Day Three: Rivera reviews his statement

Defense asks if Rivera remembers his statement to police. He tells defense that his first statement "was wrong."

Defense asks if Rivera wants to take a look at his statement, and Rivera says yes.

Rivera is asked if the description of the shooter was given to officers in this statement. Rivera, reading it over, says no. When asked why, when asked repeatedly by officers who did the shooting, that Rivera said he didn't know, Rivera again says out of fear for his family.

Defense asks how many times he told one officer who questioned him that he didn't know who the shooter was. Rivera says "numerous times."

On April 21, Rivera says he sat down with an Officer Franco, and giving a statement, and is asked by defense if he told Officer Franco that the shooter was Wesley Molina-Cirino and that Rivera knew him as Flaco. Rivera says yes. When asked if he had given a description of what he saw at the car, Rivera says he was still "breakdown nervous," and had to be "alone for quite a while" before he could start remembering the "things around him."

Defense asks if it's true Rivera told police he saw the shooter from the upper lip down on April 21. Rivera says yes, because he didn't want to tell the whole truth and put his family in danger.

Defense asks if at a felony hearing in Utica City Court on June 12, D.A. McNamara asked Rivera if he had told the police everything he knew, Rivera said yes. Defense asks if aside from the identity of the shooter, if Rivera told police everything else that happened on that night.