JUN 23, 2019
'The officers may have crossed a line here': Why initial police interview is crucial in prosecuting Mollie Tibbetts’ slaying
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On Aug. 20, Bahena Rivera was approached by law enforcement at
Yarrabee dairy farm outside Brooklyn, where he worked.
When asked if he spoke English, Bahena Rivera said he knew only the basics.
“Would it be possible for us and the officers here to search inside your car?” a federal agent asked Bahena Rivera in Spanish, and he responded yes, according to court documents. Months later, officials confirmed blood found in the trunk matched Tibbetts’.
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He was then transported to the sheriff's office, where they arrived at 3:35 p.m. The interview, including 10 breaks, began at about 5:05 p.m. and ended at 4:15 a.m., according to court records filed by the prosecution.
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.
Prosecutors say he waived those rights, and the interview continued for another five hours.
What defense lawyers are arguing
Bahena Rivera’s attorneys, in a 29-page motion to suppress evidence filed March 1, argued that Bahena Rivera was not told he had the right to decline to consent to authorities searching his car, was not told about his right to an attorney, made "involuntary" confessions under the promise of leniency and was placed in custody before being read his Miranda rights, so-called because of a Supreme Court case that established the necessity for investigators to advise suspects of their rights.
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The motion cited what his attorneys called "a number of concerning factors in this case," including Bahena Rivera's limited understanding of the English language, his lack of education and the fact that he fell asleep during the interview.
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What prosecutors are arguing
In 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.
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They said Bahena Rivera could not be considered to have been in custody when initially taken to the sheriff’s office because he'd agreed to talk, was given food and drink, wasn’t restrained, had access to his phone and was told he was free to leave if he wanted.
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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.
Prosecutors wrote that Bahena Rivera directly implicated himself in Tibbetts' death both before and after his Miranda rights were read and that the discovery of Tibbetts' body should be included in evidence because it would have eventually been found anyway.
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Law experts offer differing evaluations
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Bahena Rivera's defense team has a plausible argument for suppression of evidence because, by Rigg's interpretation, Bahena Rivera was in custody once the interview at the sheriff’s office began. Even though he was told he could leave, factors such as the number of officers surrounding him in a small room and the nature of the conversation could have led Bahena Rivera to think otherwise, said Rigg, who reviewed court documents in the case before speaking with the Des Moines Register.
James Tomkovicz, a law professor at the University of Iowa with a background in criminal law and criminal procedures, however, said it's more likely that District Judge Joel Yates will rule in the state’s favor.
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But Tomkovicz pointed to the facts surrounding the interview provided by the state as reason for his belief that Bahena Rivera was not in custody. He does believe Bahena Rivera was interrogated, though he said that doesn’t exclusively indicate custodial treatment.
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Prosecutors in court records said that even though Bahena Rivera told authorities during the interview that he was tired, he never said he was too tired to continue the interview.
They also said that the interview was done in a non-coercive, non-confrontational way and that Bahena Rivera was encouraged only to tell the truth, not told specific promises that would result if he told the truth, according to court documents.
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For starters, he said, unless authorities pressured Bahena Rivera into letting them search his car, law enforcement did not act incorrectly because officers aren’t required to offer the option to deny consent.
“The law is that you don't have to know or be told you have the right to refuse; you just have to consent voluntarily,” said Tomkovicz, who called the argument regarding the vehicle search “paper-thin."
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What are the possible outcomes of the suppression hearing?
The evidence at risk includes Tibbetts' blood that authorities say was found in Bahena Rivera's vehicle, statements he made to police during the interview about his interactions with the young woman, and Tibbetts' body.
If Yates, the judge overseeing the case, decides after the August hearing that Bahena Rivera's rights were violated and that he was, in fact, in custody throughout his interview, then his confession wouldn't be admissible, although any resulting physical evidence could be, Tomkovicz said.
But if the judge rules that Bahena Rivera was read his rights at the appropriate time, he could still determine that his statements were made involuntarily, which could mean excluding the evidence gained as a result of the confessions, Rigg said.
And if the judge determines the search of the car was conducted illegally, then evidence gained as a result would also likely be thrown out.
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