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Posted: Thursday, 25 June 2009 1:56PM
Rivera sentenced to life for the third time
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WAUKEGAN, Ill. (STNG) -- The north suburban man convicted for a third time of raping and murdering 11-year-old babysitter Holly Staker in 1992 was again sentenced to life in prison for the slaying.
But attorneys for 36-year-old Juan Rivera said they already are starting work on an appeal to toss out the latest sentencing and conviction -- which came even though DNA evidence found at the murder scene didn’t match Rivera’s.
Rivera, who had been sentenced to life in prison following his first two convictions, sat stoically as Judge Christopher Starck, who has presided over all three trials, ordered him to spend the rest of his life behind bars.
Earlier, though, Rivera, insisted he didn’t assault, strangle or stab the Waukegan girl while she was babysitting two young children on Aug. 17, 1992.
“First and foremost, I am innocent,” Rivera said. “I seek the truth for myself and justice for Holly Staker.”
Both of Rivera’s earlier convictions were tossed out on appeal and new trials were ordered. He was convicted for a third time on May 8 by a jury that deliberated for nearly 35 hours over four days.
Staker’s relatives asked that Rivera receive a life sentence for her death, which they said still haunts their family.
“This hole in my heart will remain until I leave this life and see her again in heaven,” said her mother, Nancy Kalinowski, testifying during Rivera’s sentencing.
Holly’s twin sister, Heather, now 28, said every new trial makes her “relive this nightmare over and over.”
“Leave him to rot in prison and leave us be,” Heather said of Rivera. “Let my twin rest in peace.”
Staker’s relatives declined to comment as they left the courtroom.
Rivera’s relatives, though, said they remain convinced that ultimately this conviction will be overturned and that eventually he will be freed.
“We’re very confident. We know he will come out,” said Rivera’s brother, Miguel Diaz.
Rivera’s high-powered defense team, which included attorneys from Northwestern University’s Center on Wrongful Convictions, announced earlier that defense attorney Larry Marshall will handle Rivera’s appeals.
Marshall was one of the founders of the Northwestern center and helped win the acquittal of murder defendants in several high-profile Chicago area cases, including the Rolando Cruz case in DuPage County.
A critical issue in Rivera’s case is that DNA evidence found on Staker doesn’t match Rivera’s genetic profile.
Defense attorneys argued repeatedly during the trial that evidence excludes Rivera as the girl’s attacker. After the sentencing, Marshall also cited the DNA evidence, saying there is “compelling, overwhelming evidence of [Rivera’s] innocence.”
But Lake County prosecutors pointed to a detailed confession Rivera gave to police about the slaying.
The DNA could have been contaminated during processing, prosecutors argued, or it could have been left by another person who had sexual contact with Staker before her death.
Judge Starck said he opted again for a life sentence because he has little confidence in Rivera living a law-abiding life.
“I’m not confident he will ever do well if he was not in the Department of Corrections,” Starck said.
Prosecutors said they were satisfied that Rivera again was sentenced to life in prision.
“What should have happened is what did happen,’’ said prosecutor Michael Mermel.
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Copyright 2009 STNG Wire, The Chicago Sun-Times. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
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