Cristhian Bahena Rivera: Appeal Denied as Court Finds "New Evidence" Lacked Merit
Cristhian Bahena Rivera’s appeal in the murder case of Mollie Tibbetts was denied in October of 2023, by the Iowa Court of Appeals. Rivera, convicted of first-degree murder in 2021, sought a new trial based on allegations of Miranda rights violations and claims of newly discovered evidence. However, the court upheld his life sentence without parole, concluding that neither argument justified overturning the verdict.
Miranda Rights: A Disputed Confession
Rivera’s defense claimed his confession during police interrogation should have been suppressed because:
- He wasn’t properly informed of his right to remain silent or to have an attorney present.
- The interrogation was coercive.
After careful review, the appellate court determined that Rivera’s Miranda rights were properly administered. The court found no evidence of coercion, emphasizing that Rivera willingly provided his confession and led authorities to Mollie Tibbetts’ body, a key element in the case.
The "New Evidence" That Wasn't
The heart of Rivera’s appeal was his claim of newly discovered evidence pointing to other suspects, including members of a purported sex trafficking ring. The defense cited testimony from two individuals: an inmate and a woman who claimed a different man had confessed to the crime. They alleged Tibbetts was abducted, held in a secondary location, and killed by these alternate suspects.
However, the court rejected this argument outright. Why? Because this evidence wasn’t new at all.
- Timeline Matters: The prosecution had informed the defense of these claims during the trial, offering to pause proceedings and investigate further. The defense declined the offer, calling the information inconsistent with Rivera’s account.
- Strategic Choice: By failing to pursue this lead during the trial, the defense forfeited the opportunity to later call it “newly discovered evidence.”
- Lack of Credibility: The court noted that the claims were speculative and unsupported by any corroborating evidence. Moreover, introducing this theory would have directly contradicted Rivera’s own testimony, further weakening the defense’s position.
The Court’s Decision
The appellate court concluded that the defense’s decision not to investigate the alternate suspects during the trial undermined their appeal. Additionally, the overwhelming evidence against Rivera, including his confession, physical evidence, and the location of Tibbetts’ body, supported the jury’s original verdict.
A Final Word
Rivera’s appeal was denied because his claims didn’t meet the criteria for overturning a conviction. For newly discovered evidence to merit a new trial, it must not have been available during the original proceedings and must be likely to change the outcome. In this case, neither condition was met.
You can view Cristhian Bahena Rivera's motion for a new trial here:
