Rivera decision on hold

Published 12:00 am Wednesday, August 13, 2008

NATCHEZ — It may be another 30 days before the lawsuit against John Rivera is settled.

Proceedings from the second day of the trial in Adams County Chancery Court lasted for less than an hour, and after both sides rested Judge George Ward told them to prepare and submit a statement of findings of fact and legal conclusions to him in 30 days.

“This is not an unusual thing to do,” Ward said. “Even though I saw the case this helps me make my decision.”

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The plaintiff’s attorney, Rick Bass, did not take long before resting his case.

Reading from Rivera’s pre-trial deposition, he noted two things. The first, that Rivera only had a ninth grade education, and the second, that any further education he had came from the Internet.

The defense only offered a DVD version of Rivera’s deposition as evidence to serve as his testimony.

Rivera did not appear in court Tuesday to give testimony, and his attorney Buck Pintard said he was not present because he was sick.

“He is ill, but you are not asking for a continuance?” Ward said. “Is he waiving his right to come and put on evidence?”

When Pintard said Rivera was not waiving his right to testify but that he would let his deposition stand as testimony, Ward said he did not want Rivera to come into the court saying he had not been given the opportunity.

The trial stems from a lawsuit filed by investor Mark Trevisiol, who alleges Rivera owes him for the sale of a biofuel process Rivera developed and was using at a Port Gibson plant and later reportedly transferred to U.S. Sustainable Energy Corp. Rivera opened a USSEC plant at the Adams County Port, but apparently never produced his product there.

In 2005, Trevisiol formed the company Noront Recycling and bought the Port Gibson facility, which Rivera had been renting, for $140,000. At the same time, he gave Rivera $25,000 to keep the facility operating.

As part of the agreement, Trevisiol was supposed to be able to develop the so-called Rivera process in Canada, he was supposed to receive a portion of the sales made from the facility in Port Gibson and 8 percent of the sale price after one year of closing on the Port Gibson facility if the process was sold.

Rivera is the primary shareholder of USSEC, and so Trevisiol maintains that he is owed 8 percent of the shares Rivera holds in the company since he transferred the use of the process to USSEC.

Rivera maintains it is not the same process, and so Trevisiol is not entitled to any money.