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

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It is based on a number of previous posts that cite and point out that age of concent in Iowa is 16 (which I recall from my time there) and that Iowa law allows for a 5 year separation between partners. IM was a year ahead of MT in school (up post) and older than age of consent when she had the kid 3 years ago. Without her testimony how are you going to prove CR had sex with her before age of consent? And if this were an even semi-legitimate claim, the Daily Mail would already be all over it.

Consent in Iowa is three-tiered. Generally speaking the age of consent is 16. It drops to 14 as long as the older party isn't more than five years older than the younger party. If the older party is in a position of authority over the younger party, such as a teacher/student relationship, the younger party must be at least 18 to give consent.

Since she was over 14 when she got pregnant and he's not more than five years older than she is, statutory rape is not in play.

Also, IMO no competent State prosecuter is going to waste his time on this trival a matter when he has a Murder One case to peruse. It detracts from the more serious case at hand, and dilutes the State's prosecutorial effort. The goal here is to send CR away from life for Murder One, and everything else is a distraction.

Agreed.
 
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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'm pretty certain he raped her now. And the rape was done after she was dead. This is similar to the Philip Chism case where he killed a teacher and there is overwhelming evidence that she was raped twice, but Philip claims he never raped her, just knocked her out and killed her...she never knew what happened to her. Why wouldn't he admit to it? Because admitting you raped a corpse would be so embarrassing.
 
I would love to have fake accounts but I am horrible at creating user names, then when I come up with something clever it’s taken so I usually just give up and use my real name since I seem to be able to remember that.
I just use my dogs name...don't figure he will care. however that has led to him getting offers in the mail and it is a little strange when I get a call selling something and the name they ask for is the dog.
 
"The family reached out (to) us and we met with them first and then we met with Mr. Rivera on Friday evening and he decided to move forward with the change of counsel," Jennifer Frese said.

Frese said she and her husband have been privately retained by Rivera's family.


Mollie Tibbetts case: Suspect Cristhian Rivera changes lawyers
 
“I don’t know what’s going on,” his uncle, Eustaquio “Capi” Bahena Radilla, said in an interview Thursday conducted through an interpreter at his trailer home in Brooklyn. “I don’t know what’s happening because honestly, I know he’s a good person.”

Rivera’s father echoed his comment, saying Thursday that he believed that his son was innocent and calling reports of his confession “pure lies.”

“If he had done what they say he did, he would have come back here [to Mexico],” Eduardo Bahena Radilla, his father, said in a telephone interview from Guayabillo, a small town in Mexico. “But he’s innocent, so he didn’t run and hide.”


“He seemed calm,” Bahena said. “I didn’t sense anything was wrong.”


Around his 16th birthday, Rivera left Guayabillo to find work in the United States, his father said.

“There are no jobs here, so he left,” Bahena said, adding that his son crossed the border illegally and was undocumented in the United States.

He settled in Iowa because his uncle was already living there, Bahena said. He found work on a series of milk farms and often sent money back to his parents in Mexico.


More from his family and a friend of Mollie’s who was “friends” with CR on FB

She and Mollie were part of a chat group.

Suspect’s relatives say they’re baffled by arrest in Mollie Tibbetts case
 
*I seriously don't mean to rehash things. Honestly. I'm very map and time obsessed right now and need to know if this works.

Has it been confirmed how fast Mollie normally ran?

I ask because distance-wise, I don't think it would be out of line for her to normally run to some point (or to the end) of the 1900 block of 385th. If she was running an 8 minute mile pace or less, running all the way to the end and home would be close to 45 minutes.

If she was planning to go straight to her mom's from Boundary and Middle area, she'd only have really run a couple of miles that night. Which maybe was the case, but that wasn't her normal distance, I don't think.

Going with this idea, I think CR followed her down 385 and either ambushed her towards the less-populated eastern end, or waited for her somewhere there until she was on her way back. That spot on LE's map was probably due to a Fitbit spike during abduction, which likely was a grab and go.

If Mollie was running about an 8 minute mile, that would have put her at that red dot around 8pm or shortly after. From that intersection it takes around 15 minutes to drive to the cornfield via V21 (sorry, I had this wrong yesterday) and past pig farm (only 1 mile away from cornfield).

