Found Deceased IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #46

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Alethea said:
I love watching trials but don't do trial work in my own practice. My husband ribs me when I'm watching trials, "you know you can do this yourself, right?" I like watching for a couple of days, not preparing for a year! ;)
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I bet it requires quite a bit of sticktuitivenes to prepare for trial for a year!
Speaking of that type of timeframe, what does CR (using other similar cases as examples) waiving his right to a speedy trial possibly mean?
Do lawyers in high profile cases like this tend to think their defense would be better served if there is more time for a cooling off period, or is it typically just the more time the better to prepare when there has been some admission of guilt or involvement (since he claims he blocked out his memory of the murder)?
Thanks in advance, realizing it’s pure speculation of course, just curious about trends on timeframes for trial prep.
 
Twistinginthewind said:
I bet it requires quite a bit of sticktuitivenes to prepare for trial for a year!
Speaking of that type of timeframe, what does CR (using other similar cases as examples) waiving his right to a speedy trial possibly mean?
Do lawyers in high profile cases like this tend to think their defense would be better served if there is more time for a cooling off period, or is it typically just the more time the better to prepare when there has been some admission of guilt or involvement (since he claims he blocked out his memory of the murder)?
Thanks in advance, realizing it’s pure speculation of course, just curious about trends on timeframes for trial prep.
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Your right to a speedy trial stems from your right to not be accused of a crime indefinitely and the right to your "day in court" as they say. But in complicated cases, especially when there is going to be forensic evidence and scientific testing and testimony, both sides need a considerable amount of time to review the evidence and test it themselves. The defendant often waives his speedy trial requirement so his own team has enough time to test and try to rebut the prosecution evidence. I'm sure his attorneys just think they couldn't do the best job they could if they were rushed - in cases where your client's life depends on it, you are not really thinking about giving up time that could be used to try to poke holes in the prosecution evidence. If you have a simple case where the penalties are not severe, your client may instruct you that their goal is to get out of jail as soon as possible so they want their speedy trial and they want to get it over with. It depends on the case and the client.

There are a lot of pre-trial motions to try to get evidence excluded or ruled admissible. Both sides will hire expert witnesses to testify about the scientific evidence that will be introduced. It's a lot of paperwork. It's also a lot of reading usually because the prosecution has to turn over all evidence to the defense, including anything that could be considered exculpatory. In white collar cases we fondly call it the "document dump" because the prosecution may produce 10,000 e-mails to you when only 10 are really relevant to the case at hand. In violent crime the evidence may be more scientific than electronic, so it would be analyzing lab results and hiring experts to analyze physical evidence as well.
 
Alethea said:
Your right to a speedy trial stems from your right to not be accused of a crime indefinitely and the right to your "day in court" as they say. But in complicated cases, especially when there is going to be forensic evidence and scientific testing and testimony, both sides need a considerable amount of time to review the evidence and test it themselves. The defendant often waives his speedy trial requirement so his own team has enough time to test and try to rebut the prosecution evidence. I'm sure his attorneys just think they couldn't do the best job they could if they were rushed - in cases where your client's life depends on it, you are not really thinking about giving up time that could be used to try to poke holes in the prosecution evidence. If you have a simple case where the penalties are not severe, your client may instruct you that their goal is to get out of jail as soon as possible so they want their speedy trial and they want to get it over with. It depends on the case and the client.

There are a lot of pre-trial motions to try to get evidence excluded or ruled admissible. Both sides will hire expert witnesses to testify about the scientific evidence that will be introduced. It's a lot of paperwork. It's also a lot of reading usually because the prosecution has to turn over all evidence to the defense, including anything that could be considered exculpatory. In white collar cases we fondly call it the "document dump" because the prosecution may produce 10,000 e-mails to you when only 10 are really relevant to the case at hand. In violent crime the evidence may be more scientific than electronic, so it would be analyzing lab results and hiring experts to analyze physical evidence as well.
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I've been wanting to say thanks for all the information you've taken the time to share with this group....much appreciated!
 
Charliegizmo49 said:
It’s breaking my heart to see this thread so inactive. I hope Mollie is not forgotten.[/QUOTE
I've followed this case from day 1. I lived very close to the area for several years and Mollie as a person in REAL LIFE touched me. Don't get me wrong, my heart breaks for every single, solitary missing man/woman and child. I cannot fathom encountering such evil! I pray for Mollie's sake she went quickly. I truly don't believe CR will ever give an honest account of what actually took place.
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Seattle1 said:
It was reported last August that Mollie's autopsy was complete, and a preliminary report issued that her death was a "homicide resulting from multiple sharp force injuries," the Iowa State Medical Examiner said. It's also protocol for the ME to release the body to the family at completion of autopsy, and Mollie's funeral was held on August 26. CBR waived his right to a speedy trial -- trial date is April 16, 2019.
Mollie Tibbetts autopsy finds that she died by 'multiple sharp force injuries' - CNN
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Yea but I remember someone mentioning here that no body or urn was present at the funeral because they were doing further tests.

I dunno where find a grave gets their info but I guess she must have been cremated at some point between the completion of those tests and now.
 
