Daily Times Presumption of Guilt

In its coverage of the criminal case against Robert Rivera, the Delaware County Daily Times generally did not focus on whether Robert Rivera murdered his daughter, Katelyn, but on whether he gave her to strangers versus giving her to people he knew. It asserted against the weight of the evidence that Rivera definitely gave Katelyn to people he knew and that he stubbornly refuses to tell where she is. In an unsigned editorial following Rivera’s conviction, the Daily Times ended up doubting whether Rivera murdered Katelyn, but thought he should be kept in prison for life until he reveals where Katelyn is or who his known conspirators are. It should be noted the editorial must have been written by a staffer, as the paper’s editor, Phil Heron, expressed a contrary belief in a different article.

The reasoning behind this theory is unclear especially since the weight of the evidence clearly indicates the opposite. Rivera, despite being illiterate gave a coherent story that he gave Katelyn to strangers at Longwood Gardens. This story is corroborated by clear evidence that he had been to Longwood Gardens, by his lack of money to take further care of Katelyn, and by evidence that Katelyn’s mother repeatedly refused to accept her.

In an Aug 22, 1999 column, Daily Times columnist Gil Spencer wrote, “Mr. Rivera maintains that he gave his daughter away to strangers, but his story is almost surely a lie.” Mr. Spencer cites no evidence supporting his belief that Rivera’s seemingly corroborated story is a lie.  In a Mar 27, 2000 editorial, the editorial writer states, "If Rivera takes the witness stand at his murder trial, he can stick to his story about Longwood Gardens. That should take a jury about 30 seconds to disregard."  Again no reasons are cited, possibly because their lack of credibility would become obvious if stated openly.

The Daily Times theory is a presumption of guilt. Rivera is guilty of murder unless he can prove himself innocent by producing Katelyn.  The theory also presumes maliciousness on Rivera’s part by maintaining he is holding Katelyn somewhere for his own benefit while denying Katelyn’s mother equal access to her child.  Witness testimony indicated that Katelyn's mother was acting with this sort of maliciousness[1], but evidence does not support any presumption that Rivera shared this maliciousness.

The following evidence makes the Daily Times Theory very improbable:

(1) Rivera repeatedly tried to return Katelyn to her mother. This fact was documented in trial testimony[2], but never mentioned in Daily Times articles. Rivera claimed 8 times, four with his girlfriend, Michelle Lupi, and four without.[3] Some have disputed these attempts, saying they were not real attempts, but the fact is that it is plausible that they were. Robert Rivera’s attempts to return Katelyn indicate that he accepted shared custody and was not looking for exclusive custody of Katelyn. Katelyn's mother, Jennifer Helton, refused to accept Katelyn. Apparently she wanted Robert to keep Katelyn so she could claim that he did willingly return her and use it to her advantage in future child custody arrangements.

(2) Rivera later went with Katelyn to Longwood Gardens stopping at least once along the way at a firehouse to show Katelyn fire trucks.[4] He seemed in no particular hurry to get to one location. Rivera’s past practice of entertaining Katelyn[5] highly suggests that he went to Longwood Gardens for the purpose of entertaining Katelyn. There is nothing to indicate that he thought he would be giving away Katelyn there. Although perhaps irritated at Jennifer’s refusal to accept Katelyn, Rivera used the opportunity to spend a few more hours with his daughter. He quite possibly planned to try to return Katelyn again that evening. Maybe when it was dark out and the time of Katelyn’s regular bedtime, Jennifer would soften her opposition and accept Katelyn.

