Third trial in Staker murder case to start Wednesday

Opening statements are expected Wednesday in the first-degree murder trial of Juan Rivera.

Rivera, 36, is accused of the Aug. 17, 1992, murder of 11-year-old Holly Staker, a Waukegan sixth-grade student who was baby-sitting two younger children on the night she was killed.

Rivera was convicted after trials in 1993 and 1998 and sentenced to life in prison both times.

The first conviction was overturned by the appellate court, and Lake County Circuit Judge Christopher Starck ordered a third trial in 2006.

Stark based his decision on DNA evidence that unquestionably excludes Rivera as the source of semen found inside Holly's body.

DNA evidence was used in the first trial when defense attorney's also argued it excluded Rivera and prosecutors claim the test results were inconclusive.

No DNA evidence was advanced in Rivera's second trial because of a controversy surrounding contamination of the evidence by a defense expert.

Prosecutors claim Rivera is the girl's killer based on a detailed confession he provided them. They say the semen is evidence that someone else had sex with the girl.

A 12-member jury was picked over the course of two day. The trial is projected to last three weeks.