Testimony in death of Holbrook teen

Testimony in death of Holbrook teen

There are 37 comments on the Newsday story from Jul 26, 2007, titled Testimony in death of Holbrook teen. In it, Newsday reports that:

A prosecution witness testified Thursday that he saw murder defendant Brian Rivera fire the shot that killed 18-year-old Holbrook resident Thomas Herzberg during a car chase in October.

Join the discussion below, or Read more at Newsday.

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what a shame

Warwick, NY

#1 Jul 26, 2007
crazy stuff
Sherri

Trenton, NJ

#2 Jul 26, 2007
This is a disgrace how this kid is not pleading guilty while his friends who were involved admitted being involved in this and pleaded guilty. This kid needs to be in jail for life for taking the life of an innocent person.
East Ender

Bronx, NY

#3 Jul 26, 2007
What were they thinking??? All of these goofball wannabe rappers knew each other. Did they think Herzberg and Baretta were going to pull over, hand them the cash and then not call the cops? WHITE TRASH...just kill em all now, or ship them into the city if they wanna play "tough"
In the know

Pearl River, NY

#4 Jul 26, 2007
Ughh...the saying innocent until proven guilty actually means something...although often its foolhardy for some of these people to go to trial instead of pleading, we can't bemoan those who want to exercise their right to be proven guilty. God forbid you are ever accused of a crime, can I assume you will just plead guilty.

I often see people post on here "he's guilty, why doesn't he just plea", what people often don't realize is that there are often elements of the crime that the prosecutor will not be able to prove beyond a reasonable doubt, or at least have a very difficult time proving beyond a reasonable doubt. This often means, if not an acquittal, at least a conviction to a charge lesser than what the offered plea bargain was. Alot of you may say he killed him, he's guilty...but there is a big difference between being convicted of murder and being convicted of manslaughter (not saying its applicable here, but I am responding to posts I have seen on a number of posts).
Bob

United States

#5 Jul 26, 2007
Bye Bye Brian Rivera.
They are lucky

Ledgewood, NJ

#6 Jul 27, 2007
Brian Rivera is a fool and so is his lawyer. The DA has every right to charge all 4 of them with first degree murder and chose not to. If Rivera or the others were convicted of first degree murder they would likely die in prison.

Riviera would probably now get the state maximum for 2nd degree.
Susan Bethpage

Nutley, NJ

#7 Jul 30, 2007
If any of you idiots out there were paying close attention to the details of this case you would have picked up on a few facts. Russell originally admitted to shooting the gun and said he was the only shooter. The gun also belonged to Russell. This was only thrown out because Russells lawyer was not present. How convenient. Also, all your so called "facts" are from drug addicts and they all have different stories.
Brian is a drug dealer and was there to make a drug deal, he isnot a murderer, Russell is! ALL these kids have OC addictions including Tommy. Brian would have no reason to try to kill a long term customer for a little cash. Think about it?????
Innocent until proven guilty! sorry..don't like it?? Move to Iraq.
Susan Bethpage

Nutley, NJ

#8 Jul 30, 2007
East Ender wrote:
What were they thinking??? All of these goofball wannabe rappers knew each other. Did they think Herzberg and Baretta were going to pull over, hand them the cash and then not call the cops? WHITE TRASH...just kill em all now, or ship them into the city if they wanna play "tough"
You don't even have your facts straight and sound like an ignorant loser.
come back to reality

Medford, NY

#9 Jul 31, 2007
Susan Bethpage wrote:
<quoted text>
You don't even have your facts straight and sound like an ignorant loser.
Susan You should base your beliefs on the testimony in the trial not just newsday or other people's posts Brian Rivera is Guilty of Felony Murder look it up.
Susan Bethpage

Nutley, NJ

#10 Jul 31, 2007
Brian rivera was not convicted of felony murder moron! He is charged with it because he happened to be with the real murderer when the incident happened... he could have been sleeping in the car when this happened and still have been charged with murder 2, LOOK IT UP... He has every right as an American to take this to trial considering that there are reasonable doubts that will be shown in court.
You are getting your fabricated facts from newsday like eveybody else
lou

AOL

#11 Jul 31, 2007
susan just owned u
come back to reality

Medford, NY

#12 Aug 1, 2007
Susan Bethpage wrote:
Brian rivera was not convicted of felony murder moron! He is charged with it because he happened to be with the real murderer when the incident happened... he could have been sleeping in the car when this happened and still have been charged with murder 2, LOOK IT UP... He has every right as an American to take this to trial considering that there are reasonable doubts that will be shown in court.
You are getting your fabricated facts from newsday like eveybody else
if you belive he was sleeping in the car then we are sofar apart we can't even discuss this
Sad world

Long Beach, NY

#13 Aug 1, 2007
If any of you knew any of those involved, then you would respect Tommy and the Families involved and not make some of the comments that you make. If you didn't know any of these young boys, then you need to realize that other teenagers talk from rumors and the news and newspapers also use hearsay sometimes and edit their information and do not always have FACTS. I am not trying to be disrespectful to anyone on this board, I just really hate the fact that so many people confuse solid facts and what probably 'happened' or what you think happened because you know someone's usual behaviors or personality.
Dont worry

Elizabeth, NJ

#14 Aug 2, 2007
Considering Russel ratted and Mike is gonna testify on both of them this should be a quick case. 2 convictions of felony murder I'd say there both getting life in prison some where upstate where its nice and cold.
Informed Citizen

Nutley, NJ

#15 Aug 2, 2007
well said "sad world"
jimmy

Hawthorne, NJ

#16 Aug 2, 2007
Brian's attorney is a genius actually. He's very very intelligent.
bubba

Mineola, NY

#17 Nov 30, 2007
rip tommy
will

Bronx, NY

#18 Mar 11, 2008
brook u my dude regardless wut people say
Daniel Schroder

Hicksville, NY

#19 Oct 25, 2008
Brian was my room mate in rehab in 2003..he had the top bunk..this is some crazy shit..he was a good kid..just needed some direction..
Laura

AOL

#20 Jan 21, 2009
i knew brian when he was a little boy. his family lived a few blocks from us. His Mom was a addicted person, but sought help. her addiction came from presciption drugs for a injury. She was left with all four children after her husband decided to leave, with his girlfriend. Both parents were police officers, until hismom got hurt and dad left without any looking back. they had a nice home in lake ronkonkoma... the american dream. then they were these four kids without now any parents... mom feeling sorry for herself.... dad, well... gone! he belonged to the same cubscout troop my son was in, yes,his mom did try. but gave up when dad left. did i tell you brian must have been 6 when dad left! well, something went wrong after that. brian was in my home on a few occasions. I feel when dad left and forgot he had a family, he signed his sons faith, and the young boy that was killed. i am sorry for the young man that was killed and i AM SO SORRY FOR BRIAN. THE YOUNG LITTLE BOY I KNEW, GREW INTO SOMEONE I DO NOT KNOW. we need to take care of our children and be there for them. who will teach them right from wrong? this is what can happen!!!

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