Timeline of Alleged Murder

August 10, 1999

11:00 a.m. Rivera visits day care provider's house to see his daughter Katelyn, which he has done many times before.1  He said he just intended to visit her.  Provider's husband knows who he is and directs him inside.2  Day care provider, Sheila Clendening, tries to prevent him, mistakenly believing that Katelyn's custody arrangement bars him from visiting that day.  Arrangement only bars him from taking custody on days not assigned to him.  It does not bar him from visiting Katelyn while she is in someone else's custody.  While inside, Clendening becomes so hysterical, that Rivera takes Katelyn with him.  For this offense, Rivera would later be convicted of kidnapping and given 27 years on top of his sentence for murder.  This offense would also allow him to be charged with first-degree murder, as the charge must be accompanied by a felony offense.
11:00 a.m. – 4:15 p.m. Rivera leaves Boothwyn and takes Katelyn to a McDonald’s restaurant in Wilmington, Delaware.  They then stopped at the Wilmington Zoo.3  Afterwards, they went to Philadelphia and visited South Street and Boathouse Row.  Rivera called Jennifer's house to tell her that Katelyn was fine. He left messages, but was not able to reach Jennifer until 4:15 p.m.
4:15 – 6:15 p.m. Rivera attempts to return Katelyn to her mother, Jennifer Helton, numerous times.  He says eight, four times with his girlfriend, Michelle Lupi, and four times without.4  He is forbidden by court order from entering her property so he usually drives up and honks his horn. Rivera's girlfriend, Michelle Lupi, who accompanied him on four visits, said Jennifer would come to the door, motion to wait and then go inside and then presumably call the police5, which police reports indicate she did.  Since Jennifer did not want to come out, Rivera also asked her to send her brother or mother or father (who were at home) to take Katelyn.6  Rivera was forced to drive off numerous times to avoid being arrested.  Eventually he concludes Jennifer is not willing to accept Katelyn.
7:17 p.m. Rivera buys $2 worth of gas from Chadds Ford Sunoco at Rt. 1 and Rt. 100.7 Chadds Ford is about 9.9 miles west north west of Boothwyn. Station attendant, John McCabe sees a young child that he describes as a "she" in car.8 Both prosecution and defense agree the child was Katelyn.
7:25 – 8:45 p.m. Rivera proceeds into Chester County and drives into Longwood Gardens9 about 3.1 miles west of Chadds Ford on Rt. 1 in Longwood, PA. (South in terms of Rt. 1, which is a north-south route.  See map.) Longwood Gardens is usually closed at this time. However, Rivera said it was open. It was opened for a special occasion that night.10 Rivera also knew that three tour busses were in the rear parking lot.11
8:04 p.m. Sunset occurs in the Philadelphia area. (Data)
8:30 p.m. Time Rivera said he gave Katelyn away at Longwood Gardens according to FBI Agent Donna Kibbie.12 Rivera first spoke with a woman in the gift shop about his predicament. He then asked her if she would take Katelyn and an arrangement was made to meet in the back parking lot. In the parking lot he met the woman with a man driving their vehicle. He later said the license plate had a bird standing on one foot, which police determined to be a bay area Maryland tag with a herron in the middle. He gave the woman some info about Katelyn (shots, weight, etc.) and then gave Katelyn to her.13 Katelyn realized what was happening and said to him, “No, Daddy.”14
9:04 p.m. Rivera makes call from pay phone at Sunoco gas station at Rts. 1 and 202 in Painters Crossing15 about 5.3 miles east of Longwood Gardens. (North in terms of Rt. 1.) It is not known whether Rivera attempted to barter for gas or whether the station was open.
9:16 p.m. Rivera backtracks 2.2 miles to Chadds Ford Sunoco and pawns his watch for $10 worth of gas.16 Station attendant, John McCabe, does not see "the little girl" in Rivera's car.17 Katelyn is presumably not with Rivera.
9:20 – 10:15 p.m. Rivera travels from Chadds Ford, Pennsylvania to Elkton, Maryland. Police estimate 55 minutes travel time between two locations.18 Yahoo Maps Internet site estimates travel time to be 1 hour 6 minutes. Rivera presumably traveled east (North in terms of Rt. 1) towards Rt. 202 and then headed south on Rt. 202.
9:30 – 9:40 p.m. Rivera alleged to have thrown Katelyn’s clothes on Rt. 202 median in Tallyville, Delaware19 as he traveled south.20 This location is about 5 miles south of Rt. 1. The allegation does not specify time but the timeline highly suggests this time (if allegation is true). Rivera was short on gas and unlikely to make a special trip to this location.21 Inmate William Lively alleged that Rivera removed Katelyn’s clothes so her body would decompose more quickly.22 Thus, allegation implies Katelyn was buried by this time.
10:15 p.m. Rivera arrives at Whittaker residence in Elkton, MD. Time verified by reference to neighbor who left a class that ended at 10 p.m.23
10:30 – 11 p.m. Thomas Whittaker and Rivera talk and consume liquor outside the Whittaker residence in their boathouse.24 Whittaker reports getting a “good buzz.”25
11 p.m. – 12 a.m. Rivera retires to sleep on a couch and Whittaker goes to bed.26 (08/12/99 2200)