More than 1,200 people turned out to celebrate Mollie's life during an emotional funeral service. The gym was outfitted with a makeshift altar, covered in a simple white cloth. Three of Mollie's senior portraits were displayed at the front of the gym. No casket or urn was present. None of the articles I've seen have stated a reason for this nor has there been any mention of a private service.

Find a Grave.JPG

Find a Grave
 
Charliegizmo49 said:
CR May have stalked her one or more times. We don’t know at this time. I believe LE said his car appeared on video multiple times. If stalking is proved is that enough to also prove premeditation?
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The following relates to attempted murder but obviously applies to murder itself.

In order to be convicted of attempted murder, a prosecutor must show that the accused took a “direct step” towards killing the targeted victim. Courts have explained the requirement for a direct step by stating that a person must go beyond merely preparing to commit the crime, and instead cross over into actually perpetrating it. Preparation is thinking about committing the crime, talking about it, or otherwise planning to do it, while perpetration is taking an action that puts the plan in motion and that would result in the intended killing. The kinds of actions that are enough to be a direct step differs from case to case, though there are a range of actions that can qualify, such as:

• Stalking, tracking, or ambushing. This includes hiding out in waiting, tracking the victim down, or following the victim, hoping for an opportunity to commit the murder.

Attempted Murder
 
This is interesting! From the court site:

Event Filed By Filed Create Date Last Updated Action Date
OTHER EVENT 10/24/2018 10/24/2018 10/24/2018
Comments: 2 postcard's rec'd
OTHER EVENT 10/23/2018 10/23/2018 10/23/2018
Comments: 10 POSTCARDS REV'D
OTHER EVENT 10/22/2018 10/22/2018 10/22/2018
Comments: 4 postcards rec'd
OTHER EVENT 10/22/2018 10/22/2018 10/22/2018
Comments: 45 postcards rec'd
OTHER EVENT 10/19/2018 10/22/2018 10/22/2018
Comments: 49 postcards rec'd
OTHER EVENT 10/18/2018 10/18/2018 10/18/2018
Comments: 59 POSTCARDS REC'D
OTHER ORDER YATES JOEL D 10/17/2018 10/19/2018 10/19/2018
Comments: CALENDAR ENTRY RE: MOTION FOR BILL OF PARTICULARS
OTHER EVENT 10/17/2018 10/17/2018 10/17/2018
Comments: 9 POSTCARDS REC'D
OTHER EVENT 10/16/2018 10/16/2018 10/16/2018
Comments: 38 POSTCARDS REC'D
OTHER EVENT 10/15/2018 10/15/2018 10/15/2018
Comments: 5 MORE POSTCARDS REC'D GIVEN TO ASSIGNED JUDGE
OTHER EVENT 10/15/2018 10/15/2018 10/15/2018
Comments: 129 POSTCARDS REC'D GIVEN TO ASSIGNED JUDGE
OTHER EVENT 10/12/2018 10/12/2018 10/12/2018
Comments: 29 POSTCARDS REC'D GIVEN TO ASSIGNED JUDGE
OTHER EVENT 10/11/2018 10/12/2018 10/12/2018
Comments: 4 POSTCARDS REC'D GIVEN TO ASSIGNED JUDGE
RESISTANCE ROAN LAURA 10/10/2018 10/10/2018 10/10/2018
Comments: STATE'S RESISTANCE TO MT FOR BILL OF PARTICULARS
OTHER EVENT 10/10/2018 10/12/2018 10/12/2018
Comments: 38 POSTCARDS REC'D GIVEN TO ASSIGNED JUDGE
MOTION FRESE JENNIFER JO 09/28/2018 10/01/2018 10/01/2018
Comments: FOR BILL OF PARTICULARS
OTHER EVENT FRESE CHAD R 09/20/2018 09/20/2018 09/20/2018
Comments: DISCOVERY AGREEMENT
ORDER ON INTERPRETER OR TRANSLATOR FEE ITEMIZATION YATES JOEL D 09/19/2018 09/19/2018 09/19/2018
Comments: CERTIFIED COPY TO INTERPRETER
ORDER SETTING HEARING YATES JOEL D 09/19/2018 09/19/2018 09/19/2018
Comments: TRIAL MANAGEMENT HEARING 12/12/2018 09:30 AM 79DI.
INTERPRETER NOTIFIED THRU EMAIL


link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

What's with the "postcards" ??

And I put the next court date in bold.
 
SharonNeedles said:
That’s exactly what that is and it’s very political. These postcards were created out of state and distributed all over. Right before the midterms with some pretty significant Iowa elections coming down to the wire with a big focus on illegal immigration and associated costs.

Postcards ask judge to limit defense for accused killer of Mollie Tibbetts
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Wow, seems highly inappropriate. I wonder who paid for those post cards?

ETA: Nevermind. I checked out the organization, it's pretty kooky, as is the owner. I used to kind of laugh off these crackpots, but lately I view them and their members in a different light.
 
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Betty P said:
Wow, seems highly inappropriate. I wonder who paid for those post cards?

ETA: Nevermind. I checked out the organization, it's pretty kooky, as is the owner. I used to kind of laugh off these crackpots, but lately I view them and their members in a different light.
Click to expand...


The judge would just about sign an appeal if he appears to respond to those cards. They are useless unles used to show bias.
 
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