(3) According to sworn police testimony, on the following day Rivera went with investigators to Longwood Gardens and gave a detailed statement of giving Katelyn away to a couple he met there who obviously were strangers.[6] He clearly had been there as police verified his statement that there was three tour busses in the rear parking lot.[7]  Also, according to Katelyn’s grandmother, when she asked Robert Rivera prior to his arrest to bring Katelyn back, Robert told her, “I can’t bring Katie back.”[8]

(4) Being illiterate, Rivera probably does not understand the distinction between places where it would be likely to give a child away and where it would not. If Rivera said he gave Katelyn away at a common place like a neighborhood supermarket, it would not be likely there would be many people there who lived outside the neighborhood. People living in the same neighborhood as the supermarket would not likely accept a child, as their new child would likely be noticed and connected to any reports of a missing child. Such people would also realize that Rivera wanting to see or reclaim Katelyn at a later date, could stake out neighborhood locations, or drive down neighborhood streets looking for Katelyn, and he would likely find her. Being a tourist location, Longwood Gardens is a place where Rivera would likely meet strangers who lived some distance away.

(5) Sworn police testimony shows Rivera did not know the name “Longwood Gardens” even after being there,[9] so he could not have called someone on the phone before going there and said, “Meet me at Longwood Gardens.” Rivera had to accompany police in their car and direct them to the location.

(6) If Rivera gave away Katelyn to people he knew, who would he give her to? An acquaintance he last met in grade school? While some friend, acquaintance, or relative might be sympathetic to Rivera’s point of view, disputes about the custody of children are not especially important to people who are not the parents. It is not likely that any outsider would be want to get involved.

(7) Rivera also had no money to pay anyone.[10] Few if anyone is willing to take care of another person’s child for long unless they are paid. Perhaps Rivera could give Katelyn to a friend or relative who wanted a child of their own, but it is not at all likely that a person known to Rivera would accept Katelyn as Rivera could always get her back. By contrast strangers who wanted a child of their own would have a strong motive to accept her. Being strangers they would know that Rivera could not get Katelyn back, or use them as temporary babysitters.

(8) While giving away a child to strangers is unusual, it not especially unlikely if attempted. If one had an expensive automobile and attempted to give it to strangers, the high value of the automobile would ensure that one would easily find a taker, even if the gift caused some temporary inconvenience for the taker or the taker was a little suspicious because he never heard of anyone giving an automobile to a stranger.

Children are quite valuable, at least to interested individuals.  According to a 1984 newspaper article, children were legal being "sold," for adoption fees of up to $22,000.  The article also notes the ease with which children are transferred.  While the selling of children sounds reprehensible, the article notes that the practice helps prevent many abortions.

While not everyone is prepared to accept a child, the improbability of giving one away cannot directly be used against Robert Rivera as one only hears of attempts to give away a child (in the news) when the child is subsequently missing.  All attempts made that result in the child subsequently being missing are presumably 100% successful.

(9) Katelyn was old enough to confirm to people thinking of taking her that Robert was her father and that her mother had refused to accept her. They did not have to blindly accept Robert’s story. Katelyn could talk and according to Robert said, “No, daddy,” when Robert gave her away.[11]

At some point following his arrest, Rivera was apparently told that the couple he gave Katelyn to might have been up to no good. Rivera, being illiterate, probably never considered this point before in any detail. Since he loved Katelyn, he presumably was embarrassed by this possibility, and evidence suggests he made off-hand comments that he gave Katelyn to non-strangers. Perhaps Rivera could argue the couple were not strangers, since he talked with the woman member of the couple for awhile, but he obviously had never met them before and did not know where they lived.

On Sept. 30, 1999, the Daily Times received and published an article about a letter it received, signed by Rivera in which he said that he was the “only one” who knew where Katelyn was. The letter was in response to prison informants, who looking for generous plea deals on their cases, began making statements of various locations that Rivera told them where he was keeping Katelyn. The informants were apparently following unsupported assertions like that of columnist Spencer that they read in the Daily Times.

While Rivera was the “only one” who “knew” in an eyewitness sense who Katelyn was given to, his statement was interpreted to mean that he gave Katelyn to people whose address and location he knew. Rivera made other statements to people indicative that he gave Katelyn to people he knew, but he notably refused to retract his story about giving Katelyn to the couple at Longwood Gardens. Since it is not believable that Rivera knew the couple at Longwood Gardens, there is no real basis for believing that Rivera’s statements as a whole indicate he gave Katelyn to people he knew.

