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

[MistyWaters]

Wow on the not guilty. So is he saying he had temporary insanity??

The trial isn’t about to happen immediately. At this time, I’d be very surprised if the DA has turned over all the evidence to the defence. And it was only last week when funds were approved to hire the PI.

Even on the off chance CR intended to plead guilty and negotiate a plea deal, his attorneys can’t let that happen until they are provided with the full disclosure. Pleas aren’t written in stone and anything can happen up to or even during the trial.

 

[otto]

Wow on the not guilty. So is he saying he had temporary insanity??

Not at all. Read about the Automatism Defense. It has nothing to do with being insane. It is a defense that, if successful, results in a complete exoneration.

"Automatism is an act done by a person who is not conscious of what s/he is doing. It can be an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what s/he is doing, such as an act done whilst suffering from concussion or while sleep-walking. Absence of volition in respect of the act involved is always a defense to a crime.
...

Automatism is behavior performed in a state of mental unconsciousness apparently occurring without will, purpose, or reasoned intention."

Automatism Law and Legal Definition | USLegal, Inc.

 

[otto]

That is there job; they will do whatever it takes to help their clients circumstances; we might not like it but they have a duty to do that.

It is never a lawyer's job to distort reality.

 

[rebel123]

According to his affidavit he didn’t even pay child support

He didn’t have to pay for housing either

His only debt was the car he possibly drove illegally to murder of MT

Have thought about looking a couple of them up and hearing what they think of the CBR case.[/QUOTE]

He sent money to his family in Mexico; he would of paid something to support his daughter.

 

[rebel123]

It is never a lawyer's job to distort reality.

Where have I said that?

 

[MistyWaters]

It is never a lawyer's job to distort reality.

I see a conflict in a defence lawyer introducing evidence to indicate CR was a gentle, kind, happy soul, at the same time as furthering a diminished capacity defence involving a prior history of out of control anger and rage.

 

[Charliegizmo49]

Ok. Here’s what’s been filed as of today.

Take a look. Is one if his attorneys withdrawing?

Did I read this correctly?

Ok. No withdrawal. I was confused by format.

But there is new info.

 

[Watchingtime]

This recently happened in my hometown here in Michigan. Although it hasn't made national headlines like MT, I have to believe it is because the murder victim was also here in the US illegally. Still sad...

Suspects, victim in Sanilac County homicide are undocumented immigrants

 

[TL4S]

Ok. Here’s what’s been filed as of today.

Take a look. Is one if his attorneys withdrawing?

Did I read this correctly?

Is that still about withdrawing Allen Richards, CR's first lawyer?

 

[rebel123]

I see a conflict in a defence lawyer introducing evidence to indicate CR was a gentle, kind, happy soul, at the same time as furthering a diminished capacity defence involving a prior history of out of control anger and rage.

Well, yes, it will be centered around his daughter.

 

[MistyWaters]

Not at all. Read about the Automatism Defense. It has nothing to do with being insane. It is a defense that, if successful, results in a complete exoneration.

"Automatism is an act done by a person who is not conscious of what s/he is doing. It can be an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what s/he is doing, such as an act done whilst suffering from concussion or while sleep-walking. Absence of volition in respect of the act involved is always a defense to a crime.
...

Automatism is behavior performed in a state of mental unconsciousness apparently occurring without will, purpose, or reasoned intention."

Automatism Law and Legal Definition | USLegal, Inc.

Where is it stated an Automatism Defense results in complete exoneration? It seems to me if that type of defense were successful based on proven medical history, prosecution under either 2nd degree murder or manlaughter charges would still apply.

“Generally, Second Degree Murder is similar to First Degree Murder but without a specific intent or premeditation component.”
Homicide - Polk County Attorney's Office

 

[rebel123]

Is that still about withdrawing Allen Richards, CR's first lawyer?

Yes;

 

[rebel123]

Where is it stated an Automatism Defense results in complete exoneration? It seems to me if that type of defense were successful based on proven medical history, prosecution under either 2nd degree murder or manlaughter charges would still apply.

“Generally, Second Degree Murder is similar to First Degree Murder but without a specific intent or premeditation component.”
Homicide - Polk County Attorney's Office

However the Defense tries to mitigate on behalf of CR; he is going to serve time.

 

[rebel123]

Tech gremlins on site; I'll catch up later.

 

[Charliegizmo49]

The trial isn’t about to happen immediately. At this time, I’d be very surprised if the DA has turned over all the evidence to the defence. And it was only last week when funds were approved to hire the PI.

Even on the off chance CR intended to plead guilty and negotiate a plea deal, his attorneys can’t let that happen until they are provided with the full disclosure. Pleas aren’t written in stone and anything can happen up to or even during the trial.

This trial is at least a year out.

All evidence is not even to the prosecutor yet.

 

[MistyWaters]

Well, yes, it will be centered around his daughter.

Okay. But Mollie was a daughter as well and I’m certain the loss of her life will take prominence over any pity party a defence might try to introduce.

Cases can be lost due to the prosecution’s failure to introduce adequate evidence to convince a jury beyond reasonable doubt the defendant is guilty. In this particular case I think it’d be really unlikely for a jury to ignore (presumed) strong evidence out of sympathy toward him.

 

[Charliegizmo49]

Yes;

I was confused (WHO ME?) by the format. She is nt withdrawing ones a motion the other an order.

I feel pretty stupid at the moment.

 

[agilbe]

Ok. Here’s what’s been filed as of today.

Take a look. Is one if his attorneys withdrawing?

Did I read this correctly?

Ok. No withdrawal. I was confused by format.

But there is new info.

I read that as Jennifer Friese filing a motion to remove Allen Richards as CR's attorney, but I'm not a lawyer. I did stay at a Holiday Inn last week, though.
Sorry had to say it.

 

[Charliegizmo49]

Tech gremlins on site; I'll catch up later.

Well the brain and finger gremlins are all over me right now. I looked at court format very incorrectly.

 

[Charliegizmo49]

I read that as Jennifer Friese filing a motion to remove Allen Richards as CR's attorney, but I'm not a lawyer. I did stay at a Holiday Inn last week, though.
Sorry had to say it.

You’re correct. I made mistake. Format confusing to my brain today.