GUILTY IA - Mollie Tibbetts, 20, found deceased, Poweshiek County, 19 Jul 2018 *Arrest* #51

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Rivera sentencing delayed as defense requests new trial, prosecution resists

The inmate, Arne Maki, said in November 2020, Gavin Jones – referred to “inmate 2” in previous court documents – confessed that he and another individual were involved in killing Tibbetts after seeing her bound and gagged in a “trap house” they were staying at. Maki and Jones were being held in Keokuk County Jail.

Four hours after the inmate’s interview on May 26, Lyndsey Voss came forward to present corroborating evidence that other individuals were involved in Tibbetts’ death, stating Jones told her that he had raped and killed Tibbetts.
 
I won't be able to follow here today but here is one reporter who is in Poweshiek County this morning.

Denise Hnytka on Twitter
In Poweshiek County, IA following the latest twist in #MollieTibbetts case after defense files motion for new trial based on the stories of 2 people naming a new suspect in her murder. Cristhian Bahena Rivera convicted end of May. @wqad
8:32 AM · Jul 15, 2021·Twitter for iPhone

Denise Hnytka on Twitter
Today’s hearing is on a motion to compel - judge sealed the specific names and allegations. In short, Bahena Rivera defense asking for information they think can back up an inmate’s story about who really killed #MollieTibbetts. State responds calling motion vague and irrelevant.
8:35 AM · Jul 15, 2021·Twitter for iPhone
 
Denise Hnytka @DeniseWQAD 33s
Just saw a group of people walk into the courtroom, including a young lady wearing a teal Mollie's Movement t-shirt. Media is outside the courtroom in an overflow room, due to size and other restrictions. @wqad #MollieTibbetts

Shannon Moudy @ShannonMoudyTV 19m
HAPPENING THIS MORNING: In about 30 minutes we’ll hear the first arguments in court on what Cristhian Bahena Rivera’s attorneys call new evidence that could have made a difference in his trial. @iowasnewsnow #CBRtrial #MollieTibbetts




Denise Hnytka @DeniseWQAD 45m
Today’s hearing is on a motion to compel - judge sealed the specific names and allegations. In short, Bahena Rivera defense asking for information they think can back up an inmate’s story about who really killed #MollieTibbetts. State responds calling motion vague and irrelevant.

Denise Hnytka @DeniseWQAD 48m
In Poweshiek County, IA following the latest twist in #MollieTibbetts case after defense files motion for new trial based on the stories of 2 people naming a new suspect in her murder. Cristhian Bahena Rivera convicted end of May. @wqad
 
Rivera sentencing delayed as defense requests new trial, prosecution resists

The inmate, Arne Maki, said in November 2020, Gavin Jones – referred to “inmate 2” in previous court documents – confessed that he and another individual were involved in killing Tibbetts after seeing her bound and gagged in a “trap house” they were staying at. Maki and Jones were being held in Keokuk County Jail.

Four hours after the inmate’s interview on May 26, Lyndsey Voss came forward to present corroborating evidence that other individuals were involved in Tibbetts’ death, stating Jones told her that he had raped and killed Tibbetts.

What is wrong with these people? Like they are in the back of the room waving “Me!” “Me!” “Me, too!”
I guess they are proving the adage that bad attention is better than no attention.

Where have they been for three years? Really? They just now realized they knew something? What’s the carrot, there’s got to be one.

People like this are wasting our oxygen. Enough is enough.
 
Wow, prosecutor is saying that when this information was obtained he shared it with the Defense and offered to stay the trial while it was investigated and defense attorneys declined. He claims they admitted that the statements were inconsistent with the Defendant's case.
 
Denise Hnytka [URL='https://twitter.com/DeniseWQAD']@DeniseWQAD [/URL]9m
Frese: "There's something rotten in this area - this is not coincidental." Brown says its unconscionable to put the Xavior Harrelson investigation information into the public like this, trying to connect it to Mollie. @wqad #MollieTibbetts

Denise Hnytka @DeniseWQAD 9m
Judge says he will issue a written ruling on the motion to compel. @wqad #MollieTibbetts

Denise Hnytka [URL='https://twitter.com/DeniseWQAD']@DeniseWQAD [/URL]4m
Motion hearing now set for the 7/27 on the motion for a new trial. [URL='https://twitter.com/wqad']@wqad
[/URL]#MollieTibbetts Judge's ruling on today's request expected to be in by end of the week.
 
Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5[/URL]
Replying to @Angenette5
Brown says they are well aware of their obligations under Maryland v. Brady. He said this is newly discovered evidence. He said there is no evidence that corroborates the claims made by Maki. Nothing about a trap house, etc. @LawCrimeNetwork
7:48 AM · Jul 15, 2021·Twitter Web App

Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]30m
Replying to @Angenette5
Brown: If they want the info they can go look for it. There's nothing under the law that requires them to do what the defense is requesting. @LawCrimeNetwork

Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]28m
Replying to @Angenette5
Brown: We gave the defense much more info than they are claiming. We told them about the secondary location. Mr. Frese told me in front of witnesses this was inconsistent with what their client was saying. We offered to stop the trial. They have buyer's remorse @LawCrimeNetwork

Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]25m
Chad Frese now speaking: They had a report in March 2019 that this young woman is walking along a highway and a state trooper picks her up and relays a horrifying story of being trafficked 2 months prior to Mollie Tibbetts disappearance. @LawCrimeNetwork

Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]25m
Frese: there was a search warrant. They sat on that information for two years prior to trial. They did not provide that to us. @LawCrimeNetwork

Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]21m
So here's what's going on: An IA prison inmate and the ex-gf of inmate Gavin Jones come forward within hours of one another, independently, saying "Gavin Jones said he killed Mollie Tibbetts." This happened the day the defense rested its case @LawCrimeNetwork

Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]21m
Chad Frese: We think this is exculpatory. Something's rotten in this area
@LawCrimeNetwork
 
I was a little stunned by Mr. Frese asking the court for at least 6 weeks for a hearing when that isn't even allowed by the rules. And then what I think was probably a clear misrepresentation to the court on a conflict on one of the dates suggested for a hearing. The judge is making accommodations and is giving the defense the benefit of every doubt for sure but I think that ultimately works in the prosecutions favor.
 
Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]4m
Replying to @Angenette5 and @LawCrimeNetwork
Defense wants the entire day for a hearing on their motion for a new trial. Sounds like it may be held on July 27. They're working on firming up the date with court administration @LawCrimeNetwork

Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]10m
State says they gave info to defense and offered to halt trial and defense didn't think it was legit. Now defense says we needed this info to defend our client and we learned new things. about alleged sex trafficker. Oy. What a mess. @LawCrimeNetwork


Angenette Levy [URL='https://twitter.com/Angenette5']@Angenette5 [/URL]25m
Judge Yates is taking this under advisement. He understands both sides. Will have a written decision by week's end. @LawCrimeNetwork
 
Wow, prosecutor is saying that when this information was obtained he shared it with the Defense and offered to stay the trial while it was investigated and defense attorneys declined. He claims they admitted that the statements were inconsistent with the Defendant's case.

But it wasn't all of the new details, they weren't made aware of the informant - Voss, as explained.
 
Des Moines Register [URL='https://twitter.com/DMRegister']@DMRegister [/URL]32s
The judge overseeing the prosecution of Cristhian Bahena Rivera, found guilty of killing #MollieTibbetts, says he intends to rule by the end of the week on a motion from defense attorneys demanding additional evidence from prosecutors.


[URL='https://t.co/o6VvFsoYBa?amp=1']Cristhian Bahena Rivera's attorneys prepare to argue for evidence in hearing delaying sentencing in...

Cristhian Bahena Rivera in May was convicted of murder in Mollie Tibbetts' killing. He had been scheduled to be sentenced Thursday to life in prison.
desmoinesregister.com[/URL]

Iowa City Press-Citizen @presscitizen 1m
The judge overseeing the prosecution of Cristhian Bahena Rivera, found guilty of killing #MollieTibbetts, says he intends to rule by the end of the week on a motion from defense attorneys demanding additional evidence from prosecutors.


[URL='https://t.co/OQUFjXrbTT?amp=1']Judge delays ruling on Cristhian Bahena Rivera's attorneys' request for evidence in hearing...

Cristhian Bahena Rivera in May was convicted of murder in Mollie Tibbetts' killing. He had been scheduled to be sentenced Thursday to life in prison.
press-citizen.com[/URL]

The Hawk Eye [URL='https://twitter.com/TheHawkEye']@TheHawkEye [/URL]1m
The judge overseeing the prosecution of Cristhian Bahena Rivera, found guilty of killing #MollieTibbetts, says he intends to rule by the end of the week on a motion from defense attorneys demanding additional evidence from prosecutors.


[URL='https://t.co/5GxR1ZowMx?amp=1']Judge delays ruling on Cristhian Bahena Rivera's attorneys' request for evidence in hearing...

Cristhian Bahena Rivera in May was convicted of murder in Mollie Tibbetts' killing. He had been scheduled to be sentenced Thursday to life in prison.
thehawkeye.com[/URL]
 
Judge considers new evidence in Mollie Tibbetts case

July 15, 2021

[..]

The prosecution said they resist everything the defense is asking for. They’re pointing to Bahena Rivera’s own testimony at the trial, which they say is not consistent with what the defense is bringing forward now.

Prosecutor Scott Brown said the state brought this alleged confession to the defense during the trial, and they chose to press forward.

Brown says Chad Frese admitted that the jailhouse confession was inconsistent with testimony.

Judge Yates said he understands the requests from the defense, as well as the state’s resistance. He said he expects to have a written ruling by the end of the week on the Motion to Compel.

Yates will now work with the state and the defense to set a date on the motion for a new trial. No sentencing date will likely be set until after the motion for a new trial hearing is held.
 
I'm guessing the court may order the state to turn over whatever they learned from the new witnesses (but I think that has already happened.) But the state can't be ordered to conduct any new investigation. We will see what happens at the hearing for a new trial, but as it sits now, I don't see the court ordering a new trial. The claims of the witnesses aren't enough. They will have to get the actual alleged killer to come forward. The allegations of connections to other missing people in the area are too vague. CBR admitted to too much in this case.
 

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