Not all editorials were consistent with the view that Rivera could not have given Katelyn to strangers.  In a 10-22-99 editorial, the idea that strangers accepted Katelyn was acknowledged as plausible.  "We want to believe such a couple exists, that Katelyn is safe in their care and has not been harmed."  This editorial also argued against the existence of the couple by stating, "We find it hard to believe anyone could knowingly hold Katelyn this long without some knowledge of the circumstances surrounding her disappearance." 

According to Rivera's description the couple he gave Katelyn to had a license plate with a bird standing on one foot, which police say corresponds to a Chesapeake Bay area license tag. Maryland sources reveal that this tag was/is available to all Maryland drivers and held by about 10% of them. Thus the couple are most likely from Maryland as their car is registered there. Since the Maryland county nearest to Longwood Gardens (Cecil) only has 85,000 residents, the couple most likely live past Cecil County, beyond the Susquehanna River, in the heavily populated Baltimore area.  There is no mention of Katelyn in the Baltimore Sun archives.  Possibly she was mentioned in the Cecil Whig due to the searches at Whittakers outside Elkton, but from the couple's perspective, an article about an allegedly murdered child near Elkton would not appear to have much connection to a living child they obtained an hour's drive away.  They also would not know about Katelyn being from Delaware County as they obtained Katelyn at Longwood Gardens, which is in Chester County.  The couple would not be "hold"ing Katelyn as the editorial states, except in the sense of keeping her.  It is doubtful that they would learn about news reports regarding her disappearance unless they made a concerted effort to search for such reports in Pennsylvania newspapers.

Secondly, even if the couple found out the circumstances about Katelyn, it is doubtful they would return her.  People who adopt children know that birth mothers or birth parents are apt to change their mind after giving away a child.  This is one reason why adoption records are generally sealed.  Katelyn's mom, after refusing to accept Katelyn, claimed to have changed her mind.  Katelyn herself could confirm to the couple that her mom refused to take her, so they are not likely to believe the prosecution hype that she was "kidnapped" or "stolen."  One can denounce adoptive parents as being selfish about their adopted children, but that is the way they are.  Even if Katelyn was located and Delaware County sought her return, a Maryland judge would have a good factual basis for ruling that there is a valid contract giving Katelyn to the couple.

Thirdly, police made no known attempts to look for Katelyn other than searching for possible burial spots or answering phone calls about reported look-alikes to Katelyn from local news readers.  Longwood Gardens held a special event on the night of Katelyn's disappearance.  If one found out how this event was advertised, it might have been possible to narrow down the search.  Also police might have taken a look at any known credit card ticket purchasers or tour groups that have visited the Gardens in the past.  Combined with the fact that only 10% of Maryland residents had the license tag of the reported couple, police might very well have found Katelyn without incurring undue expense.  Police were much more interested in obtaining a murder conviction than in looking for a living Katelyn.

In a Jan 21, 2002 article, the Daily Times editor, Phil Heron, cited Rivera’s story as one he found plausible, in contrast to the story given by another murder defendant, Guy Sileo, which Heron found implausible.

The idea that Rivera gave Katelyn to people he knew is physically possible.  It is physically imaginable that he could have transferred Katelyn to such people.  However, compared to the alternative, it is not plausible, as it is a story that makes no known sense.  Nor is there any specifics as to whom these people he allegedly knows might be.  Daily Times readers are asked to use their imagination.

The alternative, that Rivera gave Katelyn to strangers, creates a coherent story when combined with other details of the case.  Based on everything that is known, the only plausible conclusion one can come to is that Rivera gave Katelyn away in the manner he said he did.