I think he could have dragged/carried her into the cornfield and done all he did in approximately 10 minutes, and her Fitbit showed death at 8:28pm, or CR was on his phone at 8:28. Something. JMO

Of course, if she was a much slower runner, this scenario wouldn't work the same.
Don't worry about rehashing, especially on this particular aspect of the case. I'm still very anxious to figure out the order and details based on the maps and other evidence. Others must be too. The more people posting scenarios the better. I'm hoping when I get home later I can ponder over some of these. It's especially helpful when people are good with maps to help the rest of us put things in perspective and organize the possible order of events in our heads.
 
40 students per grade, chances Mollie had seen CR are much greater, he probably attended games to watch IM cheerlead

ETA: She MAY not have been alarmed by him if he asked for help or asked if she needed a ride.

I don’t buy that he ran next to her, I think he somehow got her in the car under false pretenses.

My thinking is, if she was scared enough to say she was calling 911, she would have probably started screaming in he grabbed her phone or lunged at her, people would have heard that.

Moo
According to LEO who spoke at the PC, there were no houses or buildings nearby or in view on the gravel road where he said he approached her when she was running and then "blocked" or "blacked" out and "came to" and realized she was in the trunk of his car with blood on the side of her head. It was the 'remote' portion of her running route, so there were no people around to hear or see anything. Which goes to premeditation IMO - he was on video driving back and forth on another part of her route stalking her earlier in the area where a residence had a video camera, then he "made his move" on the stretch of road where no one was around.
 
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I'm curious. I thought attorney number one was maybe a volunteer. Are the two new attorneys volunteering also. It sounds like the families are hiring this new duo and I'm wondering who's paying???
 
According to LEO who spoke at the PC, there were no houses or buildings nearby or in view on the gravel road where he said he approached her when she was running and then "blocked" or "blacked" out and "came to" and realized she was in the trunk of his car with blood on the side of her head. It was the 'remote' portion of her running route, so there were no people around to hear or see anything. Which goes to premeditation IMO - he was on video driving back and forth on another part of her route stalking her earlier in the area where a residence had a video camera, then he "made his move" on the stretch of road where no one was around.

I just looked up the stretch of 1900 block of 385th Avenue, I see know that it’s more desolate than the route one of the news casts presented.
 
I'm curious. I thought attorney number one was maybe a volunteer. Are the two new attorneys volunteering also. It sounds like the families are hiring this new duo and I'm wondering who's paying???

News accounts are saying all 3 were privately hired by the family, I’ve posted a few articles supporting their statements back a few pages.
 
Initially, I thought (hoped) perhaps CR’s killing of MT was unintentional based on what little information we had from his statement.
But after learning of the multiple sharp forced injuries, I now suspect his actions were premeditated.
Any story he now offers is likely all about self preservation, minimizing, and finding any loop holes for defense.
 
That is strange Al, did they even know here, how did this group come into play?

This was a high profile case (at least in the State level MSM), of the brutal murder of a 12y/o by her parents that occurred in Picayune MS, over a three day period, a month after H. Katrina had devastated the coast in 2005. The world's eyes were on the area at the time (I was living in a carport just outside of New Orleans) and LE from around the country were on the ground providing assistance to the area. Also, the case was assigned to the Mississippi State (Public Defender) Office of Capitol Defense Councel, and that alone would have put it on the anti-death penalty groups' radar, as they monitor for and closely follow this type of case.

To point out the need for the State to provide a competent defence, please note that a law was passed in 2000 by Mississippi to mandate that the State, not the County, must provide a defense team for any Capitol (death penalty) Murder case. This because a county in Mississippi actually went bankrupt defending a Capitol Murder case!

You can Google "Christina Dillard enters guilty plea - Picayune Item" from May 21, 2009 for further information. The article demonstrates the importance of a valid Miranda, and what could happen in the trial of CR for MT's murder if his Miranda Rights weren't done right! A succession of DA's assured us that Christina would go to jail for life. She got out of jail last December after 12 and a 1/3 years.
 
According to LEO who spoke at the PC, there were no houses or buildings nearby or in view on the gravel road where he said he approached her when she was running and then "blocked" or "blacked" out and "came to" and realized she was in the trunk of his car with blood on the side of her head. It was the 'remote' portion of her running route, so there were no people around to hear or see anything. Which goes to premeditation IMO - he was on video driving back and forth on another part of her route stalking her earlier in the area where a residence had a video camera, then he "made his move" on the stretch of road where no one was around.
Did he specify 'gravel' road? Boundary is gravel just after Middle St., but there are buildings all around and a couple houses. 385 is paved until the intersection of 220, where it turns to gravel.
 
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