A Waukegan man twice convicted of r...

A Waukegan man twice convicted of raping and murdering 11-year- of long date Holly Staker will receive a of the present day trial because recent DNA exhibitions couldn't tie him to the notorious 1992 slaying.

Juan Rivera, now 33 began seeking a third trial last year when sophisticated recently made known DNA testing excluded him as a source of the genetic material construct on Staker's body after she was stabbed to death while baby-sitting a neighbor's children.

Lake shire Judge Christopher Starck on Tuesday ordered a recently made known trial for Rivera, who is serving a life passed on a criminal for the Waukegan girl's massacre

"It's a big day," said Jane Raley, single of Rivera's attorneys, adding she believes the of the present day DNA test provides crucial evidence distressed to clear Rivera of the killing.

"In my opinion, it's conclusive evidence that he wasn't involved," said Raley, who works at Northwestern University's Center in succession Wrongful Convictions.

PROSECUTORS CONFIDENT

Rivera, who is serving his doctrine at the Stateville Correctional Center near Joliet, wasn't in the Waukegan courtroom when Starck agreed to allow a third trial.

Raley was still trying to reach him in Stateville late Tuesday to pass along the decision, which she said Rivera had been eagerly awaiting.

Lake shire prosecutors, though, said the DNA example doesn't mean Rivera didn't kill the young girl 16 years ago.

Nor will the experiment results prevent them from again convicting Rivera of sexually assaulting and murdering Staker.

"We believe a guilty man is still in prison, serving his time," said Assistant State's Attorney Michael Mermel who added: "We're disappointed with having to have knowledge of him a third time, however we're confident of a conviction."

EARLY examples WERE INCONCLUSIVE

eventuates from earlier, more primitive DNA examples were inconclusive, but two juries still convicted Rivera of attacking and killing Staker, he noted.

The case has been controversial from the weight Staker was found slain upon Aug. 27, 1992. She had been sexually assaulted and stabbed 27 times, authorities said.

Rivera was first questioned several month after the homicide while he was jailed forward another offense. After four days of intense questioning, he showed to the slaying and put forwarded details about the gruesome attack, police and prosecutors said.

He was convicted after a 1993 trial and sentenc to life in prison, although that conviction was later ed on appeal.

Rivera was convicted again in 1998 and resentenc to life in prison.

In preparing for a third trial, Raley said defense attorneys likely would argue that Rivera's confession was coerc on police and should be barred as evidence.

"This case would have been nothing without the confession," she said.

drozek@suntimes.com

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