Nov. 22, 1975 Judy Rivera
B-4 B-4 B-4 THE SUN-TELEGRAM SUN-TELEGRAM SUN-TELEGRAM Parents offer to By ALAN ASHBV Sun-Tlgrm Sun-Tlgrm Sun-Tlgrm Staff Writer ' SAN BERNARDINO A couple accused accused of murdering their 3-year-old 3-year-old 3-year-old 3-year-old 3-year-old girl almost 10 years ao offered to take polygraph tests yesterday as the prosecution offered evidence that they may be lying. Attorneys for the two defendants have contended the girl may have been abandoned abandoned in San Francisco and is living with an adopted family, and they are willing to let their clients take lie detector detector tests. Dep. Dist. Atty. Betty Dyke, prosecuting prosecuting the case, filed a doctor's report with the court esterday. In it a I.oma Linda University bone specialist asserted that X-ray X-ray X-ray photographs of the daughter and a child found abandoned in Kan Francisco show that the two children are Dot the same person. Charged with murdering their daughter. Judy Rivera, are Antonio Rivera. 38, of Coltnn and his ex-wife, ex-wife, ex-wife, Merla Bueno, 35, of San Bernardino. The charge was filed after bones of a child were found and a coroner's inquest inquest held. Attorneys for both sides appeared before Judge Richard C. Garner yesterday yesterday afternoon for a hearing on numerous pre-trial pre-trial pre-trial defense motions. All of the motions motions were reassigned by Judge Garner to another judge for a hearing and possible trial to begin next Monday. Larrv P'reenian, Rivera's attorney, asked Garner to disqualify himself from the case on grounds the judge had been improperly influenced during a meeting between him and Mrs. Dyke earlier in the week at which newspaper publicity about the case was discussed. The defense defense attorney further stated the judge was a potential witness in one of Freeman's Freeman's motions. Without conceding the Frl., Nov. 22, 1974 accused take lie merits of Freeman's claims the judge transferred the case, noting that his administrative duties as superior court presiding judge would prevent him from devoting much time to the trial. Freeman and David Call, Mrs. Bueno's attorney, filed affidavits signed by the defendants asserting that they were willing to take lie detector (polygraph) tests to be given by an examiner agreeable to them and Mrs. Dyke. In the affidavits, the defendants expressed expressed their belief that the polygraph machine is not infallible, that evidence of a polygraph examination is not ad-missable ad-missable ad-missable in court, and that the only value of the examination is that the Bloominglon High won't open today Fist fights break out on By TOM S PRATT Sun-Telegram Sun-Telegram Sun-Telegram Staff Writer BLOOMINGTON - Blonmington High School was shut down shortly after noon yesterday after a series of fights broke out on the campus. Officials said they could determine no reason for the disturbance. The school won't reopen today, Principal Principal Thomas Hoy said. He announced the decision in a telephone call to the Sun-Telegram Sun-Telegram Sun-Telegram just after midnight, following a series of meetings with parents and others. He said the school staff hoped to "work through some of the problems we've been having" and have the school open again on Monday. Dr. Owen J. Cook, superintendent of of child's deatH detector tests district attorney may be "morally persuaded" to dismiss pending charges if the results are favorable to the defendants. defendants. They said Mrs. Dyke had offered to have such tests given. Mrs. Dyke's affidavit was filed in opposition opposition to a defense motion to dismiss the murder charges on grounds Judy Rivera had been abandoned in San Francisco and not murdered. A child's bones found in ths Jurupa Hills south of Fontana in February 1973 were determined by a coroner's jury last May to have been those of the missing Judy. Other Rivera children testified at a preliminary hearing that they last saw Judy early in 1965. The defense contends that the bones the Colton Joint Unified School District, confirmed today's closure when he was telephoned at home. Three persons, an adult and two teenagers who do not attend the school were arrested for investigation of loitering. loitering. School officials said no one was seriously injured. Officers were sent to the school by the San Bernardino County Sheriff's Department, the California Highway Patrol, the Colton Police Department and the Rialto Police Department about 12:30 p.m. They stayed there until about 2 p.m., when most of the students had left the school. Hoy said the disturbance began after five students complained in the morning are not Judy's, and that the child was actually abandoned in San Francisco. Physical characteristics of a child found in San Francisco in 1965 show that child may be Judy Rivera, they have asserted in court records. Mrs. Dyke said she had asked Dr. Walter L. Stilson, of the Loma Linda Department of Radiology, to compare X rays taken of Judy Rivera a the age of nine months with X rays of the girl found in San Francisco. The doctor reported, "The pelvis of the child In San Francisco is not the same pelvis as the child identified as Judy Rivera. These are two different children." they were being "hassled" by other students. students. About noon, he said, two girls were involved in another fight. "Then it just moved around the campus,' campus,' and we felt it was better to call in law enforcement before someone got injured," Hoy said. He said the disturbance consisted of several seemingly unrelated incidents that did not seem to be racially motivated. Lt. Gerald Hanna of the sheriff's department Fontana substation said deputies were notified of the problem about 12:15. Deputies who arrived about a half hour later saw "a lot of kids just standing around on campus," he said.