Found Deceased IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #47

[Seattle1]

I don't think there was much added in Thursday's filing except for the Mexican Consulate issue.

I need to review the filing from March again but I think it's the early part of his interrogation that may in jeopardy, and not leading authorities to MT's body. I also believe the search of his vehicle is not in jeopardy.

I could be wrong but I think that if you're an undocumented person in America, you don't think of the Consulate as your friend.

I'm also not liking how his defense is painting CR as a man of very limited education. His limited education did not prevent him from living the American dream, albeit illegally.

I'm also wondering if the bilingual police officer ever spoke to him in Spanish and it did not make the transcript?

Ahead of hearing, attorneys for man accused of killing Mollie Tibbetts further argue that undocumented immigrant's rights were violated

They called the warning that was given to him “deficient,” adding that Bahena Rivera said that, if he’d been told he could contact the Mexican consulate, he wouldn’t have given any statements before speaking with that office.

The attorneys also said the episode was best described as an interrogation of Bahena Rivera, pointing out that during the several hours he was “isolated,” six officers spoke to him.

 

[kc1023]

Hard to believe they'd mess up something so simple but so important as Miranda Rights in a case that the whole nation was watching at the time.

 

[StarryStarryNight]

How many times do you get to request to have certain evidence suppressed? Didn’t they file for that about a month ago? Was that ruled on yet?
Come on, you can’t just keep filing the same crud over and over, changing a little bit here or a little bit there, hoping somehow, one of them will be worded in a way to make a difference. Sounds like a very aggressive defense team....who are these people....they are trying any and everything, as they are supposed to, but, in my opinion, if you cut through it all...it all stands.

 

[Niner]

@StarryStarryNight - to answer your question re suppression of evidence. From my notes. It looks like the 6/25 hearing was cancelled, which was going to look at this motion.


6/18/19: Defense files motion for continuance. Response to Defendant's motion to continue suppression (his confession) (hearing & trial). Bahena Rivera's attorneys asked that a June 25 hearing reviewing his motion to suppress evidence be delayed to give his lawyers more time to prepare, according to court document filed Tuesday morning. Attorneys for the state did not oppose Bahena Rivera's request but asked that he waive his right to a speedy trial, as Bahena Rivera said he already intended to, according to court records. His deadline to waive a speedy trial is Sept. 18. Judge Joel Yates had not ruled on the request for an extension as of 4pm, Tuesday, 6/18. Granting request for expanded news media coverage of trial or proceeding. Defense also want to exclude blood evidence found during the search of Rivera’s car re his Miranda Rights were not read.
6/21/19 Update: the 6/25 motions hearing is cancelled. Next Suppression hearing on 8/23 where the Judge will determine what can & can’t be permitted at trial. Trial has now been scheduled to start Nov. 11 in Woodbury County.

Don't know if that helps?!

 

[StarryStarryNight]

@StarryStarryNight - to answer your question re suppression of evidence. From my notes. It looks like the 6/25 hearing was cancelled, which was going to look at this motion.


6/18/19: Defense files motion for continuance. Response to Defendant's motion to continue suppression (his confession) (hearing & trial). Bahena Rivera's attorneys asked that a June 25 hearing reviewing his motion to suppress evidence be delayed to give his lawyers more time to prepare, according to court document filed Tuesday morning. Attorneys for the state did not oppose Bahena Rivera's request but asked that he waive his right to a speedy trial, as Bahena Rivera said he already intended to, according to court records. His deadline to waive a speedy trial is Sept. 18. Judge Joel Yates had not ruled on the request for an extension as of 4pm, Tuesday, 6/18. Granting request for expanded news media coverage of trial or proceeding. Defense also want to exclude blood evidence found during the search of Rivera’s car re his Miranda Rights were not read.
6/21/19 Update: the 6/25 motions hearing is cancelled. Next Suppression hearing on 8/23 where the Judge will determine what can & can’t be permitted at trial. Trial has now been scheduled to start Nov. 11 in Woodbury County.

Don't know if that helps?!

Thanks Niner! That does help!

 

[girlhasnoname]

Hard to believe they'd mess up something so simple but so important as Miranda Rights in a case that the whole nation was watching at the time.

ITA 110%, of course the Defense will have to fight against it, but there isn't any chance they did not follow the letter of the law regarding his statement/confession.

JMO

 

[girlhasnoname]

Hard to believe they'd mess up something so simple but so important as Miranda Rights in a case that the whole nation was watching at the time.

ITA 110%, of course the Defense will have to fight against it, but there isn't any chance they did not follow the letter of the law regarding his statement/confession.

