PFC Kimberly Rivera gives birth, is denied clemency and separated from baby

Update December 14:

Kimberly Rivera was released from military prison on Thursday, December 12, after serving over seven months of a 10 month sentence, with credit for good behavior and performing extra work.

Compiled from reports at

Katie Rivera joins demonstration for her mom's freedom outside military brig in San Diego, December 1,

Katie Rivera joins demonstration for her mom’s freedom outside military brig in San Diego, December 1,

PFC Kimberly Rivera gave birth to her son Matthew on the evening of November 25. After last-minute pressure from outside supporters and her attorney, husband and father Mario Rivera was allowed to be present for the birth.

Then, on Thanksgiving Day, November 28, Fort Carson Senior Commander Brig. General Michael A. Bills acted with extreme cruelty to deny Rivera’s request for clemency that would allow her to be excused from serving the last few weeks of her sentence so that she could be with her newborn son. She was taken from the hospital back the brig that morning, and their son was given to his father.

Protests of the action took place in Canada, France and the United States on December 1, which is coincidently also International Prisoner for Peace Day. On Thanksgiving Day, Mario Rivera posted this letter about his family’s ordeal:

When I arrived at the hospital I checked in to see my wife deliver the baby. Upon entering the room the staff sergeant proceeded to tell me that because kim is a prisoner she is not allowed any visitations period but she said she would allow me an hour like it was some sort of favor. I politely agreed and proceeded to visit with Kim who was very upset at how they were treating her. And then I got upset too when I found out that I wasn’t going to be allowed to be there for the delivery.

Once the hour was up she kicked me out of the room. I then called our attorney and anyone else I thought might help to tell them about the situation. While I was in the waiting room I overheard a lieutenant talking with the staff sergeant and some nursing staff about Kim and what they were going to do with me. They were not happy because I had called the social worker, who called the staff sergeant to find out why I was being kept out. So I walked up to the lieutenant and asked him how I could see my son be born and bond with him. He then made me go with him to another room with another soldier and then they locked the door. They then said that had to stay in there because of SOP and that they would need more manpower for me to be in the room, and that they already had the staff sergeant in there with Kim at all times. I continued to explain my situation and how I felt. I told him I understood that Kim had to stay under guard since she was a prisoner, but that I believed my rights as a Dad were being violated.

The lieutenant said he was ”on my side” but it didn’t seem like he wanted to really listen either. He did tell me that he would put a request in with the admiral. He then took me down to security where I sat and waited.

20 minutes or so later he came back. He said the admiral approved me being in the delivery room with the stipulation that I not be allowed to have my cellphone with me, and that I would of course have to follow their rules and medical rules. I of course complied with these conditions so I was allowed to be with Kim and our baby for the rest of the day.

The following day I came back to the hospital. I did not have anyone to watch my other kids, so I brought them with me. They held me at gate for about 20 minutes before letting us on base. At security, I checked my phone (as agreed) and they told me it would be no problem for me to bring our kids with me, but when I got to Kim’s floor they said that it was a problem and that we would not be allowed to see Kim or the baby until they talked to the Admiral. After a two hour wait, the Admiral gave the ok and our family got to be together.

The next day I was told that Kim was being discharged at 4 p.m. but the Brig actually came to get her at 9 a.m. The baby is now with me.

As you can imagine this whole experience has been horrible for our family. Our children are deeply traumatized from being continually separated from their mom and they are scared that if I leave without them, that they will not see me again either. Two of the younger kids, Katie and Gabriel are taking it really hard. And Christian now has depression and anxiety from this. They cry when they think of Kim and miss her a great deal. Christian has told me, “The military is supposed to protect us so why are they hurting us? Why did they take momma?”

Rebecca, a young lady now, misses her mom very much as well and is having to go through her female changes without her momma around. Katie always says she wants to rescue mommy from the bad people who put her in jail… and Gabriel, he just looks for her still not understanding why she is gone.

This has hit us all very hard. My kids are hurting and traumatized from all this and now my son Matthew cannot breastfeed. He is separated from his mom who carried him the last 8 and a half months. All night last night he cried looking for her, for her touch, for her smell. It breaks my heart. Matthew did not sleep well because of the separation and I am afraid it could impact him psychologically since he is unable to be calmed by his momma. I do not have her smell or touch that he is needing. I cannot breastfeed him and to give him those vital nutrients. Only my wife can and because of the Fort Carson general, Matthew can’t have that.

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