Rivers’ case dates back to his 2009 indictment for alleged child abuse and child pornography possession. He was convicted in 2012, but the trial was marked by irregularities, including ineffective counsel. Rivers claims that his attorney, Mark Barber, was drunk during the trial, failing to present key evidence that could have bolstered his defense.
After exhausting appeals in Texas state courts, Rivers filed a habeas petition in federal court in 2017, citing ineffective assistance of counsel. The district court denied his petition, and the Fifth Circuit upheld that decision. However, in 2019, Rivers uncovered a critical piece of evidence — a state investigator’s report that had been missing from the trial. The report showed that files labeled as child pornography were actually deemed “not child porn” by investigators. Additionally, the files were found in a folder linked to Rivers’ ex-wife, not him.
Rivers attempted to bring this new evidence to light in his appeal, but the Fifth Circuit rejected his motion. He then sought to file a new petition to introduce this evidence but was blocked by the AEDPA’s restrictions on second petitions. Under the law, once a petitioner’s first habeas petition is denied, they face strict hurdles to seek further relief, particularly when new evidence arises.
