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Rivera to be sentenced on felonies, misdemeanors

By Dean Shalhoup - Senior Staff Writer | Jan 6, 2020

Telegraph photo by DEAN SHALHOUP Ernesto Rivera, the former Hudson man serving prison time following his conviction on several felony and misdemeanor charges, greets his attorney, Carl Olson, upon entering Superior Court for a new sentencing hearing.

NASHUA – At his resentencing hearing last week on several convictions – but minus the two armed career criminal indictments that were dismissed in light of an August state Supreme Court ruling – former Hudson resident Ernesto Rivera told the judge he’d “like to exercise my First Amendment rights” and address the court.

“This whole situation has been a conspiracy from the start,” Rivera, 54, began, standing at the defense table with his attorney, Carl Olson.

“The state was adamant that I get 33 years … but I stood firm, I knew it was not an appropriate sentence, Rivera said. “I never got a chance to negotiate with the state.

“And here we are again, now the state is asking for 35 years,” he added.

Rivera referred to the cumulative 33-year sentence that now-retired Superior Court Judge David Garfunkel pronounced back in December 2015, shortly after jurors in two separate trials convicted Rivera on several charges ranging from armed career criminal and possession of cocaine with intent to distribute to domestic assaults and witness tampering, according to his record.

But several months ago, as a result of a state Supreme Court ruling in a similar case titled State v. Folds, Superior Court Judge Charles Temple vacated the two armed career criminal indictments.

That set the stage for last week’s re-sentencing hearing, which ran longer than expected, prompting Temple to continue the proceeding at 1:30 p.m. Thursday in the Nashua court.

While Rivera argued he “was forced to go to trial” in 2014 because of what he alleges was the state’s refusal to negotiate his case, Assistant County Attorney Cassie Devine, who has prosecuted Rivera’s cases since his initial arrest in July 2013, rejected Rivera’s claims that the state ignored his requests for negotiations.

“He kept firing his lawyers,” Devine said. “He had four different attorneys, and now he’s going to say the state wouldn’t negotiate?” she asked rhetorically.

Devine also chided Olson for “minimizing” Rivera’s criminal record, which, according to Olson, includes just two misdemeanor charges in New Hampshire until the assault, drug and firearm related charges began accumulating in 2013.

Devine said that while Rivera’s previous New Hampshire record may be minor, his Massachusetts record includes numerous entries – and there’s also the current list of New Hampshire charges to consider.

Olson, whose sentencing recommendations relied heavily upon Rivera receiving credit for time already served – it comes to 2,356 days, calculated from his 2013 arrest through Jan. 1. He also recommended suspended sentences on some of the charges, which, together with the time-served credits, would leave Riviera with far less time to serve than did his original sentences.

Devine, however, argued that the dismissal of the two armed career criminal indictments does not mean Rivera should be re-sentenced to significantly less time behind bars.

As for her sentencing recommendations, Devine argued that the 10-20 year prison term Garfunkle imposed on the possession of cocaine with intent to distribute charge should remain in place, as should the 7 1/2-15 year term Garfunkle imposed on the possession of controlled drugs, subsequent offense, charge.

As for four witness tampering charges, Devine said Garfunkle had imposed four concurrent 3 1/2-7 year prison terms, but she is now recommending they be served consecutively, which would mean a minimum of 14 years on the four charges.

“These sentences are more than warranted,” Devine said. “Anything else would simply be a travesty … my recommendations are appropriate, reasonable, (especially) in light of the fact (Rivera) terrorized these two women extensively.”

She referred to the two victims in the cases, one of whom was present in court last week and read a victim impact statement.

The young woman told the court she’s “a victim of Ernesto Rivera … I was controlled and abused by this man … he completely controlled every aspect of my life,” she said, adding, “I was forced to do things I never wanted to do.”

“I was beaten more times than I can count,” she said, counting as among her injuries a broken nose and broken teeth.

There will “always be men like Ernesto Rivera in the world,” the woman said, “but with him in prison, the world is a little bit safer.”

Some of the domestic assault charges Rivera is facing stem from the July 2013 night he was arrested in downtown Nashua, after the woman flagged down a passing police officer.

“They saved my life,” she said of the officers she flagged down. Eventually, she added, “I have no doubt I would have been killed by Ernesto Rivera.”

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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