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Alleged killer of Joseph J. DeVivo says he didn't murder the 87-year-old, he just dumped body, newspaper reports

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The charges against Rico Herbert, 32, were forwarded to Monroe County Court.

rico herbertView full sizeRico Herbert on Tuesday prepares to enter the Monroe County Courthouse for a preliminary hearing.
The man charged with murdering a Monroe County teacher says he didn't kill the 87-year-old, he just dumped the body, according to the Pocono Record.

After a four-hour preliminary hearing Tuesday before Stroud Township District Judge Dan Higgins in the Monroe County Courthouse, charges against Rico Herbert, 32, who faces the death penalty in the murder of Joseph J. DeVivo, 87, were sent to Monroe County Court, the Record reports.

DeVivo, of Stroud Township, has a son who lives in Bethlehem Township, Pa.

Herbert maintains that someone named T.J. actually killed DeVivo, who was reported missing Feb. 25, the Record reports. Herbert later led authorities to DeVivo's body, which was dumped in South Carolina.
"Mr. Herbert has maintained all along and still maintains that he himself was in no way responsible for Mr. DeVivo's death," defense attorney Tom Sundmaker said Tuesday in the Record.
The defense laid out a scenario, the Record reports, whereby T.J. killed DeVivo and then gave the elderly man's car to Herbert in exchange for drugs.

T.J. has not been found and police question whether he exists, the Record said.


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