Convicted child molester appears in court
A Brownsville man who was previously convicted of repeatedly sexually abusing a relative and sentenced to 25 years in prison was back in court trying to get a new trial.
Juan Manuel Rivera, 31, who had been sentenced last week on a plea agreement, was back Thursday morning before 107th State District Judge Ben Euresti Jr. with his request for a trial.
Wearing an orange jumpsuit and brown sandals, with shackles on wrists and feet, Rivera whispered to his defense attorney Nat Perez as they stood before Euresti.
According to Brownsville police records Rivera was arrested on August 2009 for abusing a 10-year-old relative over a two-year period.
Perez told the judge that last week Rivera entered a no-contest plea and was sentenced to 25 years in the Texas Department of Criminal Justice as part of a plea bargain. However, on Friday afternoon Perez received a call from Rivera stating that he wasn’t satisfied with the case and wanted to file a motion for a new trial.
When Euresti asked Rivera what was wrong, Rivera replied. "I would like to talk to my attorney for a little bit, there are some things I don’t understand about the case."
A visually upset Euresti told Rivera that the case had been pending for over a year and he had had plenty of time to clear any questions with his attorney.
"Don’t waste my time," Euresti said. "I don’t have time for this. You have had two different attorneys and plenty of time. This case should be clear to you by now. Either you want a new trial or you don’t."
Rivera was given a few minutes to discuss talk with Perez and returned to withdraw his motion.
"I don’t want a new trial," Rivera said.
Perez asked Rivera on the record if he was satisfied with his defense and if he had been coerced or threatened into withdrawing the motion. He said he was satisfied with his defense and he was withdrawing the motion voluntarily.
Oscar Guzman, an assistant district attorney, asked Rivera on the record if he had previously given testimony about sexually abusing the victim; Rivera said he did.
Euresti acknowledged the withdrawal of the motion and sent Rivera back to serve his sentence.
