, the panel will then be asked to decide whether he should be sentenced to life in jail or death by lethal injection. While the child's body has not been found, the commonwealth is proceeding on testimony from witnesses, including incriminating statements from Rivera to Lt. David Peifer of the county criminal investigation division.

‘‘Where is Katelyn ,'' he was asked by Peifer. ‘‘If I told you, I would spend the rest of my life in jail,'' Rivera is quoted as replying.