August 11, 1999

12 a.m. – 7:30 a.m. Rivera apparently sleeps on couch. If he had Katelyn’s body with him and wanted to bury it, it is unlikely that he would do so before dawn as he would not have been able to see. In addition, since he had been drinking, and perhaps had a “buzz” similar to Whittaker’s, it seems unlikely that he would be motivated to engage in heavy labor. Area within walking distance was heavily searched using cadaver dogs and human eyesight with negative results.
6:08 a.m. Sunrise occurs in the Philadelphia area. (Data)
7:30 a.m. Thomas Whittaker gets up and notices Rivera asleep on couch, then takes a shower.27
8:00 a.m. After finishing shower, Whittaker heard outhouse door slam. Whittaker says Rivera remained in outhouse for 20 to 30 minutes.28
9:00 a.m. Rivera leaves Whittaker residence according to Whittaker.29
9:00 – 10:30 a.m. Rivera travels from Elkton, Maryland to Claymont, Delaware, where he makes a phone call at 10:30 to Jennifer Helton in Boothwyn, Pennsylvania.30 Boothwyn is one mile north across the state border. Rivera presumably traveled on I-95 or I-495 and possibly on Rt. 40. Travel time between locations: about an hour. If one believes the shovel evidence, Rivera most likely buried Katelyn during this time after he left Whittaker’s house and before he left Maryland (between 9 and 9:30 a.m.). If Rivera had buried Katelyn while he was staying at Whittaker’s, he most likely would have tried to return the alleged shovel so that Whittaker would not miss it.
10:45 a.m. Rivera spotted in vehicle on Meetinghouse Rd. in Boothwyn near Jennifer’s house by her relatives. If Rivera murdered Katelyn, Katelyn was likely buried already as it seems unlikely that he would risk arrest with Katelyn’s unburied corpse with him.31
1:45 p.m. Rivera makes phone call to Jennifer's house. Speaks with Detective Reardon. Agrees to turn himself in, but wants to speak to Jennifer first.32
1:49 p.m. Rivera arrives at Jennifer’s house, honks and yells for Jennifer. He knew police were present. Police box his car in and arrest him.33
3:00 – 4:20 p.m. Jennifer Helton, Rivera's ex-fiancée and Katelyn's mother, meets with him in the conference room of the Township building. Rivera asked to speak with her, following his arrest. On three occasions during the meeting, Jennifer opened the door asked Detective Reardon, who was at a post outside the door, for more time to talk. At 4:20 p.m., Reardon opened the door and this time entered the room. He observed that Jennifer was sitting on Rivera’s lap with her arms around him. Jennifer indicated that they are finished talking. At this time, Jennifer was advised to leave the room and speak with Lt. Harris outside. Det. Reardon then requested Rivera disclose the whereabouts of Katelyn. Rivera only said that Katelyn was in a safe place, being taken care of.34

At trial, the prosecution would argue that Rivera hated Jennifer and wanted to hurt or kill her. The prosecutor theorized he killed Katelyn because he was unable to attack Jennifer.

7:50 – 8:50 p.m. Rivera agrees to accompany Lt. David Peifer and other investigators to show them the place where he gave Katelyn away. Being illiterate, he did not know the name of the place. He takes them to Longwood Gardens and shows them the spot in the parking lot where he gave Katelyn away.35

August 12, 1999

4:50 p.m. Whittaker’s mother, who lived in Aston, had apparently met Rivera and Helton or knew of them when her son and his family lived in Boothwyn. She read about Rivera that day in the newspaper. When her daughter-in-law, Sissy Whittaker, came to visit, her mother-in law, referring to a newspaper article said, “did you see what your old neighbors are up to?” Sissy tells her mother that Rivera had spent the night of Aug. 10 at their home in Elkton. Whittaker’s mother calls police at 4:50 p.m. and informs them of this fact.36
4:50 – 10:00 p.m. At 4:50 p.m. FBI Agent Donna Kibbie requests the Wilmington FBI office to send an agent to interview the Whittakers.37 An agent is sent. At Rivera’s trial in 2002, Whittaker claims that he reported to the agent that his shovel was missing.38 The agent reports back to Agent Kibbie, who then generates a long police report at 10 p.m. on the results of the interviews.39 Despite a search being mentioned, apparently for Katelyn’s body, no mention is made of any missing shovel.

August 13, 1999

9:35 a.m. Whittaker property searched the first time for the presence of Katelyn.40

August 14, 1999

11:30 a.m. Manager of Chadds Ford gas station (Sunoco) confirms from time stamped receipts that Rivera bought $2 worth of gas at 7:17 p.m. on Aug. 10 and $10 worth at 9:16 p.m.41

August 17, 1999

8:00 a.m. Second search of Whittaker property. Delaware County Criminal Investigation personnel are present including Lt. David Peifer. A bloodhound was used and was given Rivera’s clothing to sniff. On two occasions the dog went straight to the outhouse, but the dog showed no interest in going into the nearby woods. The dog’s handler had to force his dog to go into the woods.42
9:30 a.m. A business, Boulder Enterprises, was contacted to clean out the outhouse. After removing approximately 1.5 feet of waste, the cleaner, Tim Bouldin, determined there was nothing but waste in the outhouse.43

August 19, 1999

6:00 p.m. Prison informant William Lively and his attorney meet with investigators. Lively tells them that he feels that Katelyn is in Maryland based on his conversations with Rivera. Lively was told to keep speaking with Rivera.44

August 23, 1999

10:00 a.m. Lively relays information to Lt. Peifer about a missing Whittaker shovel (which is not reported missing in any known earlier reports). Lively reportedly tells him it is at a construction site in Maryland near the Whittaker’s.45
1:00 p.m. The shovel is located at a construction site off of Rt. 40, just south of the Delaware state line. The shovel is found and Whittaker identifies it as his own.46

