Delaware County Daily Times - Nov 29, 2001 Article

Rivera trial gets five jurors

Delaware County Daily Times (Primos - Upper Darby, PA) - Thursday, November 29, 2001

Author: MARLENE DiGIACOMO ; mdigiacomo@delcotimes.com

MEDIA COURTHOUSE -- Jury selection ran smoothly yesterday as five of its needed 16 members were selected for the murder trial of Robert Rivera , charged with kidnapping and killing his 20-month-old daughter Katelyn in August 1999.

Judge Charles C. Keeler told the jurors they would not have to report until Jan. 15, when testimony will begin. The judge said he did not want to inconvenience the jurors, so the trial is being delayed until after the Christmas holidays.

Those selected yesterday were a Springfield mother of three; a Broomall nurse; a Broomall business executive; a warehouse worker from Drexel Hill; and a water company employee who handles emergency repairs and described his job as a "paramedic for pipes."

The tedious selection process will continue until a panel of 12 jurors and four alternates are seated.

Keeler, defense attorney G. Guy Smith and Assistant District Attorney John Reilly spent the day asking questions of more than 40 prospective jurors. Each was ushered into the courtroom and queried individually.

Among those not selected were several who said they could not impose the death penalty. One woman said that her "conscience" would bother her and she's "not sure she could live with making that decision."

Two other women, not selected, said their feelings on the death penalty had changed over the years. One said she now favored capital punishment because of overcrowding in the jails and other issues. Another said she is now opposed to the death penalty "because it's so final and a lot of times we find out information later. Once it's done, it's done."

If Rivera is convicted of the most serious charge of first-degree murder, then a second proceeding will begin and the same jury will be asked to sentence him either to death or life in jail.

Several prospective panel members knew nothing about the case. "I don't watch television or read the newspapers except for the sales brochures," replied one woman who also was not selected.

Rivera , wearing a silver chain with a cross around his neck, sat calmly flanked by Smith and co-counsel Steven Leach during the proceedings.

Other questions asked concerned whether a juror would be able to put aside any emotions because the case involves the disappearance and apparent death of a little girl.

Katelyn 's body has never been found. The prosecution will have to prove beyond a reasonable doubt that she is dead and that Rivera intentionally killed her.

The case against him will rest largely on statements he is accused of making to jailhouse snitches, law-enforcement officials and others concerning Katelyn .

Keeler estimated the case will last three weeks and the names of about 70 witnesses, who are expected to take the stand, were read earlier this week to determine if any of the prospective jurors knew any of them. Only a few hands were raised.