(KWWL) – In the case of Cristhian Bahena Rivera, a 29-page motion filed in court Thursday suggests that police mishandled his first interrogation and it shouldn’t be entered into evidence.
Rivera was isolated for hours by being placed in a small interrogation room encountering a number of officers.
When the interrogation started, officers told Rivera if he didn’t want to talk, then he was free to leave.
Attorneys suggest he was in custodial interrogation at the time and should have been read his Miranda Rights.
Rivera was Mirandized but not until several hours later. and when he was, his attorneys argue, the advisement was given by a police officer interpreter and was incomplete.
A transcript of that moment appears to show Rivera acknowledging the officer’s statements.
Attorneys claim thought, that the interpreter did not advise Rivera of all his Miranda Rights and they were not verbatim. They also say Rivera did not properly affirm he understood.
It was his lack of understanding of the US legal system that brought the attorneys to another claim, that because he was a Mexican national, authorities should have contacted the Mexican consulate.
Rivera claims in the document that had he known consulting with Mexican officials was an option, he would have refused to answer any questions.
In the transcripts, Rivera mentions several times that “he did nothing to her.”
Rivera led police to the location of Tibbetts’ body and they found evidence in his car. His jury trial is set for November in Sioux City.