Lawyer Says Suspect In Tibbetts Slaying Is In The US Legally
MONTEZUMA, Iowa (AP) -- An attorney for the man charged with murder in the death of an Iowa college student is claiming the government is wrong in its statements that he is in the country illegally.
Allan M. Richards, an attorney for Cristhian Bahena Rivera, stated in a court document filed Wednesday that an employer has said Rivera is in the U.S. legally. The document names Craig Lang, a former head of the Iowa Board of Regents who is co-owner of a dairy that employed Rivera. The Lang family said in a statement Tuesday that Rivera's immigration status had been confirmed by an E-Verify electronic immigration status check.
Rivera is charged with first-degree murder in the death of 20-year-old Mollie Tibbetts, the University of Iowa student who went missing while jogging on July 18th.
Tibbetts grew up in the Bay Area, living with her family and going to school in Piedmont from kindergarten through third grade, when she moved to Iowa with her mother after her parents split up.
Rivera walked into an Iowa courtroom Wednesday afternoon with his head down.
At a hearing Wednesday, Magistrate Judge Diane Crookham-Johnson granted a state prosecutor's request to raise the bond amount to $5 million. It had previously been set at $1 million. Assistant attorney general Scott Brown cited the "heinous" nature of the crime and Rivera's immigration status.
Investigators said Tuesday that Rivera is a Mexican national who has been living illegally in the area for about four to seven years.
Richards argued for a gag order in the case and mentioned President Donald Trump, who he described as "sad and sorry Trump." Trump mentioned the case at a rally Tuesday night in West Virginia and said it demonstrated the need for tougher immigration laws.
Richards said Trump's comments will "poison the entire possible pool of jury members."
The lawyer asked the court to prevent the government from claiming Rivera is in the country illegally.
His employer, Yarrabee Farms manager Dane Lang, later confirmed the 24-year-old worked under a different name and presented an out-of-state government-issued photo identification and a matching Social Security card when he was hired in 2014.
Richards requested a private hearing and accused the media of only telling one side of the story, despite his client confessing to police that he killed Mollie Tibbetts.
"In this particular case, the coverage that's out there is leaning all one way and in fact, the government has weighed in at the highest levels of a predisposition that this man Cristhian is guilty," said Richards.
That request was denied.
On Tuesday, the search for the 20-year-old University of Iowa student ended in a cornfield off a dirt road about 12 miles from where she went missing.
The big break in the case came more than a week ago when investigators obtained surveillance video of Tibbetts jogging.
They noticed a black Chevy Malibu following her.
Police traced the car to Rivera and brought him in for questioning on Monday.
"He tells us that he sees Mollie running. He actually tells us that he ran along side of her or behind her," said Special Agent Rick Rahn of the Iowa Department of Criminal Investigation. "She took off running. He in turn chased her down. And then he tells us that at some point in time he blacks out."
In an affidavit, police said Rivera told them when he "came to," he found Ribbetts' body in his trunk and "noticed blood on the side of her head."
He "dragged Tibbetts on foot to a secluded location in a cornfield."
After the interview, police say Rivera guided them to her location from memory. Police have not said whether Rivera and Tibbetts knew each other prior to the fatal encounter.
The Tibbetts family released a statement Wednesday, saying in part, "On behalf of Mollie's entire family, we thank all of those from around the world who have sent their thoughts and prayers for our girl. We know that many of you will join us as we continue to carry Mollie in our hearts forever."
Autopsy results that will reveal how Tibbetts died are still pending. The next time Rivera will face a judge is on August 31st for a preliminary hearing.
© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.