The trial for the man accused of killing Mollie Tibbetts has been delayed by the Iowa Supreme Court so that it can rule on elements of the defendant’s case.
Cristhian Bahena Rivera was charged with the murder of Tibbetts, a 20-year-old University of Iowa student who disappeared while out for a run. Rivera’s attorneys demanded that the Supreme Court intervene to delay his trial because they believe his constitutional rights were violated.
The attorneys claimed that Rivera, who was an illegal immigrant, was led to believe that admitting to the crime would lead to leniency when he was read his Miranda rights. They also argued that Rivera’s car was searched without consent. Additionally, the attorneys claim that they were not made aware of additional evidence recovered in the investigation until much later, including the recovery of a pocket knife.
His legal team also said that Rivera could have called the Mexican consulate to receive legal advice as a Mexican citizen but was not made aware of that option. Because of these issues, Rivera’s attorneys claimed that much of the evidence against their client should be tossed out because it was not properly obtained.
Chad Frese, one of Rivera’s attorneys, told the Des Moines Register, “We are encouraged that the court granted the stay and are hopeful that the Supreme Court will examine these very important constitutional issues at this point. These issues are necessary not only to this case but to be resolved in many other cases going forward.”
Assistant Attorney General Scott Brown disagreed with Frese’s argument, writing, “The state chooses not to specifically respond to the characterizations of the evidence made by the defense as it relates to DNA mixtures in the trunk of the Malibu. Suffice it to say that the state disagrees with those characterizations in the defense motion.”
The Supreme Court agreed with Frese and halted the trial until there has been a ruling on what evidence should be included.
Tibbetts’ disappearance captured nationwide news as her family searched the state looking for her for more than a month. Rivera was eventually questioned by authorities and directed them to where Tibbetts’ body had been dumped. He had been working at Yarrabee Farms, which is owned by the brother of a prominent Iowa Republican, Craig Lang.
