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Cristhian Bahena Rivera trial filed court papers AGREEING that some statements Bahena Rivera made about Mollie Tibbetts murder SHOULD be thrown out of court. KCCI's Beau Bowman went through those documents today. Stacey- anyone who's seen a true crime television show should be familiar with the Miranda Rights. You have the right to remain silent and so on... But if an officer forgets or messes up just one line... it can cause some serious problems for the prosecution. <Mark Pennington Trial Lawyer 29:24- 35"It is a little.. alarming and disconcerting that an officer in a very significant case did not relay the entire miranda warning."> Lawyers like Mark Pennington-- a Des Moines trial lawyer were shocked Friday. The State of Iowa's prosecution team agreed with the defense - that much of the information Mollie Tibbetts murder suspect-- Cristhian Bahena Rivera-- gave to investigators-- like his confession - shouldn't be revealed during the trial. Bahena Rivera was only read PART of his Miranda rights when he was first taken into custody last year. They were read to him in full 6 and a half hours later. In August- the defense filed a motion to suppress the statements he made to police between that time. In a response, the prosecution Friday said it found "no legal support" for those statements Bahena Rivera made before the full Miranda Rights were read to him. But just because it shouldn't come up... doesn't mean it won't. <Mark Pennington Trial Lawyer 21:51- 01"If after an incomplete miranda, statments are made, they're contradicted after a complete and proper Miranda are given, the state would have the right to say 'well just a minute Mr. Defendant."> Pennington says the state could ONLY bring up those early statements Rivera made - IF the defense contradicts the statements first. <Mark Pennington Trial Lawyer23:15-20"If he contradicts what he said earlier they have a right to bring up that contradiction"> This all comes 4 days before a hearing that will determine if some or all of Rivera's confession will be thrown out. And if Rivera's confession was the result of a combination of a language barrier problem and sleep depravation. KCCI will be at next week's hearing. Rivera is scheduled to go on trial for Tibbetts murder February 4th 202

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The state has agreed that some statements from the man accused of killing Mollie Tibbetts should not be used in court. In August, Cristhian Bahena Rivera's lawyers filed a motion to suppress information gathered during the police's investigation. They claimed that Rivera's Miranda rights were violated and, therefore, some of the information gathered during his interview should be removed from court proceedings. On Friday, the state responded, saying, in part, "This resistance includes some new facts that were not relevant to the arguments the Defendant made previously and reflects additional information unearthed in ongoing discovery," according to court documents. The state conceded that the initial Miranda warning was incomplete but said the second warning was valid. Therefore, comments made between the two Miranda warnings should be suppressed, according to the state's filings. The state claims it should be able to use any evidence found in the vehicle, any information it gathered from Rivera after its agents arrived on the farm where Tibbetts was found and any evidence gathered from the incomplete statement, despite the claim of Rivera's Miranda rights being violated. The state remains certain that Rivera's statements were voluntary and that his rights were not violated. The judge is hosting a motion to suppress hearing at the Poweshiek County Courthouse from Tuesday through Thursday. Voluntary statementsThe reasoning behind the state's case remains that Rivera voluntarily agreed to be interviewed by the Poweshiek County Sheriff's Office. The state also claims that while the interview extended into the next day, there were multiple breaks, food provided and "numerous opportunities for the Defendant to leave," according to court documents. Initial Miranda warningAccording to court documents, "Officer Romero, who did not have access to a Miranda card and instead gave the warning extemporaneously, did not warn the Defendant that anything he said could be used against him in court." Incriminating statementsCourt documents said that Rivera made multiple incriminating statements during his interview. "When I get mad, it's like ... like, I'm another person," Rivera said to police according to court documents. The state claims Rivera's attitude during the interview shifted from one of denial to one of not remembering what happened. He soon said he thought it was "possible" he could have hurt Tibbetts. Eventually, Rivera said he had been on a gravel road in Malcom, Iowa, at 4 a.m., which was the time of the murder. He later said he remembered having a vacuum to clean his car after Tibbetts disappeared. Rivera then said he remembered, "'fighting' with Mollie, that he put her in his car, and there was blood," according to court documents. "I remember that we were in the corn... I remember that's where I put her," Rivera told Officer Romero.Discovery and second Miranda warningCourt documents said that Rivera agreed to lead the officers to Tibbetts' body and they discovered the body in a rural cornfield. Some of the officers moved to retrieve Tibbetts' body, and Romero returned to the police vehicle with Rivera, the documents said. "When they returned to the vehicle, Officer Romero reminded the Defendant that she had previously read him Miranda warnings, and explained that she was going to do so a second time. Romero will testify that she read the warning a second time because there had been a break in the conversation when they left the Sheriff's Office to locate the body," according to court documents. Rivera also allegedly gave consent, which was requested and granted in Spanish, to search the black Chevrolet Malibu. Spanish and English dialogue The state claims in its filings that the jail staff who interacted with Rivera since his arrest in 2018 witnessed him speak "effectively in both English and Spanish."