Rivera guilty in 1992 murder; appeal promised
Strike three.
A Lake County jury deliberated a little more than 32 hours over four days before finding Juan Rivera guilty, again, of the murder of 11-year-old Holly Staker of Waukegan late Friday afternoon.
Rivera, 36, faces the same sentence of life in prison he received after his first two convictions during the 16-year case, but he will also be eligible for as few as 20 years when he is sentenced June 25.
The seven women and five men on the jury struggled with their deliberations, declaring they were deadlocked at one point and resolving a question of one juror's impartiality by themselves at another.
"I have never seen 12 people more dedicated to a task than the members of this jury, and we are gratified by their verdict," Lake County Assistant State's Attorney Michael Mermel said after the verdict was announced just after 4 p.m.
"By returning a just and fair verdict, they have ensured that a vicious murderer will remain off the streets."
Rivera's family and attorneys vowed the efforts to win his freedom would continue.
"This isn't over; this just makes the fight in us stronger," said Melissa Rivera, Juan's wife of nine years. "My husband was apprehensive going into this, because of what has happened in the past, but he knows the truth will one day come out."
Rivera did not testify during the 20-day trial.
Holly's body was discovered Aug. 17, 1992, in an apartment on Hickory Street in Waukegan where she had been baby sitting two young children. The cheerleader and middle school student had been stabbed 27 times, strangled and raped.
Two months after the murder, a jailhouse informant led police to Rivera by telling them Rivera had indicated he knew something about a possible suspect in the case. Over five days of questioning, Rivera confessed to the crime.
Michael Blazincic, now a deputy chief in the Lake County sheriff's office, was then an investigator with the Lake County Major Crimes Task Force and was one of the officers who questioned Rivera. He said the defense attacks on the conduct of police in the questioning of Rivera obviously did not convince the jury Rivera had been abused.
"I watched the jury as I testified, and I got a very positive feeling," Blazincic said. "As we have been saying for 16 years, there was nothing but the highest standards of professionalism exercised in this investigation."
Rivera was convicted of Holly's murder and sentenced to life in prison after trials in 1993 and 1998, but new trials were ordered after both convictions. Like those previous cases, much of the evidence and testimony in this trial focused on Rivera's confession and police conduct in obtaining it.
Rivera's defense team sought to discredit the confession with DNA evidence that showed Rivera was not the source of the sperm found in Holly's body. Prosecutors countered with evidence that Holly and her twin sister, Heather, had their first sexual experience when they were molested by a neighbor at 8 years old.
Prosecutors told jurors it was possible another man had molested Holly in the days before her death.
Thomas Sullivan, one of Rivera's lead attorneys, said his faith in Rivera was unswayed by the verdict.
"We intend to appeal," Sullivan said. "We believe in his innocence and will continue to fight tirelessly for him."
Jurors left the courtroom without commenting on their deliberations that almost derailed Thursday when they told Circuit Judge Christopher Starck they were deadlocked.
The issue was resolved after Starck told them to continue deliberating. Another problem arose Friday when one juror sent a note to Starck saying he no longer believed he could be impartial.
In the time it took Starck to compose a reply to the juror, a second note surfaced saying the issue had been resolved.
Holly's family was present for part of the trial but was not in the courtroom when the verdict was announced.
The jury in the 1998 case also declared itself at an impasse during deliberations, but continued to work and reached a verdict two days after they said there was no hope of doing so.
Guilty: Family, defense vows continued fight