Man charged in Iowa college student's murder in U.S. legally: attorneys

(Reuters) - A 24-year-old farm worker charged with the murder of an Iowa college student who disappeared while jogging is in the country legally, contrary to the claims of prosecutors that he was an illegal immigrant, his attorneys said on Wednesday.

Attorneys for Cristhian Rivera made the assertion in a motion seeking a gag order for his upcoming court proceedings and trial over the murder of 20-year-old Mollie Tibbetts, a case that has drawn extensive international news coverage.

“The government is promoting the idea that Cristhian is not present in this jurisdiction legally,” defense attorney Allan Richards said in the court documents, adding that such comments would prejudice his right to a fair trial.

“Former leader of Iowa’s educational system (The Iowa Board of Regents) Craig Lang has verified that Cristhian is in this jurisdiction legally,” Richards wrote. “Cristhian has complied with his documented status since arriving in the USA as a minor.”

Representatives for U.S. Immigration and Customs Enforcement did not immediately respond to a request for comment on the claim by Rivera’s attorneys.

Rick Rahn, special agent in charge of the Iowa Division of Criminal Investigation, told reporters following Rivera’s arrest on Monday that he was in the country illegally and that investigators believed he was from Mexico.

On Tuesday evening, U.S. President Donald Trump made an apparent reference to the case during a campaign speech in West Virginia.

“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,” said Trump, without naming Rivera or Tibbetts specifically.

Rivera was taken into custody on Monday after police said he was identified in security video taken from a camera outside a house in Brooklyn, Iowa, where Tibbetts was last seen alive.

Rivera’s black Chevrolet Malibu appeared in the video, helping lead investigators to him, Rahn said. Tibbetts is also seen jogging in one of the clips from the surveillance camera, Rahn said.

The July disappearance of Tibbetts, who attended the University of Iowa, touched off a massive search and international headlines.

A woman’s body was found in a cornfield about 10 miles from Brooklyn, where Tibbetts was staying at her boyfriend’s residence, authorities said on Tuesday.

No positive identification has yet been made on the remains, as of Wednesday afternoon, said Mitch Mortvedt, spokesman for the Iowa Department of Public Safety, by telephone.