Man charged in Tibbetts' death was working in Iowa legally, lawyer says. Employer says no

Jason Clayworth , Austin Cannon | The Des Moines Register

Show Caption Hide Caption Mollie Tibbetts update: Full press briefing The Iowa Division of Criminal Investigation announces charges related to the Mollie Tibbetts case during a news conference in Montezuma, Iowa.

DES MOINES, Iowa – A court document filed Wednesday morning states that the man accused of killing a 20-year-old University of Iowa student was working legally in Iowa, contradicting authorities' contention that he is an undocumented immigrant.

But officials at the Iowa dair farm where the suspect worked offered information Wednesday afternoon that undermines the document's claim.

Cristhian Rivera was charged Tuesday with first-degree murder in the July 18 disappearance of Mollie Tibbetts.

The government is incorrectly promoting the idea that Rivera is not in Iowa legally, attorney Allen Richards said in a court document asking for a gag order in the case.

"Sad and sorry Trump has weighed in on this matter in national media which will poison the entire possible pool of jury members," Richards wrote, referencing a statement from the president citing Tibbetts' death as an example why "immigration laws are such a disgrace."

Law enforcement officials Tuesday said he was an undocumented immigrant, which immediately fueled political debate, including comments from President Donald Trump and Iowa Gov. Kim Reynolds.

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U.S. Immigration and Customs Enforcement also filed a detainer to make sure Rivera, 24, was not released. He is being held on a $1 million cash bond. A preliminary hearing on the murder charge was scheduled for Aug. 31.

A document filed by Rivera's attorney Wednesday calls into question Rivera's immigration status.

Rivera has lived in Iowa for four to seven years, working at Yarrabee Farms, a Brooklyn, Iowa-area farm owned by several family members, including brothers Eric, Dane and Craig Lang. Craig Lang, a prominent Iowa Republican, verified that Rivera is in Iowa legally, according to Richards' motion.

"Craig Lang supports Cristhian’s right to be in this jurisdiction and for the government to support any other idea of status publicly flies in the face of such statement," Richards wrote. "Cristhian deserves the court’s protection as to his characterization before a jury pool."

Yarrabee Farms, Rivera’s employer, issued a statement Tuesday night saying Rivera was vetted through the government's E-Verify system. However, a government archive does not indicate the Brooklyn, Iowa, farm as a participating member of the system.

On Wednesday, officials from the farm acknowledged they did not use the E-Verify system and that Rivera gave them false information.

A Poweshiek District Court Judge on Wednesday denied the gag order request.

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The White House tweeted about the murder during the Wednesday hearing. The White House post included video testimony of family members in other cases whose loved ones were killed by “repeat illegal alien” criminals.

During Tuesday's news conference, law enforcement officials described Rivera as an "undocumented immigrant."

Iowa Division of Criminal Investigation Assistant Director Mitch Mortvedt on Wednesday deferred questions about the matter to federal officials.

“What we based everything off of as far as saying he is an illegal alien is we worked with Homeland Security Investigations and they have him as an illegal alien,” Mortvedt said. “DCI doesn’t work immigration stuff so anytime this stuff comes up we defer to them.”

Multiple spokespeople for the federal investigations agency could not be immediately reached Wednesday. It remains unclear what – if any – specific documentation Rivera may have had to live and work in Iowa.

U.S. Citizenship and Immigration Services spokesman Michael Bars told USA TODAY on Wednesday, "A serach of records by USCIS revealed Rivera did not make any DACA requests nor were any grants given. We have found no record in our systems indicating he has any lawful immigration status."

On Tuesday, authorities said they found a body in a cornfield that they tentatively identified as Tibbetts', based on clothing found at the scene, according to a criminal complaint.

In the wake of Rivera's arrest, Republicans, including Trump and Reynolds, railed against the country's immigration system.

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Trump alluded to the case at a rally in West Virginia on Tuesday: “You heard about today with the illegal alien coming in, very sadly, from Mexico and you saw what happened to that incredible, beautiful young woman,” he said, shaking his head. “Should’ve never happened.”

Tibbetts was last seen on surveillance footage the night of July 18 running along Boundary and Middle Streets in her hometown Brooklyn, Iowa, about 70 miles east of Des Moines. Rivera allegedly followed her in a black Chevy Malibu.

Rivera parked his car and started running alongside and behind Tibbetts. She pulled out a cellphone and said she would call the police. Rivera told police he panicked and got mad, and then "blocked" his memory, becoming aware while at the driveway of a cornfield that he had placed a woman in his trunk, according to a criminal complaint.

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Rivera dragged the woman to an isolated area in the cornfield, he told police, then covered her body with corn leaves and drove away. After officials identified his vehicle in surveillance footage, he complied with law enforcement and led them to the body.

On Wednesday, Tibbetts' family released a statement through the Iowa Department of Public Safety that said in part, "Our hearts are broken. 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."

The family asked to be allowed to grieve in private.

Contributing: Linh Ta, Barbara Rodriguez and Stephen Gruber-Miller, The Des Moines Register; The Associated Press. Follow Jason Clayworth and Austin Cannon on Twitter: @JasonClayworth and @Cannon_Online

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