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

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It's certainly a long shot defense, but I can't think of any other defense that is consistent with "blocked" "memory" - unless he introduces some sort of mental defect. Am I missing something?

His attorneys can argue all day long that their client doesn't remember doing anything to MT, but a jury isn't going to just take their word that he just happened to block out the bad parts of his encounter with her. They will need tests and experts, and then the prosecution will have their own tests and experts, and I just don't think a jury will buy it.
 
Yes. Take the Danielle Van Dam case where the attorney knew his client David Westerfield was guilty. That didn't stop him from saying her parents could be responsible by having orgies with strangers in their home. Saying perhaps one of the strangers murdered Danielle. Anything to plant a seed of doubt in the juries mind.

The two farm workers who took off after CR was arrested will most likely play a role in his defense

I believe they will use the two that fled also.....

It will be another 3 ring circus, IMO
 
.Snipped.....

It's interesting that his lawyers want the public to believe that Rivera is a very stupid, simple, uneducated foreigner. I'm curious why they need him to be stupid.

People will see right through the intelligence of this individual, CR. Dumbing him down will not get him off of a murder charge. He has street smarts, he was able to maintain employment, and he is not naive.

I am curious as well if the defense shows him as a stupid person.
 
Well we don't know what the State has. I hope they have enough to put him away and it doesn't turn into a circus. What a disservice that would be. Would it surprise me? No. Sicken me. Yes. A search for the truth or winning????
 
I'm ready for the verdict and justice for Mollie already. Do we have any reason to think that CR's attorneys will want more than 90 days before trial?

I will be shocked if this trial has started by this time next year. The right to a "speedy trial" is no indication that there will be one, especially on high profile cases like this. JMO
 
Every state has nearly the same ethics rules based on the Model Rules of Professional Conduct. An attorney has duties to the court in addition to duties to her client. There is a difference under the law between a "fact" and an explanation or argument. You are not allowed to misstate a fact - that is, a piece of evidence. You are free, within reason, to offer explanations or doubt concerning the truth of that particular piece of evidence. Criminal defense attorneys spend much of a case attempting to demonstrate why a fact introduced by the prosecution should not be accepted as truthful or accurate by the jury.

That's where many of the "aliens did it" arguments come in. Say the prosecution introduces the murder weapon, a Wusthof knife. The prosecution then introduces evidence that the defendant purchased a Wusthof knife in the week before the crime. The defense might introduce evidence subpoenaed from local stores that 75 people within a 100 mile radius also purchased Wusthof knives in the two weeks before the crime. The defense might introduce evidence that other people who were questioned in the investigation also own the same knife. The defense isn't stating that the defendant doesn't own a Wusthof knife, they are attacking the probative value of the fact.
 
I dunno. I really have no opinion yet as I don't know what the State has. Likely wont know until Trial. I respect totally that others do. IMO if the State's case is strong Defense will go with the blocked out theory. Good luck with that as who can testify to it? Other than endless PET scan experts.
 
Every state has nearly the same ethics rules based on the Model Rules of Professional Conduct. An attorney has duties to the court in addition to duties to her client. There is a difference under the law between a "fact" and an explanation or argument. You are not allowed to misstate a fact - that is, a piece of evidence. You are free, within reason, to offer explanations or doubt concerning the truth of that particular piece of evidence. Criminal defense attorneys spend much of a case attempting to demonstrate why a fact introduced by the prosecution should not be accepted as truthful or accurate by the jury.

That's where many of the "aliens did it" arguments come in. Say the prosecution introduces the murder weapon, a Wusthof knife. The prosecution then introduces evidence that the defendant purchased a Wusthof knife in the week before the crime. The defense might introduce evidence subpoenaed from local stores that 75 people within a 100 mile radius also purchased Wusthof knives in the two weeks before the crime. The defense might introduce evidence that other people who were questioned in the investigation also own the same knife. The defense isn't stating that the defendant doesn't own a Wusthof knife, they are attacking the probative value of the fact.
could one counter attack that the other 75 people within the 100 mile radius did not admit to following the decedent and putting the decedent in their trunk? something tells me I would get in trouble if I had their job. I'd probably get thrown in the pen myself for being smart or speaking out of turn. I remember that happened to Matlock once. I really hope they find the weapon if they haven't already.
 
could one counter attack that the other 75 people within the 100 mile radius did not admit to following the decedent and putting the decedent in their trunk? something tells me I would get in trouble if I had their job. I'd probably get thrown in the pen myself for being smart or speaking out of turn. I remember that happened to Matlock once. I really hope they find the weapon if they haven't already.

They are probably using the Iowa funded PI to round up all the black Malibu cars

We will hear some expert tell us that ear buds most definetely equate to a body in the trunk 9 out of 10 times

That the couple amigos who fled where in the car with him and they must have committed the murder since he was blocked out

That it’s our government’s fault, if he wasn’t scared of deportation he would not have blocked out

On and on and on
 
A defense attorney during opening statements can give the jury any kind of story that says their client is not guilty and never present any evidence to back it up because the lawyers statements are not evidence.

A good jury will ignore these unsubstantiated statements while a poor jury may use these statements to vote not guilty.

This is what happened in the Casey Anthony trial. JMO.
 
could one counter attack that the other 75 people within the 100 mile radius did not admit to following the decedent and putting the decedent in their trunk? something tells me I would get in trouble if I had their job. I'd probably get thrown in the pen myself for being smart or speaking out of turn. I remember that happened to Matlock once. I really hope they find the weapon if they haven't already.

