Mollie Tibbetts Murder Suspect's Confession Unreliable Due to Sleep Deprivation, Says Defense Expert
Nov 19, 2019
Brian Leslie, a consultant with expertise in interrogation techniques, noted that the video of the 11-hour interrogation of Cristhian Bahena Rivera shows the suspect denying involvement in Tibbett’s disappearance until near the end, around 4 a.m., after he had been falling in and out of sleep.
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Leslie claims Rivera, 25, who had worked his shift at a dairy farm and had been awake for 24 hours, was vulnerable to suggestions that police had strong evidence and would help him if he confessed.
“Based on the sleep deprivation aspect and the amount of various techniques that were used, I would in my opinion not take a lot of what was said as credible,” said Leslie.
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Judge Joel Yates said he would take the matter under advisement and rule “as quickly as [he] can.”
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His lawyers declined to call Rivera to testify after
Yates ruled that he should be cross-examined about his claim that he didn’t understand certain legal rights and was scared to invoke others.
[Take note that prosecution won the argument that CR should be cross-examined for evidence such as CR's affidavit and issues related to consulate to be admitted into evidence. (This was part of the second supression motion filed earlier). CR's defense would not allow CR to be cross-examined so I don't believe the claim that CR should have been able to contact the consulate will be allowed. MOO].
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Prosecutor Scott Brown refuted claims by Leslie saying his theory failed to take into account evidence that corroborated Rivera’s confession.
Brown noted that Rivera was able to lead officers after the interrogation several miles to the cornfield where her body was found, and also noted that DNA testing proved blood found in the trunk of Rivera’s car came from Tibbetts.
Leslie, however, said it was unusual that a deputy who drove with Rivera to the cornfield didn’t turn on the camera in his car.
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Multiple officers testified that Rivera asked to be taken to his home so he could orient himself prior to directing authorities down several roads to the field where the body was later found underneath leaves.
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Prosecutors concede that some of his statements are likely inadmissible due to the botched warning, but argued that evidence related to the body should be admissible, claiming it would have been found eventually.
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Two of Rivera’s relatives testified Thursday that they were denied access to him during questioning, and his aunt, Alejandra Cervantes Valle, said an officer at the sheriff’s office allegedly advised her that he wouldn’t need an attorney.
ETA: Having watched two recent trials, a couple of two things are clear to me about CR's interrogation:
I think Brooklyn Sheriff/PD should have called on more experienced resources right away as did WPPD for Kelsey Berreth murder; and all agencies should adopt the Miranda warning procedure used by Carlisle PD (Skylar Richardson) where suspect is both read the warning and receives a hard copy that must be signed by the suspect-- every time they speak to police, and video record the questioning. MOO
I'm so disappointed that prosecutors were put in this position while seeking justice for Mollie.
