PA Fraternal Order of Police Lodge No. 38

8/2/2008

Jury selection done for trial of man charged with killing Reading policeman

By Holly Herman / Reading Eagle

A jury of 10 men and two women will determine the fate of 26-year-old Cletus C. Rivera, charged in the August 2006 slaying of a Reading policeman.

Jury selection in Northampton County Court, Easton, concluded Thursday after four days. In addition to the panel, three men and one woman were selected as alternate jurors.

Rivera is charged with first-degree murder and related offenses in the death of Scott A. Wertz, 40, of Spring Township, after Wertz responded to a fight near City Hall on Aug. 6, 2006.

Testimony is scheduled to begin Monday in Berks County Court. Jurors will bused daily to Reading from Easton.

Judge Stephen B. Lieberman ordered the jury to be selected in another county because of the extensive publicity in Berks.

Prosecutors said Rivera fired four shots at Wertz, who had responded to a fight in the 100 block of North Eighth Street about 2 a.m.

Wertz, a nine-year department veteran, died of a gunshot wound to the chest, according to medical authorities.

Prosecutors are seeking the death penalty against Rivera, who lived in the first block of Greenwich Street, because, they say, he put other people in danger and has a long criminal record.

Rivera’s lawyer, Jay M. Nigrini of Reading, said he will argue that Rivera did not know Wertz was a policeman when he fired the shots because Wertz was not in uniform.

“A big part of the case will be to determine whether or not Rivera knew he (Wertz) was a police officer,” Nigrini said.

The trial could last two weeks.

The panel is expected to view the crime scene on Wednesday, the two-year anniversary of Wertz’s death.

According to court records:

Wertz had been working undercover in an auto-theft task force when he and Patrolman Malcolm Eddinger responded to the call at the Getty Mart at Eighth and Walnut streets.

Eddinger was driving an unmarked car. Wertz was in the passenger seat.

They heard four or five gunshots. Wertz saw Rivera stuff something into the front of his pants and run.

Wertz chased Rivera, who turned and fired at least two shots from a .40-caliber semiautomatic handgun.

Wertz, who was not wearing a bulletproof vest, was pronounced dead at the scene.

Rivera is in Lehigh County Prison without bail.

•Contact reporter Holly Herman at 610- 478-6291 or hherman@readingeagle.com.