August 31, 1999

7:30 a.m. A third, more extensive search begins of the Whittaker property and its surroundings. CID is present, although Lt. Peifer is not listed specifically.47 Peifer is known to be present at Whittaker’s later in the day. It is believed that Peifer obtains Katelyn’s hand-me-down clothes, including shoes and socks that were given by Rivera and Helton for the Whittaker’s 5-month-younger daughter to use. Whittaker admits later at trial that he and his wife received Katelyn’s hand-me-down clothes. It is believed that Peifer plants a shoe and sock from them in Tallyville, Delaware and contacts the prison informant about them before 6:15 p.m. that day (and probably before 5:45 p.m.).
5:45 p.m. Through his prison counselor, Lively informs Lt. Peifer (who is noted as being still on location at the Whittaker property) that Rivera buried Katelyn in a pit on Whittaker’s property about 100 yards from the rear of the house at a 10 o’clock position. Lively says Rivera put cinderblocks, leaves, sticks and dirt on top of the body. Area is searched extensively with negative results.48 Timing of useless information seems calculated, as it is relayed just a half hour before later information. Possibly, because it generates a timed police report, Peifer is establishing an alibi in case he is accused of planting evidence along a road he could possibly take back to Delaware County.
6:15 p.m. Through his prison counselor, Lively informs Lt. Peifer of information Rivera purportedly gave him. Rivera allegedly said he removed Katelyn’s clothes prior to burying her so that her body would decay faster. He then threw Katelyn’s clothes out the window of his car on U.S. Route 202 just south of the Pennsylvania border before one gets to the Pep Boys store.49 Information implies that Katelyn was buried in Pennsylvania and that Rivera disposed of the clothes on his way to Whittaker’s. It also implies that Rivera had no use for Whittaker’s shovel, as Katelyn had been buried more than an hour before he arrived at Whittaker’s.

Various law enforcement agencies including CID Detective Kelly respond to search for the missing clothes. They call for assistance from other law enforcement agencies including the Delaware State Police. Despite being lead investigator, Detective Peifer is not listed as responding to the search.50

8:50 p.m. Search begins for missing clothes.51
9:45 p.m. A yellow infant sock is located 1 ft. from the left southbound lane in the grassy median across from a Helzburg Diamonds store.52
10:45 p.m. A size four infant shoe is located across from a Precision Tune shop on the median.53

September 1, 1999

11:10 a.m. Jennifer Helton identifies shoe and sock as belonging to Katelyn.54
2:00 p.m. A more extensive search is made of the Rt. 202 corridor. Seven investigators are listed in the report of the search including two FBI agents and Detective Kelly from CID, but not Detective Peifer.55

Nov 1999 - Jul 2002

Nov. 23, 1999 Rivera is at the Delaware County Courthouse for a hearing and manages to meet after the hearing with Lt. Peifer.56 Peifer tapes parts of the conversation. While speaking off-tape, Rivera tells him, “I don’t want to go to jail for the rest of my life for something I did not do.” When Peifer turned the tape back on, Peifer got Rivera to agree to some long-winded questions that were innocuous in themselves. However, when Peifer later alleged that Rivera said, “If I tell you where Katelyn is, I’ll go to jail for the rest of my life,” Rivera’s answer sounds as though he is agreeing with Peifer incriminating allegation.
Mar. 2000 Thomas Whittaker is arrested for parole violation.57 He had previously been convicted of driving while under the influence of alcohol. While there he is given a position as a law library clerk, a position that seems to be given to cooperative informants.
April 2000 Rivera is charged with capital murder.
Sept. 2000 Rivera has a preliminary hearing.
Jan. 2002 Rivera is tried for the murder of his daughter Katelyn.
Jan. 23, 2002 Rivera is convicted of second-degree murder and kidnapping.
Before Mar. 9, 2002 Jennifer Helton files a petition to have Katelyn declared dead.58 Her interest in obtaining a death certificate ASAP corroborates Rivera’s claim that she has a $25,000 to $50,000 life insurance policy on Katelyn.59 Life insurance companies require a death certificate before they will pay off on a policy.
Mar. 11, 2002 Rivera is sentenced to life without parole for the murder charge plus 27 years for charges related to the alleged kidnapping.60 Jennifer Helton reminds Judge Keeler about issuing a death certificate for Katelyn. Rivera is transferred out of Delaware County Prison into the state prison system.
Mar. 5, 2002 William Lively is released from prison for his testimony at Rivera’s trial.61
June 18, 2002 Jennifer Helton gets Katelyn declared dead.62
July 2002 Rivera is known to be at the State Correction Institution at Dallas, PA (near Wilkes-Barre). He has remained there to the present.


1 Rivera’s Letter to Investigative Reporters, page 5:

“On my way to court to start my six months jail time, I detoured to the daycare center to say goodbye to my daughter Katelyn. When I got to the daycare center, the daycare person began to scream and yell at me that I wasn't allowed to see my child. The daycare had a history of abusiveness towards children and was under investigation at the time, so she had no room to talk. I took Katelyn and went to McDonalds, called Jennifer from there telling her Katelyn was fine, and with me.”

2 Trial Transcripts, Jan 22, pages 51 - 52

Robert Rivera: “So I know Katelyn's baby-sitter's -- the daycare is around the corner. I just wanted to say goodbye to her. I go to the daycare. It's been so many times I drop her off, pick her up by myself, never no problems. The front door is locked. The side door is always open. There's a lot of kids, and they all want to go out the front door. So she locks the front door. So I go around the back. Approximately ten feet away is her husband and some other man and a boat. He knows who I am. He said they're inside. I turned the door, started to go in. Somebody slammed it back on me. And that's when I pushed it back. It was a daycare lady. And she told me you can't be here, this and that. And I said I just want to see my daughter. And she said oh, you can't go near your daughter, this and that, you can't say goodbye to her. I didn't like the lady, to begin with, that much. But I was like who are you telling me I can't say goodbye to my daughter? So that's when I went to try to say goodbye to her. And everybody started yelling and screaming, so I picked her up, ran out the door.”

