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The Honolulu Advertiser
Posted on: Thursday, February 28, 2008

Choked tot bouncing back, dad says

Photo galleryPhoto gallery: Elly Rivera makes court appearance

By Jim Dooley and Dan Nakaso
Advertiser Staff Writers

Hawaii news photo - The Honolulu Advertiser

Elly Rivera was accompanied in court yesterday by public defender Clarissa Malinao, right, and husband, Jesse Rivera, left. She is accused of second-degree attempted murder in the choking of her 3-year-old daughter. See more photos.

BRUCE ASATO | The Honolulu Advertiser

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A 3-year-old girl remains hospitalized after her mother allegedly tried to kill her Sunday night, but the child is recovering and behaving normally, her father said yesterday.

Army Staff Sgt. Jesse Y. Rivera spoke briefly about his daughter's condition before his wife, Elly M. Rivera, 26, made an initial appearance in court on a charge of second-degree attempted murder.

Jesse Rivera said his daughter is "in good condition, thank God. She's acting the same way she was before this happened."

He would not discuss other aspects of the case.

Elly Rivera, shackled at the ankles and wearing a white T-shirt and denim pants, appeared dazed and distraught yesterday when sheriff's deputies led her before District Court Family Judge Faye Koyanagi.

According to a police affidavit filed in the case, Elly Rivera allegedly attempted to choke her daughter "because voices were telling her that they were going to burn and kill the kids."

In addition to the daughter, the Riveras have a 9-year-old son.

BAIL SET AT $150,000

Elly Rivera made no statement during her brief court appearance. Her lawyer, deputy public defender Clarissa Malinao, also declined comment.

Koyanagi confirmed bail at $150,000 and scheduled a preliminary hearing for tomorrow afternoon.

The family lives in Navy housing near Pearl Harbor, although Jesse Rivera is an Army staff sergeant who works at Tripler Army Medical Center, said Tripler spokeswoman Mindy Anderson.

Anderson said she was not permitted to release any additional information, such as Jesse Rivera's duties or how long he has been stationed in Hawai'i.

Navy spokeswoman Terry Kojima said federal firefighters responded to the Rivera home on Sunday, but the investigation was handled by Honolulu police.

Some neighbors on Hooper Place — a quiet neighborhood of townhouses — who were reached by The Advertiser yesterday said there is a lot of turnover among the military families on the street and they did not know the Riveras.

Public records show that a Jesse Y. Rivera lived at Fort Bragg, N.C., at Fort Sam Houston, Texas, in Augusta, Ga., in Shirley, N.Y., and in Fajardo, Puerto Rico, between 2001 and 2006.

SON ALERTED FATHER

Sunday night, paramedics and federal firefighters responded to a call to the Rivera home on Hooper Place and took the girl to Kaiser Moanalua Medical Center in critical condition.

The police affidavit said Jesse Rivera was home at 8:25 p.m. when his son ran down the stairs yelling that the toddler was "not doing good."

When Jesse Rivera asked his son what happened, the boy replied that "mamita" did something to the child, according to the affidavit.

Jesse Rivera went upstairs and found his wife sobbing in a bedroom bathroom. She asked him to check on the toddler and make sure she didn't stop breathing, Jesse Rivera said in his statement to police.

Elly Rivera kept repeating that voices told her "they would kill and burn the kids" and that she choked her daughter "because she didn't want them to suffer," Jesse Rivera told police.

Jesse Rivera saw that his daughter's face was very red, her lips were dry and pale, and she was breathing quickly with occasional convulsions, the affidavit said. His son told him that his mother tried to choke the child, the affidavit said.

There is no record of previous involvement with the family on the part of Child Welfare Services, said Toni Schwartz of the state Department of Human Services.

Reach Jim Dooley at jdooley@honoluluadvertiser.com and Dan Nakaso at dnakaso@honoluluadvertiser.com.