IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #39

[kpm]

Just a few reasons to waive prelim.....


The reasons the defense might waive the right to a preliminary hearing include:

The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel).

The defendant is guilty of more than the charged offenses and fears further charges from the potentially damning evidence that may come out at the preliminary hearing. Also, if the facts of the case are particularly nasty, and the defendant plans to plead guilty anyway, the less the sentencing judge hears about the facts, the better for the defendant.

The prosecution’s case is strong, and the defense fears that prosecution witnesses may become so entrenched in their positions once they testify under oath at a prelim that they may become angry (or angrier) with the defendant and possibly refuse later interviews requested by the defense as it prepares for trial.


Or to stall, hoping the case drags on and witnesses become less reliable, but I don’t think we have witnesses in this case that we know of yet!


When does it make sense to waive the preliminary hearing?

 

[EaglesSpeical]

Just a few reasons to waive prelim.....


The reasons the defense might waive the right to a preliminary hearing include:

The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel).

The defendant is guilty of more than the charged offenses and fears further charges from the potentially damning evidence that may come out at the preliminary hearing. Also, if the facts of the case are particularly nasty, and the defendant plans to plead guilty anyway, the less the sentencing judge hears about the facts, the better for the defendant.

The prosecution’s case is strong, and the defense fears that prosecution witnesses may become so entrenched in their positions once they testify under oath at a prelim that they may become angry (or angrier) with the defendant and possibly refuse later interviews requested by the defense as it prepares for trial.


Or to stall, hoping the case drags on and witnesses become less reliable, but I don’t think we have witnesses in this case that we know of yet!


When does it make sense to waive the preliminary hearing?

I am thinking reasons #2 and #3 on this list MOO.

 

[kpm]

I am thinking reasons #2 and #3 on this list MOO.

Me too......

 

[Al Hoffman]

IF CR is convicted of murder 1, what good would it do to registering him as a sex offender. Wouldn't he be in prison for life, without parole?

Yes, but the Judge still had to inform him, of his rights and consequences of that Arraignnement.

It's dotting the i's and crossing the t's. Appeals are based on court errors, not one's guilt or innocence.

 

[Trident]

No surprise here. Interesting adding a woman to the defense team. Kind of risky play that can backfire with a jury I have found from my experience as a federal court civil trial attorney. If the jury suspects a woman added to "soften" the defendant in the eyes of jury they will react negatively MOO. Trying to think of last high profile murder/SO case where woman/girl was victim and defense attorney was female? Not OJ...Anyone remember a similar case where female attorney was on defense team in prominent role?MOO

Philip Chism. There was a female attorney, and I won't say any more.
Philip Chism Found Guilty Of First-Degree Murder

 

[TL4S]

Part 2 of 3

From my armchair WS BAU:

Some suggest motive isn’t relevant. But I think important to building a prosecution, especially when the crime shocks & the perpetrator surprises. The human mind naturally searches to know why.

In the WS minority, I don’t think this crime was sexually motivated. Forensics may find no evidence of rape. Even if found, it doesn’t prove lust killing. I believe this was an anger/ rage killing. (Yes, I know rape is about anger, power & control.) Not anger at Mollie, but at women or society in general. I don’t think CR’s American dream has panned out as he had envisioned, and growing frustration, repeated rejections by various women, & inability to keep his new family together produced a sense of failure, emptiness, hopelessness and resentment. I think Mollie represented everything he wanted but couldn’t have. By taking her away, he hurts the society he blames for killing his dream. I also think anger turned to rage when she tried to call police (I think he told the truth about this). In his mind, she rejected him AND could potentially destroy any minute possibility of an American dream by taking away his America through deportation. He snapped. Remember “offender selects a victim, regardless of the category”, so just because he stalked her, doesn’t mean he didn’t snap.

I think I would agree with you on some of this. The manner in which he killed her, 'Multiple Sharp Force Trauma' indicates rage IMO. Granted, we don't know the details, which if released may change my thought processes considerably, but ever since the COD was announced, my overall view of the motive went from SA to rage (although I do think there is a sexual element).

I know many people don't believe CR's story, and I do fully think he's lying about parts (if not all), but I, for now, have to consider his account of the event, with him following her, trying to engage in conversation, which in his own twisted logic might have been innocent. But her rejection and fear of him (or something specific she said) triggered a rage that's always inside him for whatever reason. I guess I just haven't yet settled on a theory for motive.

That being said, I also strongly feel there is a possibility he has done other, similar crimes. If so, I think the motive could be a combination of SA and rage, or the rage is simply part of how he processes the situation while it's happening.

 

[jillycat]

IF CR is convicted of murder 1, what good would it do to registering him as a sex offender. Wouldn't he be in prison for life, without parole?

