Lawyers will appeal decision to deny bond

The attorneys for a man facing his third trial for the 1992 slaying of a Waukegan baby sitter said Monday they will appeal a judge's decision denying bond for their client.

Juan Rivera, 34, has twice been convicted for the Aug. 17, 1992, rape and murder of 11-year-old Holly Staker and was sentenced to life in prison both times.

Chief Judge Christopher Starck granted Rivera a third trial last year after lawyers from Northwestern University's Center On Wrongful Convictions argued that new methods of DNA testing would provide a stronger case that Rivera did not commit the crime.

In June, attorney Jeffrey Urdangen asked Starck to set bond for Rivera, saying Rivera had become a religious convert in prison and had a job waiting for him.

But Starck denied the request, saying two juries had voted to convict Rivera of the murder and the DNA evidence against him had always been a contested matter in the case.

Urdangen asked Starck to reconsider the denial of bond Monday, then confirmed he would appeal the decision after Starck turned him down again.

Urdangen and Assistant State's Attorney Michael Mermel both told Starck testing on evidence from the case continues to be done at a California laboratory.

Both sides also agreed it was too soon in the testing process to set a date for the third trial.