DES MOINES, Iowa – A Iowa sheriff’s deputy first confronted Cristhian Bahena Rivera in the afternoon of Aug. 20, 2018, at the farm where he worked. Less than 12 hours later, authorities arrested him.
Bahena Rivera, who led authorities to Tibbetts’ body in the early-morning hours after his arrest, told police that he chased the young jogger after driving past her the evening she disappeared. She threatened to call police, at which point he said he got mad and “blocked his memory.” Bahena Rivera admitted to then finding her body in his trunk, which he took to a field and covered with corn leaves.What happened at the dairy farm and the sheriff’s officeOn Aug.
At 11:30 p.m., Bahena Rivera was read his Miranda rights — including that he did not have to answer questions and could have a lawyer present — and taken into custody after a federal immigration agent who interviewed him over the phone determined Bahena Rivera could be in the country illegally.
What prosecutors are arguingIn a 22-page resistance filed May 31, the state argued that the interview was conducted properly and that all evidence gathered is admissible in court. The state also rebutted claims that Bahena Rivera faced a language barrier, arguing that he was interviewed by an Iowa City police officer who is fluent in Spanish and that jail staff have since said he can communicate effectively in English.
Robert Rigg, director of the criminal defense program at Drake University's Law School in Des Moines, said he thinks there are a couple of reasons why prosecutors should be worried. Tomkovicz, who also reviewed court documents before speaking with the Register, said the strongest argument he sees coming from the defense regards involuntary confessions. While he doesn’t think it’s a winning argument, he said it’s still relevant, especially considering the length of the interview.
The fact that Bahena Rivera is an immigrant in his early 20s who likely has little experience with law enforcement makes him more vulnerable, he said. Meanwhile, Rigg raised eyebrows at the state’s argument that Tibbetts' body would have been found eventually without help.
Really? How bout that Jussie Smollett case?