3 Trial Transcripts, Jan 22, pages 52 - 53.

Robert Rivera: “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.”

4 Letter to Investigative Reporters, 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.”

5 Trial Transcripts, Jan 16, page 88.

Questioning of Michelle Lupi:

“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.”

6 Trial Transcripts, Jan 22, pages 54 - 55.

Robert Rivera: “I was telling Jen, come out, come out, come get Katelyn. She's like, hold on, hold on, waiting, waiting. I told her why can't you tell your brother to come out, send your mother, your father, everybody was home. So she never--none of them ever came out. I waited and waited. Four different times she came to the door. So we left. Michelle started, you know, I don't want to get involved, they'll think I'm an accessory, this and that. So I dropped Michelle off two blocks away. I come back again. Four other times, I tried again. She came to the door, waiting, back and forth. So she took off, went back in the house.”

7 Police Reports, 08/14/99 at 1130 hours.

“On Saturday 08/14/99 at 1130 hours, this officer received contact from Janet Smith. Smith advised that she confirmed that Rivera purchased $2.00 worth of gas at pump 5 at 1917 hours on 08/10/99 and $10.00 worth of gas at pump 5 at 2116 hours on 08/10/99. (Note: Trooper Todd Hersey PSP Avondale retained the original receipts from pump five and has turned them over to Lt. Peifer).”

8 Trial Transcripts, Jan 16, page 105.

Questioning of Gas Station Attendant John McCabe by Prosecutor Reilly:

“Q. Now who was driving the car?

A. A man.

Q. Do you see that man here today?

A. Yes.

Q. Would you point him out for us and tell us what he is wearing?

A. He has a green shirt with a chain.

Q. Sitting next to his lawyer?

A. Yes.

Q. Was there anyone else with him at that time?

A. Yes, there was a young child.

Q. Where was the young child?

A. She was sitting on the passenger seat, the passenger seat was reclined all the way down.  She was on her hands and knees facing the back of the car.

Q. So she was in the front of the car?

A. Yes.

Q. In the passenger seat?

A. Yes.”

9 Trial Transcripts, Jan 18, pages 76 - 77.

Questioning of Lt. Peifer by Prosecutor Reilly:

“Q. Now once you had questioned him [Rivera] at Upper Chichester Police Department, where did you go?

A. He then agreed to take us on the route. … Then we went by the Brandywine Art Museum, and I said is that the location you went to, and he said, no, it's further out. We continued past the stone overpass that's out by Longwood Gardens. We went past that to a Dairy Queen, where he said he made a U-turn through the parking lot, came back north on Route 1 to the firehouse, which would now be on the left side on the southbound side lanes. He then made an illegal left, past the firehouse, and he said there were fire trucks out. And he pulled in there and was walking around the fire trucks with Katelyn, because Katelyn liked fire trucks. He then went back to the car and then pulled over into the Longwood Gardens parking lot.”

10 Trial Transcripts, Jan 18, pages 120 - 121.

Cross-Examination (Questioning) of Lt. Peifer by Mr. Smith, Rivera’s attorney:

“Q. And then when you got there [to Longwood Gardens], he [Rivera] told you certain times that he said he was there, didn't he?  In other words, he said the time he was there, the night before when he was there and gave Katelyn to the people, right?

A. Yes, sir.

Q. And you checked on that and found out that Longwood Gardens is normally closed at that time, didn't you?

A. Yes, I did.

Q. But then you further checked and found out that that night, that would have been the night of the 10th, that there was a special event going on at Longwood Gardens and that it was, in fact, open that night, right?

A. That is correct.

Q. So when he said he was there at a certain time, normally the place would have been closed.  In other words, normally, on a regular routine day, not a special event, it would have been closed at that time?

A. Yes, it would have been closed.

Q. But on that particular night there was, in fact, a special event on that night and it was open at the time he said he was there with Katelyn?

A. That's correct.”

11 Trial Transcripts, Jan 18, pages 125 - 126.

Cross-Examination (Questioning) of Lt. Peifer by Mr. Smith, Rivera’s attorney:

“By Mr. Smith:

Q. I have to -- one thing I didn't mention to you, when he [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.”

Note: Rivera presumably did not enter the paid area of Longwood Gardens as other evidence indicated that he was broke and could not afford the $6 to $8 adult admission fee. The bus passengers would not likely see him unless they entered or exited while he was there.

12 Trial Transcripts, Jan 18, page 16.

Questioning of Donna Kibbie:

“Q. Did he say at what time he gave Katelyn away to these strangers?

A. He said it was approximately 8:30 p.m.”

13 Police Reports, 08/11/99 at 1950 hours.

“At 2005 hours, Lt. Peifer advised that Rivera provided information as to what he did with Katlyn. Peifer advised that Rivera took Katlyn to numerous location throughout the day on Tuesday, but at sometime around 8.00p.m.-8:30p.m., Rivera met a female in the gift shop area of Longwood Gardens in Kennett, Pa. He spoke with this female and told her how bad of a mother Jennifer was to Katlyn. He then asked this female if she would take Katlyn and an" arrangement was made to meet in the back part of the parking lot outside of the giftshop and entrance. Once outside, they met towards the back of the lot and pulled next to each other next to a light standard. Rivera stated that the female was with a male who was driving the vehicle. Rivera described this vehicle as a qreen Caravan, tinted windows, with Md. tags. (the bay area tag with a herron in the middle). The female was described as 5’7" dark curly hair, dark eyes, thin 130 lbs., regular type glasses, late 20s, early 30s. The male was heavey set, late 30s, some side burns, with dark short hair. At this time, Rivera said he gave the female some info about Katlyn (shots, weight etc.), turned his head, gave Katlyn to her, and walked away (not looking back). The van then exited the lot and he followed shortly after.”

