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

[Twistinginthewind]

I believe it's postcards being sent to the judge in protest of the $5,000 PI fees for the defense.

Postcards ask judge to limit defense for suspect in Tibbetts' murder
Oct 15, 2018
More than 200 people have sent postcards to Judge Joel Yates protesting his decision to authorize $5,000 for an investigator to work with Cristhian Bahena Rivera's [sic] defense attorneys. Rivera is charged with killing 20-year-old Mollie Tibbetts.

 

[Alethea]

Unfortunately anyone tried in a US criminal court is entitled to a defense. Postcards are going to do nothing to change the Supreme Court precedent this judge is bound to follow.

 

[girlhasnoname]

Unfortunately anyone tried in a US criminal court is entitled to a defense. Postcards are going to do nothing to change the Supreme Court precedent this judge is bound to follow.

BBM
Yes, as much as I loathe CR......he is and I wouldn't want one, single, iota of a thing to be a ground for appeal.

 

[Twistinginthewind]

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

Thank you for this clarification, JJ.

I think I understand now how the attempted murder charge could be based on CR preparing versus perpetrating to attempt to murder Mollie.

Just wondering as I ponder this information, two things:

(1) is the premeditated murder CR is charged with in the same 'basket' as preparing for or perpetrating attempted murder, and

(2) if there is evidence that the original intent of CR stalking, tracking, or ambushing Mollie was to interact with her sexually (sorry, I don't know how else to say that, and know there are no charges or evidence publicly available) and when she threatened to call the police (if what he said was true) that led to him becoming angry and then physically assaulting her that led to him murdering her (rather than 'just' having the intent from the beginning to murder her), whether that complicates the attempted murder or premeditated murder charges and proving them.

I hope my questions make sense.

Thanks in advance, and I'm glad you're here on Mollie's thread and willing to teach us what some of the intricacies of the case are, and how they may play out.

 

[Charliegizmo49]

Actually I agree, just why should the taxpayers pay for a BETTER defense for a illegal that commited murder?

It might astronomically increase an appeal. $5 k is a cheap price to pay to avoid it.

Unfortunately anyone tried in a US criminal court is entitled to a defense. Postcards are going to do nothing to change the Supreme Court precedent this judge is bound to follow.

I agree. People don’t educate themselves. And I hope this will have no bearing on the case in Chief. It concerns me as defense in this case have limited paths to follow. I’ve watched crazier things happen.

 

[Jealoushe]

Im still here too....waiting for justice

 

[gregjrichards]

Im still here too....waiting for justice

Me as well. I think of Mollie’s family and boyfriend as they face their first holiday season without her.

 

[PommyMommy]

Mollie Tibbetts slaying: Suspect's lawyer removes post calling another client a 'terrible criminal'
A lawyer representing a notorious Iowa murder suspect removed a Facebook post Friday in which he called another client an "idiot" and "terrible criminal" who deserved to be jailed.

Iowa rules of professional conduct require lawyers to keep client conversations confidential in order to maintain their trust and to limit public statements about pending cases, particularly those that can result in incarceration. Lawyers are to refrain from discussing "the character, credibility, reputation, or criminal record" of any party and from offering opinions on innocence or guilt.

Frese had already come under scrutiny for an earlier Facebook post after Bahena Rivera was charged. Frese, who didn't yet represent Bahena Rivera, wrote that the public had unfairly rushed to judgment against a farmer who'd been interviewed by investigators during the search for Tibbetts, writing: "But wait .... an illegal alien snatched her up and committed this heinous act? He admitted to it? He took the cops to the body?"

Lawyer of man accused of killing Mollie Tibbetts removes post calling his client a 'terrible criminal'
"It's amazing any lawyer would put that on social media," said Des Moines attorney Grant Woodard. "I think it violates the sacred trust between an attorney and the client."

Frese didn't identify the client, but he posted enough information that the man's name could be determined through court records.

Asked about the post Friday, Frese removed it and twice claimed that he was referring to a "former client." He later admitted that was false, saying he was caught off guard by the inquiry.

 

[girlhasnoname]

Mollie Tibbetts slaying: Suspect's lawyer removes post calling another client a 'terrible criminal'
A lawyer representing a notorious Iowa murder suspect removed a Facebook post Friday in which he called another client an "idiot" and "terrible criminal" who deserved to be jailed.

Iowa rules of professional conduct require lawyers to keep client conversations confidential in order to maintain their trust and to limit public statements about pending cases, particularly those that can result in incarceration. Lawyers are to refrain from discussing "the character, credibility, reputation, or criminal record" of any party and from offering opinions on innocence or guilt.

Frese had already come under scrutiny for an earlier Facebook post after Bahena Rivera was charged. Frese, who didn't yet represent Bahena Rivera, wrote that the public had unfairly rushed to judgment against a farmer who'd been interviewed by investigators during the search for Tibbetts, writing: "But wait .... an illegal alien snatched her up and committed this heinous act? He admitted to it? He took the cops to the body?"

Lawyer of man accused of killing Mollie Tibbetts removes post calling his client a 'terrible criminal'
"It's amazing any lawyer would put that on social media," said Des Moines attorney Grant Woodard. "I think it violates the sacred trust between an attorney and the client."

