IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #41

[Al Hoffman]

Ms. Betsy posted in this thread, “I
also believe he cornered and isolated her, and killed her in a violent frenzy. There is no evidence that he held her somewhere, but we do have evidence (fit bit data) that suggests he killed her in an uncontrollable rage.” I was curious about the last part of her sentence, /The fit bit data suggests he killed her in an uncontrollable rage./ Would a family member shared her downloaded fit bit data?

No, we are mainly inferring from the arrest warrant application, which gave a time interval of 19:45 to 20:28 for the homicide, that there might be FitBit data that gave this precise time.

Also, know that I saw a LEO on MSM video complain about not finding MT at the "pig farm", because that is the last place her FitBit "pinged". That is my recollection only, an I am not prepared to dig back and find the clip.

LE is not saying much, and the preliminary hearing today was waved, so it may be a while before we hear anymore official info. Maybe the Daily Mail will come up with a jail house bunkie conversation. Who knows, as the folks that do are remaining tight lipped!

 

[tmar]

I agree he acted alone

He may have been the only one in the car stalking Mollie, as only one person visible on Camera, but could he have then, with Mollie's body, meet another person: in another car.
He would have blood on his body, and required a 'clean up', before arriving to the trailer.
An accomplice, knowing a crime has been committed.

 

[ChuckMaureen]

My point being when does "custody start. At that point, the subject must be Mirandize or what ever is said past that point is not admissible and can be suppressed. No matter what they show you on video, when you ask "Can I leave now?" You either have to be allowed to walk out, or be Mirandized. If you chose to stay and keep talking, even though you could walk away, that's on you.

I don't think that CR is sophisticated to know this, and because of his life and time might be to scared to not tell the truth, and be unable to say no. I still maintain that this could be grounds to suppress the confession.

At the end of the day, this is just a conjecture, and without or with the confession CR will be convicted and spend the rest of his life in jail, because of the predominance of the rest of the evidence against him.

You can read about a death penalty case that was reduced to 20 years, and the convicted murderer walked away after 12 and 1/3 years, because of suppressed statements taken by LE while she was in custody. It took her 3 days to kill her child. LE found the child's pony tail in the trash, with the scalp still attached.

Please Google "Christina Dillard enters guilty plea - Picayune Item"

In the MT case, there is a "probable cause finding for the charge of murder in the first degree." This case is already on its way to a positive outcome regarding justice.

 

[Al Hoffman]

He may have been the only one in the car stalking Mollie, as only one person visible on Camera, but could he have then, with Mollie's body, meet another person: in another car.
He would have blood on his body, and required a 'clean up', before arriving to the trailer.
An accomplice, knowing a crime has been committed.

"Accomplice after the fact"

 

[ChuckMaureen]

Is this lawyer dude one of the least-articulate individuals ever seen in the profession?

It's a good thing CR fired AR (the attorney in this video) because IMO, his demeanor and speech pattern seem as grounds for potential charge of incompetence, assuming he presents as the same in court. Yes, MOO but, is he not self-aware to any degree?

Satellite delay? Perhaps.

ITA that what he said was spot-on regarding our system of justice but how he communicated it was nothing short of staccato babble that IMO would cause juries to tune out and ignore.

 

[tmar]

A short fuse to begin with, perhaps, possibly coupled with some pent-up frustrations and maybe topped off by some word or gesture that set him off. I can certainly see it.

And keep in mind, there was no positive outcome for this dude. Walking away after it was clear that she felt he was harassing her would have eventually led to a visit from the sheriff who would have no doubt uncovered his immigration status, or a visit from the boyfriend and several truckloads of his buddies.

So maybe he freaks out and kills her on the spot, or maybe he realizes he's crossed a line and does what he thinks he has to do to save his skin. I could see either scenario.

As I felt sorry, for someone, out of work, living close by, I gave him some paid gardening work. One day, he became very aggressive, shouting as he chose to do other things, on my property. I was very frightened, shaking and asked him to leave. Now months later, he tries to make eye contact, whilst I ignore him.
Out alone, as Mollie, a 'short fuse' person, could cause great harm.

 

[MsBetsy]

Maybe. Then the pleading guilty like I said. Think about it. His only salvation in getting second will be that the Tibbets family seem to be a very forgiving family and perhaps to avoid a long drawn out trial which would be horrible for all of them they might accept a lesser. I donno. I'm no attorney. All I said it 'there will be NO trial'.

Have we heard from any attorneys regarding this? Isn't it common to plead not guilty, despite the amount of evidence? What happens after he pleads not guilty ( if so) do they then bring the option of pleading to murder 2? Who initiates it? I am curious as to how this works. What about the notion that when the preliminary hearing is waived it is likely that the details of the case are particularly gruesome? How often is that the case? I have read several opinions and all seem to make sense. Just wondering if our attorneys have given their opinions.

 

[ChuckMaureen]

A cualquier persona bajo custodia policial se le deben decir cuatro cosas antes de ser interrogado:

Usted tiene derecho a permanecer en silencio.

Todo lo que diga puede y será utilizado en su contra en un tribunal de justicia.

Tienes derecho a un abogado.

Si no puede pagar un abogado, se le asignará uno.

 

[Anthony D]

How long of a battery does the Fitbit have before it needs to be charged ?