If the statute compels it, I assume it follows no matter what the sentence.

 

[kpm]

Philip Chism. There was a female attorney, and I won't say any more.
Philip Chism Found Guilty Of First-Degree Murder

Sounds familiar....always blaming the victim!

That was horrific what he did to her....

Chism, then 14, told a state police detective that there was “some trigger word that got him angry,” Lt. Norman Zuk testified about the interview he and other officers had with Chism in the early morning hours of Oct. 23, 2013. Chism wouldn’t say what that word was, Zuk said.



Philip Chism told police 'trigger word' made him angry at Colleen Ritzer

 

[The Farm]

Philip Chism. There was a female attorney, and I won't say any more.
Philip Chism Found Guilty Of First-Degree Murder

Oh yes I remember this!

 

[kpm]

Richards says Rivera's family hired him and that he hasn't spoken with Rivera about being replaced. Richards says he understands if Rivera wants attorneys with more criminal trial experience.

Jennifer Frese confirmed Monday that the two have been privately retained to represent Rivera.




Who is paying for them???? That’s a huge bill!

Latest: Suspect in Iowa Student's Killing Hires New Lawyers

 

[gliving]

Cristhian Rivera changes lawyers in his murder case

Thanks Gardenista.

"She's an attorney in Marshalltown. Frese is trying the murder case with her husband, Chad Frese. The husband-wife team do not work at the same offices, and according to Jennifer Frese, the pair have never worked on a case together before this one."

Her husband has more info when googling about his career. The first thing I found on Ms. Frese is her facebook page.

I'll admit CR's previous attorney Mr. Richards didn't inspire my confidence in his abilities as an attorney.

 

[TL4S]

Is it possible the SO designation is in relation to the mother of his child? How old was she when he got her pregnant?

I'm wondering, though, if that would have to be considered in a separate court case since IM and her child are wholly unrelated to the case against CR for the death of MT.

 

[Al Hoffman]

Cristhian Rivera changes lawyers in his murder case

To quote Gomer P.: "surprise, surprise, surprise"

I'm still waiting to see what money will come forward to support CR's defense. There may be more changes of counsel as things progress, though this couple seems more conventional.

I wonder if the Iowa Bar quietly facilitated this change, to avoid further embarishment to the State?

It's best that CR has competent defense, to avoid a valid appeal of a conviction.

 

[Gardenista]

Thanks Gardenista.

"She's an attorney in Marshalltown. Frese is trying the murder case with her husband, Chad Frese. The husband-wife team do not work at the same offices, and according to Jennifer Frese, the pair have never worked on a case together before this one."

Her husband has more info when googling about his career. The first thing I found on Ms. Frese is her facebook page.

I'll admit CR's previous attorney Mr. Richards didn't inspire my confidence in his abilities as an attorney.

Check Mr. Frese's FB page. I've got a feeling we'll be on lawyer number 3 soon.

 

[kpm]

To quote Gomer P.: "surprise, surprise, surprise"

I'm still waiting to see what money will come forward to support CR's defense. There may be more changes of counsel as things progress, though this couple seems more conventional.

I wonder if the Iowa Bar quietly facilitated this change, to avoid further embarishment to the State?

It's best that CR has competent defense, to avoid a valid appeal of a conviction.

His family hired Richards and the new attorneys have been privately hired

Who the heck is paying for this?

 

[Charliegizmo49]

Cristhian Rivera changes lawyers in his murder case

GOT A NEW TEAM OF LAWYERS FIRST THING THIS MONDAY MORNING

 

[The Farm]

Richards says Rivera's family hired him and that he hasn't spoken with Rivera about being replaced. Richards says he understands if Rivera wants attorneys with more criminal trial experience.

Jennifer Frese confirmed Monday that the two have been privately retained to represent Rivera.




Who is paying for them???? That’s a huge bill!

Latest: Suspect in Iowa Student's Killing Hires New Lawyers

Who is paying? His people and I would not doubt if they are holding fundraisers etc. I wonder if they have one of those pages? Nahhh I do not think it would be allowed.

 

[Charliegizmo49]

His family hired Richards and the new attorneys have been privately hired

Who the heck is paying for this?

He’s not. I’ll bet a civil rights group.

 

[Trident]

His family hired Richards and the new attorneys have been privately hired

Who the heck is paying for this?

You and I, the good people of Iowa? This is something to keep an eye on IMO.

 

[kpm]

Who is paying? His people and I would not doubt if they are holding fundraisers etc. I wonder if they have one of those pages? Nahhh I do not think it would be allowed.

Unreal.....

I will bite my tongue now