14 Trial Transcripts, Jan 18, pages 14 - 15.

Questioning of FBI Agent Donna Kibbie:

“Q. Did he describe to you how he and Katelyn parted when he gave Katelyn to these strangers?

A. When he was giving her to the strangers, he said she said, ‘No, Daddy.’ And then he just closed his eyes and gave her away.”

15 Trial Transcripts, Jan 18, pages 76 - 77.

Detective David Peifer: “As we passed the Sunoco Station at Route 1 and 202, Mr. Rivera pointed to a phone and said [077] that's where I spoke to you from. There was a call made about 9:00, 9:04, to the Helton residence. And he indicated that's where he made the phone call from.”

16 Trial Transcripts, Jan 16, page 111.

John McCabe, Gas Station Attendant: “He [Rivera] 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.”

17 Trial Transcripts, Jan 16, page 111.

Questioning of John McCabe, Gas Station Attendant:

“Q. Did you see the little girl?

A. No.

Q. No little girl in the car?

A. No.”

18 Police Reports, 08/20/99 at 1000 hours.

Excerpt: “It was learned from Trooper Hersey (Avondale PSP) that from Rt. 1 & Rt. 100 to 34 Woodduck Lane in Elkton is 37.9 miles and takes about 55 minutes one way.”

19 Police Reports, 08/31/99 at 1815 hours.

“On Tuesday 08/31/99 at 1815 hours, Lt. Peifer received additional info from Brandon Hickey thru the informant, indicating the location of the clothing of the child. The info was that Rivera threw the clothing out the car window along Rt. 202 in Delaware before you get to the Pep Boys in Tallyville.”

20 Trial Transcripts, Jan 17, page 205.

Questioning of William Lively, Prison Informant:

“Q. Okay. Hold on for a minute, Mr. Lively. Now what was he -- what exactly did he tell you was the area where he threw the clothing out?

A. I remember him saying -- I believe just over the state line. If you pass near Concord Mall or some mall, if you pass -- I believe it was Pep Boys then he's gone too far.”

21 Trial Transcripts, Jan 16, page 111.

22 Trial Transcripts, Jan 18, page 102.

Questioning of Detective Peifer:

“Q. Did you actually speak to Lively on the phone?

A. Yes, I did.

Q. What did he say?

A. I said we're not finding anything in this area down here, this map. ... He goes well -- he also told me that he had removed Katelyn's clothing prior to burying her so that her body would decompose faster and that when he was driving down 202 he threw the clothing out of the car, off the highway, in the area of the Pep Boys. If you go to the Pep Boys, you went too far.”

23 Police Reports, 08/18/99 at 0800 hours.

Excerpt: “Upon arrival, Tom Whittaker approached Det. Reardon and advised that he is sure of the time Rivera came to his home on 08/10/99. Whittaker advised that he now recalls that he was at his neighbor's house (Joe) visitinq on Tuesdav 08/10/99. Joe's wife teaches a class in Elkton and leaves class and 2200 hours. It takes her 10 minute (or so) to get home. Whittaker advised that when Joe's wife got home, he left and walked to his house. Upon his arriyal at his home, Rivera arrives, which is about 2215 hours. This info was provided to Lt. Peifer for Time Line purposes.”

24 Trial Transcripts, Jan 16, page 137.

Questioning of Thomas Whittaker:

“Q. Now tell he what happened when you and the Defendant went out to the boathouse?

A. We went out to the boathouse, went in the back. I had my tool box back there, we went into the back of the boathouse and I sat down and grabbed, I had a little bottle of liquor in there and I pulled that out and took a swallow, and offered the Defendant some and he drank.

Q. Were the two of you talking to one another?

A. Yes sir.”

25 Trial Transcripts, Jan 16, page 153.

Questioning of Thomas Whittaker:

“Q. Now that night, the night of August 10 when Robert Rivera showed up. You testified on direct examination that you went into this little back boathouse and you had a swallow of liquor from a little bottle that you kept back there?

A. Yes sir.

Q. And that he also had a swallow of liquor?

A. Yes sir.

Q. Do you remember talking to the police about that?

A. Yes sir.

Q. Did you tell the police that in fact you got pretty buzzed, I believe was the word you used?

A. I said I had a good buzz.”

26 Trial Transcripts, Jan 16, page 138.

Questioning of Thomas Whittaker:

“Q. What happened then?

A. We left the boathouse and went back up front.

Q. Back up into the cottage?

A. Yes sir.

Q. What happened then?

A. We sat up a little bit and threw him a blanket and pillow for the couch and went back and got undressed and we all went to bed.

Q. And the Defendant you said slept on the couch?

A. Yes sir.

Q. About what time did you go to bed, do you know?

A. Not really, I would say between 11 and 11:30.”

27 Trial Transcripts, Jan 16, pages 138 - 139.

Question of Thomas Whittaker:

“Q. What time did you get up the next morning, August 11, 1999?

