DNA discovery buoys defense in murder trial
An expert testing evidence in the Juan Rivera murder case has uncovered what one of Rivera's attorneys called a "significant development."
The lawyer said Friday the expert discovered genetic material found on a door to the apartment where Holly Staker was killed in 1992 that does not match any of the DNA profiles tested so far in the case.
"There are two specks near the hole in the door that have a male genetic profile," attorney Judy Royal said. "We consider this a highly significant development in the case."
Rivera, 35, is scheduled to go on trial Oct. 20 for the third time for the Aug. 17, 1992, rape and murder of the 11-year-old Waukegan baby sitter.
Rivera has been convicted twice and sentenced to life in prison each time, but the first conviction was overturned on appeal and Circuit Judge Christopher Starck ordered the third trial in 2006.
Police say Rivera was invited into the apartment where Staker was baby-sitting, then raped and stabbed her to death.
A DNA sample found on the girl's body does not match Rivera, but police say he told them he did not ejaculate.
In the confession presented at both trials, Rivera tells police he used a broomstick to punch a hole in the apartment door to make it look like someone had broken in to commit the crime.
Royal, one of Rivera's attorneys from Northwestern University's Center on Wrongful Convictions, said the profile of the specks does not match Rivera, sperm found on Staker, the boy who lived in the apartment or any of four men whose names surfaced early in the investigation who gave blood samples.
Lake County Assistant State's Attorney Michael Mermel said he would wait for a full report from the expert before commenting.
Once the report is complete, Royal told Starck, she hoped to have the profile matched against state and federal DNA databases of known felons.
Also on Friday, Starck rejected a defense request to remove himself from the case.
Chicago attorney Thomas Sullivan asked to present the motion during a secret hearing in Starck's chambers, and although Mermel objected, Starck allowed Sullivan to do so.
When the parties emerged from the closed-door session more than an hour later, Starck said the defense asked him to step aside because they believed he could not remain fair and impartial in the case.
Starck said they based their belief on statements he made about Rivera's guilt during both previous sentencing hearings, and rulings he had made on defense motions in the current case.
Starck said he had not been convinced his neutrality had been compromised.
"I believe I can be fair to Mr. Rivera and all sides of the case," Starck said. "As he stands before me right now, he has not been proven guilty of anything, and that presumption of innocence will stay with him throughout the trial."
He ordered the parties to appear in court May 15.
Rivera is held without bond in the Lake County jail.