Judge won't reduce life sentence in Staker murder
A Lake County judge on Wednesday denied a request to change the life prison sentence he imposed on Juan Rivera for the 1992 rape and murder of an 11-year-old girl.
Rivera, 36, was convicted for the third time in May of the Aug. 17, 1992 slaying of Holly Staker, and was again sentenced to life in prison.
Chicago attorney Thomas Sullivan asked Circuit Judge Christopher Stark to reduce the penalty because Rivera will be housed in a maximum-security prison while serving a life sentence.
Because of that, Sullivan said, Rivera will not be able to participate in any further education or occupational programs offered to prisoners.
"He has made amazing strides in his education and occupation training," Sullivan said. "We would like to see him continue."
Assistant State's Attorney Michael Mermel argued that Starck had imposed the correct sentence.
"The court gave proper consideration to all the factors in aggravation and mitigation," Mermel said. "Just because another sentence would be more convenient is not a legal justification for altering."
Calling the crime "hideous and heinous," Starck said he believed he had given the right sentence to the right man.
"Not 12, not 24, but 36 citizens have found Mr. Rivera guilty beyond a reasonable doubt," Starck said. "It seems abundantly clear that Mr. Rivera is the murderer of Holly Staker."
The motion filed by Rivera's attorneys was the first step in their promised appeal of his conviction.