Delaware County Daily Times - Jan 15, 2002 Article

Rivera gabs as his trial looms

Delaware County Daily Times (Primos - Upper Darby, PA) - Tuesday, January 15, 2002

Author: MARLENE DiGIACOMO ; mdigiacomo@delcotimes.com

The "she" was an apparent reference to his 20-month-old daughter, Katelyn Selena Rivera -Helton, who he is accused of kidnapping and killing in August 1999. Rivera also said he no longer wanted to "deal with Delaware County."

His statement in court yesterday could be construed as either another self-serving attempt to toy with authorities and save his neck -- or it could be a real move to reveal what happened to his daughter.

There was an effort made to have Rivera speak with FBI Special Agent Donna Kibbie, who was in court and has been involved in the ongoing investigation.

But what, if anything, transpired could not be ascertained since Judge Charles C. Keeler has imposed a gag order on participants in the trial.

Rivera was in court on a last-ditch unsuccessful effort to dump court-appointed attorney G. Guy Smith and delay his trial that will begin today.

Rivera was last seen with the baby around 7:15 p.m. Aug. 10, 1999, at a Sunoco gas station in Chadds Ford where he purchased $2 worth of gas, according to authorities. Two hours later he drove back to the same gas station -- this time without Katelyn .

Rivera has continued to give conflicting information regarding what happened to the youngster.

Looking pudgy and unshaven, the 35-year-old defendant yesterday complained about Smith's representation. In a motion for a new counsel, Rivera said that his attorney has only seen him eight to 10 times.

Smith countered that he has signed in at Delaware County's prison on 26 occasions and saw Rivera in preparation for trial. He said there were other times when he attempted to see his client, but Rivera refused.

Early on in his case Rivera was allowed to have a public defender removed when he said he "lacked confidence" in that attorney. However, as the trial has moved closer, similar motions have been denied.

Smith, in a petition answering Rivera 's charges, said he has "dedicated approximately 300 hours" to his client's defense.

During the proceedings, Smith also several times cautioned Rivera about making statements in court that could incriminate himself. "It's my life, not yours," Rivera retorted.

If he's convicted, Rivera could face the death penalty.

Assistant District Attorney John F.X. Reilly could not say whether Rivera gave any statement to Kibbie, a special agent who's been assigned to the case from the beginning.

Kibbie was seen outside the courtroom about 30 minutes after the hearing ended, talking to Jennifer Helton, the child's mother, and other relatives who were clustered around her.

"Nothing more is going to happen today," is all Reilly would state. He said the trial is scheduled to begin at 9:30 a.m.

Judge Keeler at one point told Rivera it would be in his best interest to cooperate with Smith.

"He's not cooperating with me," Rivera shot back. "He is doing what he wants to do. I tell him what I want, he don't do it."

The judge, while denying the motion for a new lawyer, mentioned that a jury has already been selected and seated.

Rivera also wanted to know whether the jury would hear what he had to say. "The statements I made today, will the jury know what I said or will I have to repeat it tomorrow again because I'm not satisfied?" Rivera asked.

Keeler was clear that Rivera wasn't allowed to say anything in court today while the prosecution was presenting its case.