Harold Levy: Publisher; The Charles Smith Blog:
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PASSAGE ONE OF THE DAY: "A confession by the suspect in the death of University of Iowa student Mollie Tibbetts is not reliable because he was sleep deprived and susceptible to coercion after hours of questioning, a defense expert testified Thursday. Brian Leslie, a consultant with expertise in interrogation techniques, said he reviewed video of the 11-hour interrogation of Cristhian Bahena Rivera that took place in August 2018. He noted that the suspect denied involvement in Tibbett’s disappearance until near the end, around 4 a.m., after he had been falling in and out of sleep. Leslie said Rivera, who had worked his shift at a dairy farm and had been awake for 24 hours, was vulnerable to suggestions that police had strong evidence and would help him if he confessed. “Based on the sleep deprivation aspect and the amount of various techniques that were used, I would in my opinion not take a lot of what was said as credible,” Leslie said. Leslie testified at the end of a two-day hearing on Rivera’s motion to suppress his confession, which his lawyers argue was the product of an improper interrogation. Judge Joel Yates said he would take the matter under advisement and rule “as quickly as I can.”
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PASSAGE TWO OF THE DAY: "An autopsy found Tibbetts died from sharp force injuries. No murder weapon has been found. Prosecutor Scott Brown blasted Leslie, the defense expert, for failing to consider evidence that corroborated Rivera’s confession. Brown noted that Rivera was able to lead officers after the interrogation several miles to the cornfield where her body was found. He noted that DNA testing proved blood found in the trunk of Rivera’s car came from Tibbetts. Leslie said it was unusual that a deputy who drove with Rivera to the cornfield didn’t turn on the camera in his car Multiple officers testified that Rivera asked that he be taken to his home so he could orient himself before he directed them down several roads to the field where the body was found underneath leaves. Police questioned Rivera after tying him to a car that was seen on surveillance video circling Tibbetts while she ran. They took him in for questioning on Aug. 20, 2018. Police argue that Rivera voluntarily agreed to be interviewed. After six hours, they put an immigration detainer on him after the discovery of blood in his car. An officer gave him an incomplete Miranda warning before questioning resumed for hours. Prosecutors concede that some of his statements are likely inadmissible due to the botched warning. But they argued that evidence related to the body should be admissible, claiming it would have been found eventually. Defense lawyers argued that the entire 11-hour interrogation was tainted. Two of Rivera’s relatives testified Thursday that they were denied access to him when he was being questioned."
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STORY: "Defense expert: Iowa murder suspect's confession unreliable," by Associated Press, published on November 14, 2019.
GIST:
"A confession by the suspect in the death of
University of Iowa student Mollie Tibbetts is not reliable because he
was sleep deprived and susceptible to coercion after hours of
questioning, a defense expert testified Thursday. Brian Leslie, a
consultant with expertise in interrogation
techniques, said he reviewed video of the 11-hour interrogation of
Cristhian Bahena Rivera that took place in August 2018. He noted that
the suspect denied involvement in Tibbett’s disappearance until near the
end, around 4 a.m., after he had been falling in and out of sleep.
Leslie said Rivera, who had worked his shift at a dairy farm and
had been awake for 24 hours, was vulnerable to suggestions that police
had strong evidence and would help him if he confessed. “Based on the
sleep deprivation aspect and the amount of various
techniques that were used, I would in my opinion not take a lot of what
was said as credible,” Leslie said. Leslie testified at the end of
a two-day hearing on Rivera’s motion to suppress his confession, which
his lawyers argue was the product of an improper interrogation. Judge
Joel Yates said he would take the matter under advisement and rule “as
quickly as I can.” Rivera, 25, is charged with first-degree murder in
the death of
Tibbetts, who disappeared while out running in Brooklyn, Iowa, in July
2018. Rivera, a Mexican national who was living illegally in the United
States, is scheduled to stand trial in February and faces life in prison
if convicted. His lawyers declined to call Rivera to testify after
Yates ruled
that he should be cross-examined about his claim that he didn’t
understand certain legal rights and was scared to invoke others. At
the end of the interrogation, Rivera told police he followed Tibbetts
while she was running. Rivera didn’t describe how she was killed,
claiming that he “blacked out,” but he said he bloody body in his trunk.
An autopsy found Tibbetts died from sharp force injuries. No murder
weapon has been found. Prosecutor
Scott Brown blasted Leslie, the defense expert, for failing to consider
evidence that corroborated Rivera’s confession. Brown noted that
Rivera was able to lead officers after the interrogation several miles
to the cornfield where her body was found. He noted that DNA testing
proved blood found in the trunk of Rivera’s car came from Tibbetts.
Leslie said it was unusual that a deputy who drove with Rivera to the
cornfield didn’t turn on the camera in his car Multiple
officers testified that Rivera asked that he be taken to his home so he
could orient himself before he directed them down several roads to the
field where the body was found underneath leaves. Police
questioned Rivera after tying him to a car that was seen on surveillance
video circling Tibbetts while she ran. They took him in for questioning
on Aug. 20, 2018. Police argue that Rivera voluntarily agreed to
be interviewed. After six hours, they put an immigration detainer on him
after the discovery of blood in his car. An officer gave him an
incomplete Miranda warning before questioning resumed for hours.
Prosecutors
concede that some of his statements are likely inadmissible due to the
botched warning. But they argued that evidence related to the body
should be admissible, claiming it would have been found eventually.
Defense lawyers argued that the entire 11-hour interrogation was
tainted. Two
of Rivera’s relatives testified Thursday that they were denied access
to him when he was being questioned. His aunt, Alejandra Cervantes
Valle, said an officer at the sheriff’s office advised her that he
wouldn’t need an attorney."
The entire story can be read at:
The entire story can be read at:
https://www.daytondailynews.
PUBLISHER’S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
PUBLISHER’S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