Footnotes

[1] Trial Transcripts, Jan 16, 2002, page 11

Questioning of prosecution witness, Donna Marie Davis:

Q. What did [Jennifer] tell you?

A. She hoped to accomplish having no contact whatsoever with Mr. Rivera and also Katelyn also to have no contact with Mr. Rivera, and to obtain full physical and legal custody of Katelyn Rivera.

[2] Trial Transcripts, Jan 15, page 48, 49.

Guy Smith, Defense Attorney, Opening Statement:

"You're going to hear from people who are going to tell you that on at least 4 occasions that [049] afternoon Robert Rivera attempted to give the child back to the mother, to simply return the child, and leave. And that on all of those occasions, he couldn't complete the task. He had -- he couldn't do it because the police tried to grab him. On one occasion she, the mother wouldn't come out of the house to just take the baby and she was hiding in the house with the police in the house, that they were saying one thing and doing another and in his fear of what they were doing he -- he ran away, but you'll hear that on 4 occasions he tried to give that child back that very day, give her back to her."

Trial Transcripts, Jan 16, pages 86, 87, 88.

Questioning of Michelle Lupi:

Q. And at that point you saw Jennifer?

A. She was at the door.

Q. And what was the Defendant doing?

A. He kept saying come and get Katelyn and he just kept telling her to come outside and get

Katelyn.

...

Q. What happened next?

A. I think it was a screen door, she would just come to the screen door and say hold on.

Q. For the record you are holding up your index finger?

A. Yes.

Q. She is holding up her index finger straight like that?

A. Yes, then she would go back into the house.

Q. And did the Defendant say anything else?

A. He just kept saying come and get Katelyn.

Q. And for how long was that going on?

A. Maybe four or five minutes.

Q. What happened next, did he say anything to you?

A. No, he said I think she is up to something. She was probably calling the cops ..."

...

Q. Did Jennifer ever come out of the house?

A. Not all the way, no.

Q. Not all the way?

A. No.

Q. What did she do?

A. She would just come off the porch onto the porch and like behind the screen door and she just kept on telling him to hold on. I think she was going in the house to call the cops."

[3] Letter to Investigative Reporters by Robert Rivera, page 5:

"Around five o'clock p.m. I picked up Michelle Lupe (using her car) and tried on four different times to drop Katelyn off to Jennifer while Michelle was with me in the car. Then four more times without Michelle."

[4] Trial Transcripts, Jan 18, pages 18, 19

Questioning of FBI Agent Donna Kibbie:

"Q. What did [Rivera] say?

A. He said he went down to the Dairy Queen, which is beyond Longwood Gardens.

Q. Is that south of Longwood Gardens?

A. South of Longwood Gardens; stopped there and then came back north. He said he made an illegal left turn into Longwood Gardens, and there was a fire station. The fire trucks had been out. And Katelyn liked the fire trucks, so he stopped there and looked at the fire trucks. Then he described there was a cemetery on the left and then the entrance to Longwood Gardens was to the right. They went into Longwood Gardens."

[5] Trial Transcripts, Jan 22, pages 52 - 53.

Robert Rivera about events with Katelyn earlier on the day of Aug 10: “I go out to my car, take off. I didn't know what to do, so we went to McDonald’s, first. We went to the Wilmington McDonald’s. And after that we went to the zoo in Wilmington for a while.”

See also photo of Robert with Katelyn near the NJ State Aquarium on the Camden, NJ dock of the Penn's Landing Ferry.

[6] Sept 13. 2000 Pretrial Transcript, pages 16-24

[7] Trial Transcripts, Jan 18, pages 125, 126

Questioning of Detective David Peifer:

"Q. I have to -- one thing I didn't mention to you, when [Rivera] first took you out to Longwood Gardens that night of the 11th, he told you that there were three big tour buses in the back that night; that he had seen big tour buses back there, is that what he told you?

A. Yes, sir.

Q. And you checked on that, too, didn't you?

A. We interviewed all the people on all three tour buses. And no one ever saw him or her out there.

Q. No, but my point is that you -- not what they saw. He said he saw three big tour buses there that night. You checked and found out that there were big tour buses there that night?