Frese didn't identify the client, but he posted enough information that the man's name could be determined through court records.

Asked about the post Friday, Frese removed it and twice claimed that he was referring to a "former client." He later admitted that was false, saying he was caught off guard by the inquiry.

Lord help us if this is any indication of the antics/drama the trial might entail. Why, why, why do people continue to post the most careless and clueless things on their SM????? I'd fire him in an instant, and I pray this doesn't affect Mollie's case for justice.

 

[geevee]

Asked about the post Friday, Frese removed it and twice claimed that he was referring to a "former client." He later admitted that was false, saying he was caught off guard by the inquiry.

<respectfully snipped for space, BBM>

So his first instinct is to lie?

Everything I've typed after that question I've had to backspace away so I'll just leave it at that.

 

[JudgeJoe]

Still checking in... less than 6 months to trial. Hoping there aren’t delays.

 

[The Farm]

Can not come fast enough for me.

 

[Kaylas]

I hold Mollie’s family, her bf and his family in my thoughts and prayers with Thanksgiving and Christmas coming up. The joy that they shared with Mollie at this time of year 12 months ago. Each day must be tough without your daughter or loved one; holidays magnify the loss.

 

[runfar262]

Still checking in... less than 6 months to trial. Hoping there aren’t delays.

Wow, six months! That is quicker than I thought. Karina Vetrano's murder trial is currently going on in New York and her murder was two years ago. Plus, I have not heard a thing about Angel Colon Ortiz's trial. He killed Vanessa Marcotte two years ago.

 

[girlhasnoname]

Wow, six months! That is quicker than I thought. Karina Vetrano's murder trial is currently going on in New York and her murder was two years ago. Plus, I have not heard a thing about Angel Colon Ortiz's trial. He killed Vanessa Marcotte two years ago.

I'd be happier to have him plead out and spare Mollie's family and loved ones from having to endure what will surely be the horrific and graphic details.

 

[ACG2x]

Wow, six months! That is quicker than I thought. Karina Vetrano's murder trial is currently going on in New York and her murder was two years ago. Plus, I have not heard a thing about Angel Colon Ortiz's trial. He killed Vanessa Marcotte two years ago.

Don't be surprised if a delay or continuance isn't announced at some point. The original trial date in high profile murder cases is often pushed back because one side or the other (usually the defense) requests it for various reasons - need to study evidence more, weren't given all information in due time, whatever.

It's actually more of a stall tactic than anything. What you want as a defense attorney if your client is dead to rights as this killer is, is time. Time for witnesses memories to get foggy so you can hit them on cross examination and thus their credibility, time for physical evidence to potentially go stale and so on. Your client is going to sit in jail regardless so there's no real rush.

It's not uncommon for a continuance to be requested a short time before the trial itself. The only way I see the killer plead out is if he can get a sentence that is less than what he'd get upon a guilty verdict. For example, Chris Watts pleaded guilty to avoid the death penalty he would've gotten once he was found guilty of his ghastly crimes. Since Iowa has no DP, it would only make sense legally for the killer to plead if he could get the possibility of parole in some number of years.

I get that morally the right thing to do is to apologize profusely, throw yourself on the mercy of the court and beg for forgiveness from God and Mollie's family and take your punishment like a man - but think about who we are dealing with here (a soulless animal) so unfortunately that likely isn't happening.

 

[Twistinginthewind]

Thinking of Mollie and her loved ones

 

[EmmaRose]

Don't be surprised if a delay or continuance isn't announced at some point. The original trial date in high profile murder cases is often pushed back because one side or the other (usually the defense) requests it for various reasons - need to study evidence more, weren't given all information in due time, whatever.

It's actually more of a stall tactic than anything. What you want as a defense attorney if your client is dead to rights as this killer is, is time. Time for witnesses memories to get foggy so you can hit them on cross examination and thus their credibility, time for physical evidence to potentially go stale and so on. Your client is going to sit in jail regardless so there's no real rush.

It's not uncommon for a continuance to be requested a short time before the trial itself. The only way I see the killer plead out is if he can get a sentence that is less than what he'd get upon a guilty verdict. For example, Chris Watts pleaded guilty to avoid the death penalty he would've gotten once he was found guilty of his ghastly crimes. Since Iowa has no DP, it would only make sense legally for the killer to plead if he could get the possibility of parole in some number of years.

I get that morally the right thing to do is to apologize profusely, throw yourself on the mercy of the court and beg for forgiveness from God and Mollie's family and take your punishment like a man - but think about who we are dealing with here (a soulless animal) so unfortunately that likely isn't happening.

Accurate! Good post!!

 

[gregjrichards]

I'd be happier to have him plead out and spare Mollie's family and loved ones from having to endure what will surely be the horrific and graphic details.

I can’t see that happening in this case unfortunately.

 

[The Farm]

Wow, six months! That is quicker than I thought. Karina Vetrano's murder trial is currently going on in New York and her murder was two years ago. Plus, I have not heard a thing about Angel Colon Ortiz's trial. He killed Vanessa Marcotte two years ago.

I have not heard anything on Vanessa either, sometimes I wonder if it is the area's and the courts are just so backed up it might be the reason it takes so long? Anyone have any idea why some trials come up quicker than others?