Honestly I stopped following this case because I think it's as clear as the affidavit makes it: this is an angry drifter who tragically murdered a promising young woman and cracked when LE interrogated him. I don't think there was any planned "black out" defense, I think he just said it and prosecutors will be able to poke holes in it like most other times it is used. He couldn't admit to the gruesome act when someone was looking him in the face.

A good defense would have been not leading LE to the body. Not confessing to assault, not confessing to having her body in the trunk, not confessing to covering her in a corn field. All LE had was his car driving by on surveillance camera until he started talking. Think about that. That's all they had. No body, no cause of death, no manner of death. If you are a brilliant criminal mastermind, isn't that the case you want to defend? Why give them a 1) confession and 2) a body? The longer the body was in the field the more it would degrade and the less evidence you'd have. Occam's razor: he's not that smart, he cracked. He didn't ask for a lawyer, he didn't try to get a deal in exchange for information. He just started talking.

Jurors aren't stupid and the best piece of evidence you can really have is the killer leading LE to the body. His attorneys can now try to get down to felony murder but admitting to chasing her is admitting to premeditation. Premeditation can happen in an instant. I don't think his lawyers are "painting" him as stupid - I think he is stupid. I think he's a simple murderer not worth the money spent on the trial. But we respect the justice system so we go along with what is required.
 
Every state has nearly the same ethics rules based on the Model Rules of Professional Conduct. An attorney has duties to the court in addition to duties to her client. There is a difference under the law between a "fact" and an explanation or argument. You are not allowed to misstate a fact - that is, a piece of evidence. You are free, within reason, to offer explanations or doubt concerning the truth of that particular piece of evidence. Criminal defense attorneys spend much of a case attempting to demonstrate why a fact introduced by the prosecution should not be accepted as truthful or accurate by the jury.

That's where many of the "aliens did it" arguments come in. Say the prosecution introduces the murder weapon, a Wusthof knife. The prosecution then introduces evidence that the defendant purchased a Wusthof knife in the week before the crime. The defense might introduce evidence subpoenaed from local stores that 75 people within a 100 mile radius also purchased Wusthof knives in the two weeks before the crime. The defense might introduce evidence that other people who were questioned in the investigation also own the same knife. The defense isn't stating that the defendant doesn't own a Wusthof knife, they are attacking the probative value of the fact.
Something I thought you'd mention, and I'm surprised you didn't is that many (most?) criminal lawyers don't want their client to tell them if they're guilty. That's especially true if they plan to put the defendant on the stand because they could be charged with supporting perjury if the person lied. As long as they are working on the assumption that the person didn't commit the crime they can try to prove them innocent; if they know the person is guilty (especially because the client confessed to them), the best they can do is try to show mitigating circumstances to try to get the charges and/or sentence lowered. At least that's my understanding of what I've been told over the years. (I'm not a lawyer, and I don't play one on tv.) MOO
 
Question. If we already know he plans to plea "not guilty", is there anything more we can learn Wednesday, or is that all for now until the trial?
 
I hope CR was offered to have a attorney present during questioning-- offered early with a translator present.
 
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Something I thought you'd mention, and I'm surprised you didn't is that many (most?) criminal lawyers don't want their client to tell them if they're guilty. That's especially true if they plan to put the defendant on the stand because they could be charged with supporting perjury if the person lied. As long as they are working on the assumption that the person didn't commit the crime they can try to prove them innocent; if they know the person is guilty (especially because the client confessed to them), the best they can do is try to show mitigating circumstances to try to get the charges and/or sentence lowered. At least that's my understanding of what I've been told over the years. (I'm not a lawyer, and I don't play one on tv.) MOO
you may be right, but I would think it would be better to have an idea of where the balls might possibly be coming from so you could prepare to defend yourself against them.
I hope CR was offered an having attorney present during questioning-- offered early with a translator present.
I think an attorney would have advised CR to zip it. I think Althea is right. A smart person knows to ask for his attorney before talking to police, especially if they are guilty. He probably did have a translator present because if his English is as bad as they're implying it is, they would have had a hard time being sure that he understood the questions and understanding the replies.
 
You eat a lot of beans, tortillas and rice! You live many to one dwelling. You work long hours till you pay your debt off, then keep on doing the same!


"SYRACUSE, Kan. — Immigrants working on a remote Kansas ranch toil long days in a type of servitude to work off loans from the company for the cost of smuggling them into the country, according to five people who worked there."

"One worker spent eight months cleaning out calf pens, laying down cement and doing other construction work. Esteban Cornejo, a Mexican citizen who is in the U.S. illegally, left Kansas in November after paying off debt, which he figures was nearly $7,000.

The pay stub Cornejo shared with The Associated Press shows he worked 182.5 hours at $10 an hour over two weeks — an average of 15 hours a day with Sundays off. His pay was $1,828.34 before taxes. Also deducted was a $1,300 “cash advance repayment” that he said was a company loan for bringing him into the country.

His take-home pay was $207.46, the pay stub shows, or just over $1 an hour working at Fullmer Auto Co. Texas LLC, which does business as Fullmer Cattle."

much more at link:

https://nypost.com/2018/03/07/immig...e-of-smuggling-them-into-country-was-slavery/
 
Correct me if I'm interpreting this wrong, but I believe the Arraignment and subsequent "not guilty" plea are necessary steps in Iowa's criminal procedure to get to Discovery and possibly Plea Bargain.

https://www.iowacourts.gov/static/media/cms/E0402_4AB079FBEE8C6.pdf

Actually no, don't correct me. I can read just fine, that's what it says.
 
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