Nov 20, 1974 Judy Rivera, page 1

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Nov 20, 1974 Judy Rivera, page 1 - .Murder Victim9 claimed alive By ALAN ASHBY ....
.Murder Victim9 claimed alive By ALAN ASHBY . Sun.Tle(jram Staff Writer Attorneys for a couple charged with murdering their 3 - year - old daughter almost 10 years ago claimed in court documents filed yesterday that the child may have been found alive in San Francisco. Francisco. Antonio Rivera, 38, of Colton, and his ex-wife, ex-wife, ex-wife, Merla Bueno, 35, of San Bernardino, Bernardino, are scheduled to go on trial for murder next Monday in San Bernardino Bernardino Superior Court. They are ac- ac- . cused of slaying their daughter Judy early in 1965. Last May a coroner's jury returned a two-fold two-fold two-fold finding that the bones of a child found in February 1973 in the Jurupa Hills south of Fontana were those of Judy Rivera, and that the child died at the hands of another not by accident. accident. Fractured ribs, probably from a blow, would have been sufficient to cause death, experts testified. Points of evidence linking Judy and the skeleton were a rare bone formation, malformed thigh bones, hair, and the size of the child. Other Rivera children told investigators that all of them except Judy . were left with a babysitter in 1965 and they never saw Judy again. Despite the urging of County Coroner Bill Hill, the parents refused to testify, taking the Fifth Amendment on the advice advice of their lawyers. In an affidavit filed yesterday, Larry Freeman, Rivera's attorney, revealed what may have been the reason the parents took the Fifth: The child was assertedly abandoned in a San Francisco gas station in the winter of 1964-65 1964-65 1964-65 because because she was "sick and in need of intensive care, which could not be obtained." obtained." Freeman's affidavit was filed in support support of a motion for discovery (release) of prosecution evidence to defense attorneys. attorneys. (Defense attorneys customarily have a right to all relevant prosecution evidence in any criminal case.) "After examination of all records, photographs and information in our possession, I now entertain a good faith belief that we have found the missing Judy Rivera and intend to make a good faith motion to have the pending murder-manslaughter murder-manslaughter murder-manslaughter case dismissed in the San Bernardino Superior Court as soon as all facts are in and can be presented," Freeman said in his affidavit.- affidavit.- According to the affidavit, Freeman and his co-counsel, co-counsel, co-counsel, David Call sent Vincent Vincent Palermo, a private investigator, to San Francisco to pursue information apparently provided by the defendants. Palermo was told about the circumstances circumstances of the alleged abandonment and even a description of the child as she supposedly appeared at that time. Palermo determined that a child matching Judy Rivera's general description had In fact been found in a San Francisco service station rest room, that there had been considerable newspaper publicity about the case, and that the child had been adopted and her records sealed by order of the San Francisco Superior Court. The child was named Judy Elaine Gasse, "That name being chosen b cause she was found in a gas station," and a fruitless search was conducted for the parents. Judy Gasse had digestive problem, a hip deformity, and was described as a Caucasian, Latin or Indian extraction all consistent with the parents' description of Judy Rivera at that time. "Medical records obtained from the San Francisco General Hospital with the assistance of a San Bernardino Superior Court order of Judge (Richard C.) Garner have been examined by me in a preliminary fashion," Freeman said, "and have shown a level of comparison and consistency with the information, I Continued on R 4, Column 5)

Clipped from The San Bernardino County Sun20 Nov 1974, WedPage 13

The San Bernardino County Sun (San Bernardino, California)20 Nov 1974, WedPage 13
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  • Nov 20, 1974 Judy Rivera, page 1

    rivercar2 – 06 Dec 2014

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