 

[tmar]

"Accomplace after the fact"

All my speculation, wondering why a second car, the Nissan was towed:
?? if there is an accomplice, could Mollie still have been alive, when transported from boot, and accomplice....
Therefore another also involved in Mollie's death.

 

[TL4S]

What exactly does that mean? The illegal status? It might be holding things up? That may have to do with them waiving the hearing? Do they know his real name yet?

I don't know what it means. I do think other charges could have caused them to waive it, and some of those might have to do with his illegal status/identity.

 

[tmar]

How long of a battery does the Fitbit have before it needs to be charged ?

My fitbit doesn't require charging: it operates on my movement.
One battery, every year.
Each night I take it off, and it resets every morning, when I wear it.
Guess there are many types.
If I wasn't moving, my fitbit, would keep my last steps etc displayed until next day: I think mine is a 24 hour cycle.

 

[Al Hoffman]

Is this lawyer dude one of the least-articulate individuals ever seen in the profession?

It's a good thing CR fired AR (the attorney in this video) because IMO, his demeanor and speech pattern seem as grounds for potential charge of incompetence, assuming he presents as the same in court. Yes, MOO but, is he not self-aware to any degree?

Satellite delay? Perhaps.

ITA that what he said was spot-on regarding our system of justice but how he communicated it was nothing short of staccato babble that IMO would cause juries to tune out and ignore.

Of note, from MSM report, CR's family hired the new legal dynamic duo and the media informed the original attorney that he had been replaced.
Maybe they were scared by him too.

 

[cluciano63]

If he does plead guilty, which I hope very much he does...he has to admit to everything he did...which is why so few do. They often want to be able to at least keep their families on their side and believing in their innocence and victimhood.

I have seen too many cases where one parent who killed their spouse refuse to ever admit it and the kids end up never speaking again, due to some believing their parent, others not. I can think of a few now, but their names escape me at the moment. I think it may be harder for this guy to admit he did it to his parents than to a judge. Jmo

 

[SharonNeedles]

Maybe. Then the pleading guilty like I said. Think about it. His only salvation in getting second will be that the Tibbets family seem to be a very forgiving family and perhaps to avoid a long drawn out trial which would be horrible for all of them they might accept a lesser. I donno. I'm no attorney. All I said it 'there will be NO trial'.

Absolutely not. If CR were allowed to plead to a lesser charge this whole state would riot.

 

[Al Hoffman]

How long of a battery does the Fitbit have before it needs to be charged ?

A few days, maybe 5, less than a week.

 

[Vedder]

If he does plead guilty, which I hope very much he does...he has to admit to everything he did...which is why so few do. They often want to be able to at least keep their families on their side and believing in their innocence and victimhood.

I have seen too many cases where one parent who killed their spouse refuse to ever admit it and the kids end up never speaking again, due to some believing their parent, others not. I can think of a few now, but their names escape me at the moment. I think it may be harder for this guy to admit he did it to his parents than to a judge. Jmo

Can he plead guilty without divulging details?

 

[MistyWaters]

I don't know what it means. I do think other charges could have caused them to waive it, and some of those might have to do with his illegal status/identity.

Given CR implicated himself and led LE to her body, there’s just no way his murder charge would get dismissed at a preliminary hearing.

*****
What is a preliminary hearing?

“At a preliminary hearing, the State must show that the charges are based on probable cause (a reasonable person would believe a crime was committed, and that the defendant committed the crime). The Court must find substantial evidence to support probable cause...

A preliminary hearing can be waived, which is when a defendant can give up his or her right to the hearing. It is generally waived at the initial appearance.

If the judge decides probable cause has been established, the case proceeds.

If the judge decides probable cause has not been established, the Court dismisses the case without prejudice.
What is a preliminary hearing? - Polk County Attorney's Office

 

[ChuckMaureen]

Given CR implicated himself and led LE to her body, there’s just no way his murder charge would get dismissed at a preliminary hearing.

*****
What is a preliminary hearing?

“At a preliminary hearing, the State must show that the charges are based on probable cause (a reasonable person would believe a crime was committed, and that the defendant committed the crime). The Court must find substantial evidence to support probable cause...

A preliminary hearing can be waived, which is when a defendant can give up his or her right to the hearing. It is generally waived at the initial appearance.

If the judge decides probable cause has been established, the case proceeds.

If the judge decides probable cause has not been established, the Court dismisses the case without prejudice.
What is a preliminary hearing? - Polk County Attorney's Office

A finding of probable cause for the charge of first degree murder has already been established in this case.

 

[Confusion]

I've been thinking about CR's story and what I've heard about MT's personality, and it finally hit me what I felt seemed wrong. I really don't think MT saw him as a threat until it was too late. It seems to me that she was more annoyed with him than she was afraid, which is understandable considering the environment around her. If she was actually afraid, I think she would have immediately called 911 instead of threatening to (if that part of his story is true). I also feel like she would probably have held her ground more and looked for something to use for defense rather than try to outrun a man in a car. In my mind, I think that what outraged him wasn't her threatening to call 911 so much as it was her just turning her back on him and totally dismissing him. I get the feeling that she wasn't really even trying to run away from him, but she just continued her run as if he weren't even there. That can be pretty hard on an already vulnerable ego, or one who expects obedience from females. MOO