A. I would say about 7:30, 1 didn't have to [139] be to work until ten o'clock, so I would say about 7:30 I got up.

Q. Was the Defendant awake when you got up?

A. No, he was sleeping on the couch still.

Q. Still asleep. So when you got up what did you do?

A. I got up, went out back. I got my clothes, went out back to use the bathroom. Well I dropped my clothes off at the shower. Went to use the bathroom and then hopped in the shower.”

28 Police Reports, 08/12/99 at 2200 hours.

“Tom gets up about 0800 hours and notices Rivera is still sleeping. Tom takes a shower and by the time he is finished, Rivera is up and out of the residence. At this time, Tom hears a door slamp and looks outside. He thought Rivera was sneaking away, but he then noticed that the door to his outhouse was closed and it is always open when no one is inside. Tom assumed Rivera was inside the outhouse. Rivera was gone for 20 to 30 minutes, but he then returns to the inside of the residence. Rivera talks some and then leaves about 0900 hours.”

29 Police Reports, 08/12/99 at 2200 hours. Same as previous footnote.

30 Police Reports, 08/11/99 at 1035 hours.

“On Wednesday 08/11/99 at 1035 hours, Ptlm. Gray (UCPD) received a landline call from Jennifer Helton. Jennifer advised Gray that she just received a phone call from Rivera. … Jennifer completed a *57 trace on this call and then *69’d the call. She advised that the *69 came back to 302-798-4920. At this time, Lt. Harris … obtained an origin of the call at a payphone located at Tracey's Gulf of United Teleconnect address: 11 Grandview Ave. in Brookhaven. At this time, thinking that Rivera is calling from the Tom Jones resturaunt, a Brookhaven PD car is sent to that location. Upon arrival at Tom Jones, Brookhaven PD advised that said Tracey's Gulf is owned by United Teleconnect and the address is Naamans Rd. and Peachtree Rd. in Claymont De.”

31 Police Reports, 08/11/99 at 1035 hours. See previous footnote.

32 Police Reports, 08/11/99 at 1345 hours.

“Det. Reardon requested to speak with Rivera. He did breifly speak with Reardon. He said he was going to turn himdelf in, but he would needed to speak with Jennifer.”

33 Police Reports, 08/11/99 at 1345 hours.

“At 1458 [1348?] hours Robert Rivera pulled up in front of 2623 Sharpless Ave. in the 95 red Ford Escort. He began angerlv honking the horn yelling for Jennifer to "come on" and get into the car. Det. Reardon requested Jennifer to stand in the door way of the porch and request that Rivera come into the house. At 1349 hours, Assisting officers arrived and boxed in Rivera's vehicle as he attempted to flee. Rivera was taken into custody without incident and placed into the rear of patrol unit #3.”

34 Police Reports, 08/11/99 at 1500 hours.

“On Wednesday 08/11/99 at 1500 hours, Rivera indicated that if he could speak with Jennifer, that he might disclose the whereabouts of Katlyn. At 1520 hours, Jennifer Helton arrived at police HQs where she agreed to meet and speak with Rivera. Rivera was secured to a chair in the conference room of the Twp. building. Both Jennifer and Rivera spoke for nearly 1 hour 20 minutes. Det. Reardon maintained a post outside of the conference room door. Det. Reardon could not hear the conversation between Jennifer and Rivera, but Reardon could hear both Jennifer and Rivera crying at times and they were talking about the problems between them. Rivera appeared not to tell Jennifer anything about Katlyn or her whereabouts. On three occasions during the meeting, Jennifer opened the door to indicate that she was fine and asked for more time to talk. After about 1 hour, 10 minutes, Det. Reardon opened the door to check on Jennifer. At this time, Det. Reardon observed Jennifer standing on the same on the table side as Rivera in front of him. Jennifer turned to Reardon and advised that she was fine and everything was going ok. At about 1 hour, 20 minutes, Det. Reardon again opened the door and this time entered the room. Det. Reardon observed that Jennifer was now sitting on Rivera’s lap with her arms around him. Jennifer indicated that they are finished talking. At this time, Jennifer was advised to leave the room and speak with Lt. Harris outside. Det. Reardon then requested Rivera disclose the whereabouts of Katlyn. Rivera refused. He stated that in his heart, he knew Katlyn was in a safe place, being taken care of.”

35 See Trip Testimony (Given by Lt. Peifer, Sept. 13, 2000)

36 Police Reports, 08/12/99 at 1650 hours.

“On Thursday 08/12/99 at 1650 hours, SA Donna Kibbie (FBI) received a phone call from Jerry Whittaker (849 Ellston Rd. Aston, Pa. 610-558-2802 (W) 610-644-4665). Jerry Whittaker advised Kibbie that she is the mother of Tom Whittaker and mother in law of a Sissi Whittaker. Tom and Sissi live at 34 Wood Duck Lane in Elkton, Md. Jerry advised that Tom and Sissi at one time were the neighbors of Robert Rivera and Jen Helton while they lived at 2806 Chi Ave. #1. in Boothwyn. Jerry further stated that Sissi came to visit her this morning (8/12/99) and upon arrival, Jerry said to Sissi, "did you see what your old neighbors are up to (refering to an article in the Daily Times about Rivera taking Katlyn)? Sissi avised Jerry that Robert Rivera spent the night at her home on Tuesday night (8/10/99). At this time, SA Kibbie requested an Agent from the Wilmington FBI office to respond to Sissi and Tom Whittaker’s residence for an interview.”

37 See end of previous footnote.

38 Trial Transcripts, Jan. 16, page 145.

Questioning of Thomas Whittaker:

“Q. When is the next time that you went into the boathouse?

A. The next time I went into the boathouse was the day after, when the FBI agent that was down there.

Q. What did the FBI agent ask you to do?

A. The FBI agent asked me if he could go into the boathouse, and he asked me to look around to see if there was anything missing.

