Witness: Suspect in sitter murder displayed on behavior

While confined to a padded cell after confessing to the murder of Holly Staker, Juan Rivera was tapping his head against a solid object - the second time that night he exhibited such behavior, a witness testified Thursday.

Rivera, 36, has twice been convicted and sentenced to life in prison for the Aug. 11, 1992 rape and murder of the 11-year old Waukegan girl, but new trials were ordered after each conviction.

In the 12th day of testimony in Rivera's third trial in Lake County Circuit Court, sheriff's Lt. David Wathen said he was one of the officers detailed to watch Rivera in the cell.

Waffen said it was sometime after two detectives entered the cell to review Rivera's first confession that he saw Rivera standing in front of the window in the cell.

"He was standing in front of the glass, sort of rocking back and forth," Waffen said. "He began hitting the front of his head on the glass."

It was the second time on Oct. 30, 1992 that Rivera had exhibited the behavior. Earlier in the trial, detectives testified Rivera started hitting his head against the wall in the interview room where he made the confession. Detectives subdued him and placed him in the padded cell to prevent him from harming to himself.

Waffen and the detectives testified Rivera was "tapping" his head and not using any force.

Defense attorneys claim Rivera suffered a psychological breakdown under questioning, and the incidents are evidence of the breakdown.

Waffen said he was not alarmed by Rivera's behavior, but he did notify a command officer about it.

Under cross-examination by Assistant State's Attorney Eric Kalata, Waffen testified Rivera came out of the cell about an hour later to use the telephone and appeared fine to him.

A second corrections officer testified Rivera was "hog tied" for at least some of his time in the padded cell.

James Neal said he saw Rivera lying face down in the cell, with his hands cuffed behind him and the chain running from the leg irons Rivera was wearing looped through the chain connecting the handcuffs.

Neal said he had never before seen a prisoner restrained in that manner, and he reported it to a command officer.

Later, Neal said, he saw Rivera had handcuffs on his wrists in front of his body, but the leg iron chain was still looped through the handcuff chain and Rivera was still unable to stand or move.

The detectives who reviewed Rivera's statement with him in the cell testified earlier in the trial they removed both restraints from Rivera when they entered the cell.