JMO

 

[Seattle1]

Mollie Tibbetts murder suspect Cristhian Bahena Rivera says rights were violated and wants hearing | Daily Mail Online

• Cristhian Bahena Rivera, who is awaiting trial for killing Mollie Tibbetts, says he wasn't properly read his Miranda rights
• Tibbetts, 20, was a student who disappeared while jogging in July 2018
• Rivera was charged with first-degree murder after leading police to a cornfield where they discovered the body
• Rivera's murder trial is set to start in November

The man awaiting trial for the killing of Mollie Tibbetts is calling for a hearing in his his case to be delayed.

WHO TV reports Rivera, an undocumented immigrant from Mexico, now claims he wasn't properly read his Miranda rights. He wants his confession to be thrown out.

[...]

A hearing on his motion to suppress the confession had been scheduled for August 23. Rivera's attorney Wednesday filed a motion stating more time is needed because of 'the complex nature of this case.'

Rivera’s attorneys filed a 29-page motion in March in which they outlined why their client's confession was made involuntary. They claim he was not told about his right to an attorney or his right to decline to cooperate until many hours into a 12-hour-long interview with law enforcement, The Des Moines Register says.

Investigators say when they asked Rivera if they would find anything in his car when they searched it, Bahena Rivera said that 'if he had anything to hide, he would have left out the door,' the Register says.

Detectives did find blood, later identified as belonging to Tibbetts, in the trunk of his car.

 

[Seattle1]

Suspect in Mollie Tibbetts’ Murder Requests Delay in Hearing on Suppressing Confession

Wednesday morning, Rivera’s attorney filed a motion to continue the hearing. The attorney argues more time is needed because of “the complex nature of this case.” New grounds for the motion were added in a supplemental filing on Aug. 8th and a new 185-page report from a defense expert was just received on August 11th.

Rivera’s murder trial is scheduled for November 12th, 2019.

 

[Seattle1]

Suspect in Mollie Tibbetts’ murder looks to delay court hearing on suppressing confession

POWESHIEK COUNTY, Iowa (KTIV) – The man charged in the death of University of Iowa student Mollie Tibbetts is asking a judge to delay a hearing on whether a confession he made to authorities should be thrown out.

Cristhian Rivera has pleaded not guilty to first-degree murder in the death of the 20-year-old Tibbetts.

Attornies representing Rivera filed a motion to suppress, claiming authorities didn’t Mirandize Rivera at the beginning of an interview at the Poweshiek County Sheriff’s Office on Aug. 20, 2018.

On Wednesday, a motion to continue the hearing was filed by his defense, claiming that more time was needed for the hearing as several new grounds were alleged in a supplemental motion filed on August 8. In addition, court documents claim the defense received a 185-page report from a defense expert just three days ago on August 11, and that additional time will be needed to review the report and possibly securing other witnesses.

Tibbetts went missing July 18, 2018, after going for a jog in her hometown of Brooklyn, Iowa. Her body was found August 21, 2018, in a rural area outside Brooklyn. Officials say she was stabbed to death.

Rivera’s trial is set for November 12 in Woodbury County District Court. His trial was moved from Poweshiek County after the state and defense said a fair and impartial jury could not be reasonably found there.

 

[Seattle1]

The August 23 court date was a suppression hearing --defense challenging CRs confession, and they want it thrown out-- citing deficient Miranda warning.

Defense filed motion last March, and supplement a few weeks ago (which didn't add much other than consulate contact). I believe this is a constitutional issue, and I'm not happy with request for delay on suppression hearing. Either his Miranda warning was deficient or it wasn't.

Now defense has a 185 page report from defense expert.

I really doubt this investigator is going to help the legal team with the constitution matter at hand

I believe the investigator/expert probably didn't find a bombshell they were hoping for, and defense needs time to rethink their strategy.

MOO

 

[Luckyzmom]

The August 23 court date was a suppression hearing --defense challenging CRs confession, and they want it thrown out-- citing deficient Miranda warning.

Defense filed motion last March, and supplement a few weeks ago (which didn't add much other than consulate contact). I believe this is a constitutional issue, and I'm not happy with request for delay on suppression hearing. Either his Miranda warning was deficient or it wasn't.

Now defense has a 185 page report from defense expert.

I really doubt this investigator is going to help the legal team with the constitution matter at hand

I believe the investigator/expert probably didn't find a bombshell they were hoping for, and defense needs time to rethink their strategy.

MOO

. Hail Mary Pass ? 185 pages. ?? That must have taken a lot of time to research ! MOO. I guess complicated is in the cards on this case

 

[Seattle1]

June 21, 2019

MONTEZUMA — The trial for Cristhian Bahena Rivera, accused of fatally stabbing Mollie Tibbetts last July, was reset Friday to Nov. 12 in Woodbury County District Court, after his lawyers said more time was needed to prepare.

Eighth Judicial District Judge Joel Yates also reset a hearing on a motion to suppress evidence in the trial to Aug. 23 in Poweshiek County District Court in Montezuma.

Bahena Rivera’s lawyers, in a motion filed earlier this week, said additional time was needed to consult an expert witness and review new evidence.