Q. So did you go into the boathouse?

A. Yes I did.

Q. And what did you notice?

A. Well I looked around and I noticed that my spade shovel was gone.”

39 Police Reports, 08/12/99 at 2200 hours.

40 Police Reports, 08/13/99 at 0935 hours.

“On Friday 08/13/99 at 0935 hours, investigators (including writer, CID Det. Peifer, Kelly, & Costello / FBI SA Kibbie / PSP trooper Todd Hersey) along with several search & rescue teams (including East Coast S&R and Delaware Valley S&R) responded to 34 Wood Duck Lane Elkton, Md. for the purpose of conducting a search for Katlyn Rivera. Said search included dividing the rear of the property at 34 Wood Duck into sections and searching each section methodicly using dogs. A grid search was also conducted to the rear of the property using 12 persons walking arm length apart looking for any disturbed earth. Furthermore, the search & rescue teams walked along the shoreline, which is directly across the dirt street from 34 Wood Duck Lane., approximately 100 feet away. At this time, these search did not produce any evidence for the presences of Katlyn Rivera.”

41 Police Reports, 08/14/99 at 1130 hours.

“On Saturday 08/14/99 at 1130 hours, this officer received contact from Janet Smith. Smith advised that she confirmed that Rivera purchased $2.00 worth of gas at pump 5 at 1917 hours on 08/10/99 and $10.00 worth of gas at pump 5 at 2116 hours on 08/10/99. (Note: Trooper Todd Hersey PSP Avondale retained the original receipts from pump five and has turned them over to Lt. Peifer).”

42 Police Reports, 08/17/99 at 0800 hours.

“On Tuesday 08/17/99 at 0800 hours investigators met at 34 Woodduck Lane in Elkton. Md. for the purpose of a search and rescue operation using a bloodhound dog and Rivera's clothing. Cpl. Erik Fogle (Maryland State Police 1 800 811 1981) conducted a search utilizing Rivera's clothing. The clothing was placed in the center of the yard. On two occasions, his dog went right to the outhouse at the rear of the yard. Cpl. Fogle advised that his dog did not show any interest in going into the wooded are behind the outhouse and he had to force his dog to go into the woods. Also on location during this search was the following; The FBI (Janet Crawford, Donna Kiddie, Greg Ault), CID (Peifer, Kelly, Costello), UCPD (Reardon), Cecil County Sherrifs (Cpt. Plummer, Det. Erwin), Maryland State Police (Fogle), and PA State Police (Trp. Hersey). The following Search & Rescue teams were also present; Del Val S&R, Palisades S&R, and West Jersey S&R.”

43 Police Reports, 08/17/99 at 0930 hours.

“On Tuesday 08/17/99 at 0930 hours, Boulder Enterprises (Elkton, Md. 410-398-9060) was contacted for the purpose of cleaning out the outhouse. A Tim Bouldin responded and after cleaning out approximately 1.5 feet of waste determine that there was nothing but waste in the outhouse.”

44 Police Reports, 08/19/99 at 1800 hours.

“On Thursday 08/19/99 at 1800 hours, investigators met with Delaware County Prison immate William Lively. Lively indicated he had info for investigators regarding Rivera and Katlyn. Lively's attorney was also present. Lively had conversations with Rivera in prison and stating that he feels the child is someplace in the area of the Whittaker's residence in Md. It was felt that Lively did not produce any info that investigators were not already aware of. Lively was told to keep speaking with Rivera and that the child must be found before any agreements with him could be considered.”

45 Police Reports, 08/23/99 at 1000 hours.

“On Monday 08/23/99 at 1000 hours, Lt. Peifer advised Det. Reardon that he received informant information about a possible location of the missing Whittaker shovel. This info indicated that the shovel was at a construction sight in Md. near the Whittaker's.

46 Police Reports, 08/23/99 at 1000 hours.

“At 1300 hours, Det. Reardon received info from Lt. Peifer that the shovel was location at a construction sight on Rt. 40 in Elkton, Md. just south of the Delaware state line. This shovel was positively ID’d by Tom Whittaker and was taking as evidence by Cecil County Sherrifs.”

47 Police Reports, 08/31/99 at 0730 hours.

“On Tuesday 08/31/99 at 0730 hours, investigators responded back to 34 Wood Duck Lane in Elkton, Md. for the purpose of a more extensive search and rescue mission. Law enforcement on location were UCPD, CID, FBI, and Cecil County Sherrif's. Search and Rescue teams were Palisades, West Jersey, Del Val, East Coast, and Phila Police. This search consisted of the entire wooded area behind 34 Wood Duck, the roads leading up to Wood Duck, as well as the water shore line. The search netted negative results.”

48 Police Reports, 08/31/99 at 1745 hours.

“On Tuesday 08/31/99 at 1745 hours, while inviestigators were still on location at Wood Duck Lane, Lt. Peifer received info from Prison Counselor Brandon Hickey that he (Hickey) learned thru an informant (William Lively) that Rivera placed the child in a pit about 100 yards from the rear of Whittaker's house at about 10 o'clock. He placed cinderblocks, leaves, sticks, and dirt on the body. Investigator sectioned off this area and searched same (using the dogs) with negative results.”

49 Police Reports, 08/31/99 at 1815 hours.

“On Tuesday 08/31/99 at 1815 hours, Lt. Peifer received additional info from Brandon Hickey thru the informant, indicating the location of the clothing of the child. The info was that Rivera threw the clothing out the car window along Rt. 202 in Delaware before you get to the Pep Boys in Tallyville. Det. Reardon (UCPD) and Det. Kelly (CID) responded to this area and requested assistance from DSP, UCPD, and Bethel PD.”

