Delaware County Daily Times - Jan 9, 2002 Article

Rivera loses yet another bid to remove his lawyer

Delaware County Daily Times (Primos - Upper Darby, PA) - Wednesday, January 9, 2002

Author: MARLENE DiGIACOMO ; mdigiacomo@delcotimes.com

MEDIA COURTHOUSE -- Robert Rivera , slated to go on trial next week in the death of his 20-month-old daughter, who hasn't been seen since August 1999, made a pitch again to ditch his defense attorney.

When Judge Charles C. Keeler was asked about Rivera 's motion, the judge replied: ‘‘We start trial next Tuesday.''

Rivera has tried several times since his arrest to have court-appointed attorneys removed. Once, early on in the process, he succeeded. But recently, as his trial date has drawn closer, the court has not granted his request.

Media attorney G. Guy Smith, who was unavailable for comment yesterday, is representing him. A gag order is in effect prohibiting attorneys and others involved in the case from commenting.

The petitions for new counsel filed by Rivera have been standard forms citing ‘‘irreconcilable'' differences.

Among Rivera 's complaints is that Smith has only met with him a handful of times. During that Nov. 20 hearing, Smith replied that he had seen Rivera 20 or 30 times in preparation for his defense.

A jury of seven men and five women, as well as six alternates, were selected and seated prior to the holidays and told to return Jan. 15 when testimony is to start before Keeler. The trial is expected to last three weeks. Rivera , 35, of Upper Chichester, is facing first-degree murder charges and a possible death penalty in the kidnapping of his daughter, Katelyn , whom authorities presume is dead.

The child has not been seen since shortly after Rivera snatched her from her day-care provider's home 30 months ago. Her body has not been found and she was last seen alive in a car driven by her father when he stopped for gas on the evening of Aug. 10, 1999. Assistant District Attorney John F.X. Reilly is expected to use statements allegedly given to police and others by Rivera to show that he killed his daughter. Over the years since her disappearance, authorities said they conducted searches in five states and Puerto Rico with everything from helicopters to cadaver-sniffing dogs and have not found any evidence that Katelyn is alive.