Father describes aftermath of attacks on son

Kim Smith

Friday, Aug. 30, 2002 | 9:32 a.m.

Five years ago, "John" had a happy family, a home, cars and a thriving business that brought in nearly a million dollars a year in profits.

Now, his sons are traumatized, his house has been foreclosed on, his cars repossessed, his company is bankrupt and he owes the IRS for last year's taxes. His boys' mother is also drinking again.

"John," his face flushed bright red and tears streaming down his face, told District Judge John McGroarty Thursday that once he learned his 8-year-old son had been repeatedly raped by his babysitter he couldn't seem to focus on his business.

"John" took the stand Thursday during the sentencing of his son's assailant, Victor Manuel Rivera, 34. His real identity is being withheld by the Sun to protect the privacy of his son.

Rivera, convicted last month of eight counts of sexual abuse of a minor under 14, was handed eight life sentences by McGroarty.

According to prosecutors, Rivera went to work for John at his pool excavation business and began baby-sitting John's three children in June 2000 when he learned John couldn't find a reliable baby sitter.

Six months later, John noticed someone had used a marker to draw on his oldest boy's body. The boy told his parents, and later, a jury that Rivera had forced him to submit to at least 40 sex acts, some of them as Rivera's 10-year-old son watched.

Rivera insisted at his trial that he is innocent. On Thursday, he blamed his conviction on defense attorney Greg Denue and the son who testified against him after he refused to take a deal. He said the boy was coerced into taking the stand against him.

John and Deputy District Attorney Marc DiGiacomo said they were appalled Rivera essentially forced his own son to testify.

"To put these children through this is as incomprehensible to me as the molestation itself was," John said.

John told Rivera that even if he is never able to express remorse for his actions, he should get his son the help he needs and stop blaming him for the conviction.

McGroarty, who could have run all eight of Rivera's life sentences concurrently, gave Rivera three consecutive life sentences and five concurrent life sentences.

As a result, Rivera will serve a minimum of 60 years in prison before he is eligible for parole.

"Mr. Rivera, I presided over this trial. I saw the pain inflicted upon those two young boys who sat in that witness box and testified. I heard the anguish in their voices and saw the tears in their eyes. You've done this to them," McGroarty said.

Deputy District Attorney Marc DiGiacomo said he was pleased with the judge's ruling.

"I'm satisfied that the judge ensured that this individual will never ever get out of prison alive," DiGiacomo said. "He deserved 60 years just for making his son testify."