50 Police Reports, 08/31/99 at 1815 hours. See previous footnote.

51 Police Reports, 08/31/99 at 2050 hours.

“On Tuesday 08/31/99 at 2050 hours, the search along Rt 202 began with the assistance of Cpl. Pam Martin of DSP Troop #1, Ptlm. Mitchel (UCPD), and Ptlm Murphy and Ptlm. Fields (Bethel PD).”

52 Police Reports, 08/31/99 at 2050 hours.

“At 2145 hours, at Rt. 202 south at Helzberg Diamonds, Cpl. Martin located a yellow infant sock on the grass median about 1 foot from the left lane. Det. Welsh (CID) responded to take sock as evidence.”

53 Police Reports, 08/31/99 at 2050 hours.

“At 2245 hours, at Rt. 202 south at Precission Tune, Cpl. Martin located a white size 4 infant sneaker (with a design on the front). Det. Welsh responded to take the sneaker as evidence.”

54 Police Reports, 09/01/99 at 1110 hours.

“On Wednesday 09/01/99 at 1110 hours, investigators (Peifer, Kibbie, Reardon, Kelly, Costello) responded to 2623 Sharpless Ave. Upon arrival, Jennifer Helton was shown the sock and sneaker that was recovered on Rt 202 as evidence. Helton immediately identified both pieces of evidence as belonging to Katlyn Rivera Helton.”

55 Police Reports, 09/01/99 at 1400 hours.

“On Wednesday 09/01/99 at 1400 hours, investigators responded back to Rt 202 for a more extensive search. UCPD (Reardon, Kennard, Mark, Lindelow), CID (Kelly), and the FBI (O'Dowd, Ault) participated in the search for more clothing. The entire stretch of Rt. 202 north and south bound from Genardi's to Precission Tune was searched with negative results.”

56 Tape Recording Testimony, pages 47 to 76 of Sept. 13, 2000 court hearing transcript.

57 Trial Transcripts, Jan. 16, page 148.

Question of Thomas Whittaker

“Q. Mr. Whittaker, there was a point after you had identified this shovel when you wound up in Delaware County Prison is that right?

A. Yes sir.

Q. When was that?

A. March of 2000.

Q. And why did you -- how did you wind up in Delaware County Prison?

A. It was an old violation charge.

Q. You violated your parole?

A. Yes sir.

Q. What was the charge?

A. It was an old DUI.

Q. And you wound up in Delaware County Prison?

A. Yes sir.

Q. Did you see the Defendant when you were in Delaware County Prison?

A. Yes I did.

Q. Where did you see the Defendant?

A. In the Law library.

Q. Why were you in the Law library?

A. I got me a job working in the Law library.”

58 Delaware County Daily Times, 3-12-02

“A petition by Helton to have Katelyn declared dead and a death certificate issued will be decided at a later date because defense attorney Guy Smith said he received the paperwork on the matter last Saturday and has not had enough time to review the petition. [Rivera’s trial prosecutor John F. X.] Reilly explained the death certificate is a civil matter. Pennsylvania law states when a person is missing and has been exposed to peril, the court can make a decision on issuing the certificate.”

59 Letter dated 9-24-02 (Excerpts from Letters)

“…the judge has signed the death certificate and now she [Jennifer] can get the money from the life insurance policy. The policy is from 25,000 to 50,000 dollars.”

60 Delaware County Daily Times, 3-12-02

“Convicted murderer Robert Rivera yesterday stood shackled and silent before Judge Charles Keeler as he was sentenced to life in prison for killing his 20-month-old daughter, Katelyn Selena Rivera-Helton. Keeler added an additional total of 27 years to Rivera's sentence, for burglary and interference with child custody, to be served consecutively to the life sentence. Assistant District Attorney John F.X. Reilly asked for the consecutive sentences on the additional charges ‘to send the message that he should die in prison.’”

61 Delaware County Daily Times, 3-6-02

“William Lively has admitted that while he was behind bars, he fabricated documents and lied to get information that helped convict baby-killer Robert Rivera. Lively, 35, didn't collect any reward money. But yesterday he didn't get any added jail time either on unrelated charges of receiving stolen property and terroristic threats. Judge Robert C. Wright sentenced him to a minimum of six months in jail, which amounts to time served. Lively walked out of court a free man. He has already served seven months in jail and five months on home monitoring, according to defense attorney Lawrence Foti. Assistant District Attorney John F.X. Reilly, who prosecuted Rivera, was on hand to tell Wright about Lively's cooperation in the Rivera murder case. The defendant helped elicit incriminating information from Rivera in jailhouse chats that led police to the discovery of a shoe and sock belonging to tiny Katelyn Rivera Helton, whose body has never been found. Lively also provided a statement regarding a shovel which he quoted Rivera as admitting he used to bury his 20-month-old daughter's body in August 1999. ‘That evidence was crucial in the commonwealth's prosecution (of Rivera),’ Reilly told the judge.”

62 Delaware County Daily Times, 6-19-02

Article Title: “Katelyn’s Dead, Judge Decides.” Photo Caption: “A county judge yesterday legally declared Katelyn Rivera-Helton dead.” Text: “Helton moved to have Katelyn officially declared dead. The order signed by Judge Charles C. Keeler came six months after the child's father, Robert Rivera, 35, of Upper Chichester, was convicted of second-degree murder in his baby daughter's killing.” Note: The order signed on 6-18-02 was less than 5 months after Rivera was convicted on 1-23-02.