A. Yes, they were."

[8] Trial transcripts, Jan 17, pages 108, 109

Questioning of Olga Helton, Jennifer Helton's mother:

"Q. The phone rings about ten after 11:00. [a.m. on Aug 11]

A. Yes, sir.

Q. Who was on the other end?

A. It was a collect call. Robert Rivera.

Q. I'm sorry?

A. Robert Rivera.

Q. What did he say to you?

A. He wanted to talk to Jennifer. I told him she wasn't home. I said to him, I said, Rob, where's the baby? He told me that he had given the baby away to a woman that had lost a child. And that she was going to take good care of her. I said to him, Rob, why, why are you doing this to us? He said, Jen -- good mother and you and your husband are great parents --great grandparents. He said, but this woman's going to take good care of her, you know. I said to him, I said, Rob, why don't you give yourself up. Do the right thing. Give yourself up and tell every -- bring Katy back. I'm going to give myself up, he says. But I can't bring Katy back. I don't have her."

[9] Sept 13, 200 Pretrial Transcript, pages 11, 12, 14, 15

Testimony of Detective David Peifer:

"[Rivera] said that later that day he went to the Sunoco Station located at Route 1 and 100, and he purchased $2 worth of gas. He said he used a one dollar bill and four quarters. He said he then drove south on Route 1, and went to an area where there were pictures hanging up inside the lobby or foyer area of the building. He said he took Caitlin inside there and he met a woman who he thought was nice, and he asked her to take Caitlin, and explained to her that he was going to jail for a long time, and that Jennifer, her mother was unfit to take care of the child. The woman agreed to take Caitlin, they went to the rear--he said he told the woman he parked in the rear parking lot of the Longwood Gardens. That the subjects that he gave Caitlin to pulled over to him at that point he saw a male with this woman whom he assumed was her husband. He described that vehicle as a dark green Caravan with tinted windows. It had a blue and white tag on the back with a bird standing on one foot in the middle. He said the exchange took place in the parking lot, where he gave Caitlin to the woman and that he heard Caitlin say no daddy, at which time he turned his back on Caitlin, and didn't turn around again.

...

But during this interview he had agreed to direct us exactly how he had gone to Longwood Gardens. During this, I thought it was the Brandywine River and Art Museum that he was referring to, and later found out that it was Longwood Gardens. That is when the difference in distance became an issue as to the time and what he did exactly right after that.

Q. So what you are saying is that the confrontation, and I use the word confrontation figuratively. When you mentioned to him or made the observation that the times didn't fit. When did that occur?

A. Late on that evening, when he was directing us to the Longwood Gardens, which I thought was the Brandywine Art Center. He had mentioned there was artwork hanging in the building, and the first place I thought about near that gas station is the Brandywine River Art Center."

[10] Rivera had so little money that he had to pawn his watch for gas as noted in

Trial Transcripts, Jan. 16, pages 109, 110, 111

Questioning of John McCabe, gas station attendant:

"Q. I want to direct your attention to about 9:16 p.m. that same evening. You are still there at the

Sunoco Station?

A. Yes.

Q. Tell the jury what happened then?

A. The man came back.

Q. Who came back?

A. The Defendant came back and he pulled up to the -- can I point to the picture again?

Q. Sure you can.

A. He just pulled up back here to the parking spots.

...

Q. What happened next?

A. He told me a story about how he ran out of gas and he needed to go home to his wife because she was worrying about him. So he offered me a watch as kind of collateral that he said he would come back and get, and give me the money on another day. At first I didn't want to take the watch, because it is kind of weird to take stuff like that but he kept pressuring me to do it so I believed his story so I took the watch and he pulled over to the gas pump and I filled him up with $10 worth of gas."

[11] Pretrial Transcripts, Sept. 13, page 12

"... [Rivera] gave Caitlin to the woman and that he heard Caitlin say "No daddy"...