Results of a May 9 search warrant to review Bahena Rivera’s internet activity and “any location information” between July 18 and 23, 2018, haven’t been received by the defense, said Jennifer Freese, Bahena Rivera’s lawyer.

Freese said her client will waive his right to a speedy trial, though the waiver wasn’t filed Friday.

Poweshiek County Attorney Bart Klaver, in a response, said he had no problem with the delay so long as Bahena Rivera waives his speedy trial right as soon as possible.

He also requested the court ask Bahena Rivera, in person, to confirm the written waiver.

Mollie Tibbetts' murder trial reset to November

ETA: In June - the trial was reset from Sept to Nov 12 after CR's lawyers said they needed more time to prepare.

Judge also set hearing on the defense motion to suppress evidence (CR's confession) for Aug 23.

Judge went above and beyond to request CR also confirm defense written waiver for speedy trial IN PERSON!

County attorney Klaver has extending every courtesy -- cooperating with these delays.

But for what? --

Fast forward August 14 and now defense asking to delay the suppression hearing scheduled for Aug 23 citing they need more time to review defense experts new 185 page report!

I think it's time for Mr & Mrs Freese to stop telling CR that he's special.

MOO

 

[SharonNeedles]

Personally I’m having trouble digesting the defense reasoning “because of the complex nature of this case.” The investigation was complex, the forensics I assume were complex, but how on earth is the defense complex? How could it take 185 pages to claim he didn’t properly receive his Miranda warning?

I’m starting to think the defense attorney here specializes in smoke screens.

 

[mickey2942]

Delay until this is old news, and people have forgotten about the heinous attack on a beautiful young woman. Probably trying to negotiate a plea deal, to avoid a trial. The constant focus and media attention are meant to wear out the victim's family, so they just want this over.

I am still wondering if there are any other women who went missing, in the area, that could have been connected to this perpetrator.

 

[StarryStarryNight]

Sounds like this trial may be more about how the defendant was wronged than about how Mollie was murdered.

 

[Seattle1]

Aug 15, 2019

In a March 2018 filing, Bahena Rivera's attorneys began the process of trying to get his confession and other evidence thrown out because they claim the police's reading of his Miranda rights was "deficient," and that it was not given until eleven hours into their interrogation, a time when they say he obviously was in custody.

In addition, they now say that as a Mexican national, Bahena Rivera had a right to contact the Mexican consulate before speaking to police, something they say he was not told he could do.

The Des Moines Register reports that prosecutors, in a filing on May 31, refuted most of these allegations, saying the interview was conducted properly and that all evidence gathered is admissible. According to the newspaper, the prosecutors argued that the search of Bahena Rivera's car was valid because "he granted both verbal and written consent through a federal agent."

Bahena Rivera, they argued, also "could not be considered to have been in custody when initially taken to the sheriff's office because he'd agreed to talk, was given food and drink, wasn't restrained, had access to his phone and was told he was free to leave if he wanted."

According to the Register, investigators say when they asked him if they would find anything in his car when they searched it, Bahena Rivera said that "if he had anything to hide, he would have left out the door." Investigators did find blood, later identified as belonging to Tibbetts, in the trunk of his car.

Attorneys for Undocumented Immigrant Accused of Killing Mollie Tibbetts Argue His Rights Were Violated

 

[Bravo]

So many times we see this when evidence is overwhelming. Defence is just doing what they do.

 

[Niner]

Well - it looks like the 8/23 hearing has been moved....

Event Filed By Filed Create Date Last Updated Action Date
ORDER FOR CONTINUANCE YATES JOEL D 08/14/2019 08/15/2019 08/15/2019
Comments: SUPPRESSION HRG CONT TO 10-22 & 10-23-2019 AT 9:00 AM EACH
DAY; HEARING RE TRIAL WITHIN ONE YEAR SET FOR 8-23-19 AT
9:00 AM
OTHER EVENT BROWN SCOTT DEAN 08/14/2019 08/14/2019 08/14/2019
Comments: RESPONSE TO DEFT'S MOTION TO CONTINUE SUPPRESSION HEARING AND TRIAL
MOTION FOR CONTINUANCE FRESE JENNIFER JO 08/14/2019 08/14/2019 08/14/2019
Comments: SUPPRESSION HEARING
MOTION FRESE JENNIFER JO 08/08/2019 08/08/2019 08/08/2019

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

 

[Seattle1]

Evidence hearing for Cristhian Bahena Rivera to be delayed

On Thursday, Judge Joel Yates ordered a delay to that portion [suppression] of the hearing to October 22. However, the scheduled August 23 hearing will still happen as scheduled to “address the Defendant’s right to have his trial within one year.”

The October hearing will determine whether or not certain information learned during that questioning can be used at trial.

[...]

Rivera is scheduled to go on trial November 12.