Judge weighs new hearing in child-killer case

A Broward Circuit Court judge heard arguments this morning on whether Death Row inmate Michael Rivera should get an evidentiary hearing -- a first step toward overturning his conviction in the murder of 11-year-old Staci Jazvac.

Rivera's attorney, Marty McClain, cited four reasons for the hearing: He said that prosecution witness Frank Zucarello, who was known to be untrustworthy, made a plea deal in exchange for testimony that Rivera confessed to killing Jazvac; He cited polygraph material not introduced at Rivera's 1987 trial, which McClain said proved Zucarello was untruthful; he claimed the trial judge was biased; and cited DNA testing indicating that a blond hair used to make the case against Rivera at trial did not belong to Jazvac.

Assistant State Attorney General Celia Terenzio countered those claims, arguing that none of the evidence offered by McClain entitled Rivera to a new trial.

Judge Paul Backman said he would issue a written ruling on the request for an evidentiary hearing.