The independent newspaper of the University of Iowa community since 1868

The Daily Iowan

The independent newspaper of the University of Iowa community since 1868

The Daily Iowan

The independent newspaper of the University of Iowa community since 1868

The Daily Iowan

Iowa Court of Appeals upholds conviction of Mollie Tibbetts’ killer

Cristhian Bahena Rivera asked the court to omit statements made to the police prior to his arrest.
Cristhian+Bahena+Rivera+stands+as+the+verdict+in+the+trial+for+the+death+of+Mollie+Tibbetts+is+read+on+May+28%2C+2021.+Bahena+Rivera+was+found+guilty+of+first-degree+murder.+%28Pool+Photo%2FAssociated+Press%29
Cristhian Bahena Rivera stands as the verdict in the trial for the death of Mollie Tibbetts is read on May 28, 2021. Bahena Rivera was found guilty of first-degree murder. (Pool Photo/Associated Press)

The Iowa Court of Appeals affirmed the conviction of Cristhian Bahena Rivera, the man sentenced to life in prison for the murder of Mollie Tibbetts, on Wednesday.

Bahena Rivera, who is serving a life sentence at the Iowa State Penitentiary in Fort Madison, appealed his conviction to the Iowa Court of Appeals. 

He claimed the district court should have suppressed statements he made to law enforcement and the district court should have granted his motion for a new trial based on newly discovered evidence, according to court documents

Bahena Rivera claimed he was not properly Mirandized when he spoke with law enforcement before his arrest and immigration detainer. The court determined Bahena Rivera was not in custody and free to leave when he made statements to law enforcement which were later used in court, and he did not need to be read his Miranda rights. 

Bahena Rivera motioned after his trial concluded and asked for a new trial citing that he believed that prosecutors had failed to disclose information in a sex trafficking investigation where another inmate admitted to killing Tibbetts

However, according to the court of appeals, Bahena Rivera’s own lawyers declined to move forward with the inmate’s testimony as it conflicted with their version of events put forth at trial. 

Bahena Rivera also argued his confession was involuntary because of the length of his interview and lack of sleep, however, the court of appeals did not find his statements involuntary. 

The interview was conducted by a native Spanish speaker and an officer who was deemed proficient in Spanish by the courts. They demonstrated to Bahena Rivera that he was able to leave or use his phone at any time. 

Bahena Rivera did not leave the interview, which lasted until around 4 a.m., and during which he admitted to a struggle with Tibbetts. After the interview, he took police to the location of Tibbetts’ body. 

The court did determine that the officers failed to properly Mirandize Bahena Rivera at the time of the immigration detainer, therefore, the court omitted Bahena Rivera’s statements made from about 11:30 p.m. until the immigration detainer was in place. 

Following the discovery of Tibbetts’ body, Bahena Rivera was read a second set of Miranda rights in Spanish. He acknowledged his understanding and continued to speak with the officers. 

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About the Contributor
Roxy Ekberg
Roxy Ekberg, Politics Reporter
she/her/hers
Roxy Ekberg is a first year at the University of Iowa. In the Honors Program, she is double majoring in journalism and political science with a minor in Spanish. Prior to her role as a politics reporter, she worked news reporter at the Daily Iowan and worked at her local newspaper The Wakefield Republican.