Illegal Cristhian Bahena Rivera claims in new court filings that his constitutional rights were violated by Iowa law enforcement officials after being interrogated for allegedly murdering 20-year-old college student Mollie Tibbetts in Brooklyn, Iowa, last year.
In August 2018, Bahena Rivera, a 25-year-old illegal alien from Mexico, was charged with Tibbetts’ murder after police said he admitted to confronting and chasing down the young woman.
After a nationwide search, Tibbetts’ body was found in a cornfield in Poweshiek County, Iowa. The illegal alien lived in a region of Iowa that was surrounded by sanctuary cities, as Breitbart News noted, and worked on a dairy farm using a stolen ID and Social Security card after allegedly crossing the U.S.-Mexico border as a child.
A 29-page motion obtained by the Des Moines Register and filed by Bahena Rivera’s defense attorneys, Chad and Jennifer Frese, claims that the illegal alien had his constitutional rights violated when local Iowa police took him in for questioning and did not make clear that he could have contacted the Mexican consulate before speaking to law enforcement.
“Providing this information to Bahena — a confused, exhausted and vulnerable Mexican national was seeking trustworthy help — would have triggered an invocation of consular notification and a decision to await the consulate’s assistance before making any other statements,” the defense attorneys wrote in the motion.
Last year, more than 200 American taxpayers sent letters to the court saying that illegal aliens living in the U.S. do not have constitutional rights and therefore should not be awarded taxpayer money to pay for their defense.
Among other accusations, the defense attorneys said police did not read Bahena Rivera his Miranda Rights until hours into a 12-hour interview — a violation of his constitutional rights that they claim should nullify his alleged murder confession.
Bahena Rivera has “very limited Mexican education” and “wholly unfamiliar with the U.S. criminal justice system,” his attorneys wrote.
Bahena Rivera’s attorneys have sought for months to suppress his alleged murder confession and have it thrown out of the case before the trial begins on November 12.
Already, Bahena Rivera successfully got his trial date pushed back and moved his trial to a less white, more Hispanic-populated county in the state.
According to prosecutors, Bahena Rivera was the last person who saw Tibbetts jogging on the evening of July 18 in Brooklyn, Iowa, security camera footage reveals. That is the night Tibbetts went missing.
The illegal alien told police that Tibbetts was jogging when he saw her, according to prosecutors. That is when he said he approached Tibbetts and started talking to her. After Tibbetts told Bahena Rivera that she would call the police if he did not stop following her, the illegal alien allegedly chased her and says he “blacked out” after this.
Police believe Bahena Rivera stabbed Tibbetts to death, then drove to a cornfield where prosecutors say he placed corn stalks over her to hide her body. The illegal alien has been held on a $5 million bond.
John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder.