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

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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.
So basically they filed the 'first' motion to suppress, and the 'second' one you heard about was supplemental. So basically they found more evidence to support their original motion after it was filed, so they filed the supplemental one (but it's still the same overall motion to suppress). I read all of the documents, and even though it's not what people want to hear, it's a pretty solid defense, legally speaking (and they have a lot of case law to back it all up).
 
This is always a slippery slope, on whether or not a suspect felt like he was "free" to go. I hope that these officers were 100% by the book on this case.
Speaking strictly from the documents filed, it sounds like they might've messed up more than once (which is why the motion to suppress was obviously filed). If it was maybe a single slight slip up, the state might stand a better chance, but his lawyers pointed out multiple instances. Unfortunately (or maybe fortunately?) for the police officers, they never had to handle a case like this before. What is also unfortunate is that this was a big case and everything was under a bigger microscope. However, the officers had to have known that this was a big case, so they should have made double sure that everything was done 100% by the book (again, speaking from the allegations in the motion to suppress).
 
Friday, August 23rd:
*Motions Hearing (@ 9am CT) – IA – Mollie Cecilia Tibbetts (20) (July 18, 2018, Brooklyn; found Aug. 21, 2018) – *Cristhian Bahena Rivera aka John Budd (24) arrested (8/21/18), charged (8/22/18) & arraigned (9/19/18) with 1st degree murder. Plead not guilty. $5M cash only bond.
ICE logged an immigration detainer on Rivera. Confessed to killing Mollie.
Trial starts 11/12/19 (should last about 6 to 8 days). Trial moved from Poweshiek County to Woodbury County.

Court hearings from 8/22/18 thru 3/7/19 reference post #98 here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #47

3/27/19 Update: Both sides agree to Motion for Change of Venue. Hearing was cancelled. Trial will be in Woodbury County. Next Motion to Suppress hearing (statements Rivera made to LE) on 6/25. Trial is set for 9/3/19.
4/3/19 Update: Motion to withdraw counsel, order approved withdrawal of counsel on 4/3. Pretrial hearing on 4/4/19.
4/4/19 Update: A report from the Iowa Division of Criminal Investigation will be finalized & delivered to Bahena Rivera's attorneys Friday (4/5/19). Further forensic testing was expected to be done in November.
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. Including his Miranda Rights were not properly read. Defense files (8/14/19) motion to delay hearing on whether a confession he made to authorities should be thrown out and the trial. Trial has now been scheduled to start Nov. 12 in Woodbury County.
8/15/19 Update: The scheduled August 23 hearing will still happen as scheduled to “address the Defendant’s right to have his trial within one year.” DA and Judge want CR to also waive his right to speedy trial in person. Oct. 22 & 23 hearing will determine whether or not certain information learned during that questioning can be used at trial. Suppression hearing re Miranda rights has been continued to 10/22 & 10/23.



and yes, I'll be shortening this up a bit.... :)
 
Today’s hearing is scheduled to “address the defendant’s right to have his trial within one year.”

His lawyers also filed a motion to request more time to prepare for an upcoming hearing.

They contend their client's rights were violated during police questioning.

On Thursday, Judge Joel Yates ordered a delay to that portion of the hearing to October 22.

The October hearing will determine whether certain information learned during that questioning can be used at trial.

Rivera is scheduled to go on trial November 12.
Man charged in the murder of Mollie Tibbetts to appear in court Friday
 
AUG 21, 2019
Expert says Mollie Tibbetts' murder trial shouldn't be 'rushed'
[...]

“Bottom line is that you don’t want to rush into these things,” said Bob Rigg, a Drake Legal Clinic professor.

Rigg said it’s not unusual for a murder trial to be delayed, especially when there is a question about a possible rights violation.

[...]

A judge will rule on that issue in October, a month before the trial is scheduled to begin. But even if that confession is thrown out, the case isn’t over due to the legal doctrine called inevitable discovery.

“What the state is arguing is that even if we violated his rights and the confession goes out, we can still use the evidence obtained because we would have inevitably discovered it anyway," Rigg said.

[...]

 
AUG 21, 2019
Expert says Mollie Tibbetts' murder trial shouldn't be 'rushed'
[...]

“Bottom line is that you don’t want to rush into these things,” said Bob Rigg, a Drake Legal Clinic professor.

Rigg said it’s not unusual for a murder trial to be delayed, especially when there is a question about a possible rights violation.

[...]

A judge will rule on that issue in October, a month before the trial is scheduled to begin. But even if that confession is thrown out, the case isn’t over due to the legal doctrine called inevitable discovery.

“What the state is arguing is that even if we violated his rights and the confession goes out, we can still use the evidence obtained because we would have inevitably discovered it anyway," Rigg said.

[...]

So, for peace of mind, even if CBR’s confession is tossed out, due to the timing of LE’s reading of CR’s Miranda Rights, the case proceeds- because of the “legal doctrine of inevitable discovery”. LE will still be able to use video that led to CR, MT’s body, her blood in the auto trunk, etc. Did they ever find the weapon of blunt force trauma? Or her earbuds? Or his DNA on her clothes or remains? I think those findings were never released?
 
Tyler Davis on Twitter
Here in Montezuma for a hearing regarding Cristhian Bahena Rivera, the man accused of killing Mollie Tibbetts. The defendant has just entered the courtroom.
ECqQGCeXYAECJba.jpg
ECqQGavW4AAPLdT.jpg

10:07 AM - 23 Aug 2019

Shannon Moudy on Twitter
Poweshiek County Judge Joel Yates confirms Cristhian Bahena Rivera waived his right to a speedy trial voluntarily. Murder trial will begin on or around Nov. 12, over a year after arraignment. Bahena Rivera is accused of killing University of Iowa student Mollie Tibbetts.
10:20 AM - 23 Aug 2019 from Iowa, USA

Austin Schick on Twitter
A year after Mollie Tibbetts was found in a corn field, the man accused of killing her was in a Montezuma courtroom. Christhian Bahena Rivera waived his right to have his trial held within a year of his arraignment. The trial is set for November 12... https://www.facebook.com/AustinSchickKTVO/posts/2321514247966772 …
11:11 AM - 23 Aug 2019

WHO-HD Ch. 13 News on Twitter
Judge Officially Approves Speedy Trial Waiver for Man Accused of Killing Mollie Tibbetts http://via.whotv.com/MBkHg
ECqeXeyWwAA86er.jpg

11:14 AM - 23 Aug 2019
 
So, for peace of mind, even if CBR’s confession is tossed out, due to the timing of LE’s reading of CR’s Miranda Rights, the case proceeds- because of the “legal doctrine of inevitable discovery”. LE will still be able to use video that led to CR, MT’s body, her blood in the auto trunk, etc. Did they ever find the weapon of blunt force trauma? Or her earbuds? Or his DNA on her clothes or remains? I think those findings were never released?
To my knowledge, none of those things have been released. MOO

ETA: Side note - it may just be the lighting here, but looks like CR's complexion has taken on prison pallor. KTVO
 
AUG 23, 2019
Trial remains on track for man accused of fatally stabbing Mollie Tibbetts
  • The trial remains on track to begin Nov. 12 in Woodbury Co District Court.
  • CR appeared Friday in Poweshiek County District Court to formally waive his rights to trial within a year.
  • He filed the waiver June 26 but 8th Judicial District Judge Joel Yates wanted him to make the waiver in-person to ensure he understood his rights.
  • There was an interpreter in court to aid him, as well as his attorneys.
  • The hearing on the motion to suppress evidence was reset for Oct 22 and 23.
 
To my knowledge, none of those things have been released. MOO

ETA: Side note - it may just be the lighting here, but looks like CR's complexion has taken on prison pallor. KTVO
Haha- “prison pallor”. Sounds like a new goth shade of lipstick or face powder by L'Oréal or Aveda. Shoulda been a warning on that- made me guffaw out loud at work.:cool:
 
SEP 2, 2019
Mollie Tibbetts’ family shares the UI student’s legacy one year after her death
Hanging on the wall in Laura Calderwood’s bedroom is a self-portrait her daughter, Mollie Tibbetts, drew when she was 5.

[…]

Mollie offered to sell it to her mom for $5, which Calderwood just happened to have in her purse.

[…]

Mollie was a smartass, her mom said, and a pack rat with a curious streak. Kim Calderwood, her sister and Mollie’s aunt, said she thought Mollie had no flaws; she was focused, hard-working, and amazing with kids.

[…]

VIDEO: Laura Calderwood reflects on Mollie’s life and her grieving process


[…]

Morgan recalled one night when she, Mollie, and some friends were hanging out at Mollie’s house. They were stuck inside because of the rain, Morgan said, and they were playing truth or dare. A friend dared Mollie to go roll around in a mud puddle, and while she didn’t fulfill the dare completely, she did dance in the rain, to everyone’s amusement.

“That’s one that I think about sometimes if I’m feeling sad … it helps to think about some of the funny things we experienced together,” Morgan said.

[…]

6-1.jpg


[…]

Kim saw Mollie’s coming-of-age firsthand, as she works on campus. She and Mollie would meet at a bench in the Old Capitol Mall sometimes, and Kim would drive her back to Brooklyn. She said they became closer as Mollie settled into campus, and always looked forward to their talks in the car.

While Mollie was missing, Kim said in a tearful voice that she would park her car in the same spot every day and keep the doors unlocked, just in case Mollie showed up and needed a place to sit or hide. She would also go to the bench and look around. She said it took her a long time to be able to return to that bench.

[…]

Kim’s son stopped one day to speak to a homeless person. After handing out a Kindness Card, a card with a quote from a speech Mollie gave, the person said they knew Mollie. Mollie would stop and speak with them when she had time.

[…]

In a conference room on the sixth floor of the Children’s Hospital hangs a five-panel painting, capturing the “everyday joy” Mollie found in life.

The large canvases are filled with flowers, leaves, hearts, and abstract shapes in neon colors. The swirls, stripes, and dots covering the paintings exude a lightness that fills the room.

Children who knew Mollie from the daycare at which she worked, as well as kids from another daycare and Children’s Hospital patients, helped paint the piece. Laura said it looks just like something Mollie would have painted, with abstract shapes and bright colors.

[…]

For the children who had a relationship with Mollie, making this art was an important step in the healing process, Laura said. Mollie and the events surrounding her death will likely stick with them for the rest of their lives, and being able to work through their feelings with art will help them remember her life, not just her death.

[…]

Mollie is being remembered through more than just art. Livenow Photography has T-shirts and postcards for Mollie’s Movement, and prints Kindness Cards for people to hand out.

[…]

Movements such as Miles for Mollie are still going strong, and the second Mollie Tibbetts memorial run is set for Sept. 29 in Brooklyn. The high school Mollie attended also has four $500 scholarships in her name.

[…]

[I have] boxes [of mail] from all over the country,” she said. “… They haven’t stopped, and it’s been over a year.”

Letters are stored in boxes, which are scattered around Laura’s living room and office. Cards from Pennsylvania, Georgia, California, and all around the country seemed to overflow from their containers. Each one has been opened and read.

[…]

SneakerWaves.jpg


[…]

“That was by far the worst day of my life,” Morgan said. “I remember thinking that I would never be the same.”

[…]

Mollie is always on Kim’s mind, and she’s focused on positive memories of her. Sometimes, when she’s missing Mollie, she’ll talk to her.

[…]

Laura said she occasionally has moments where she’ll see something and think, “I should show Mollie,” then she has to remind herself that she can’t.

Little things like that are what she describes as “sneaker waves.”

[…]

Laura has contemplated the future often lately, she said. With the second memorial run approaching and donations still coming to the memorial fund, things don’t seem to be slowing down.

Now with her sons in college, Laura also has to think about being an empty-nester. She is still working to balance her life, and while she will always miss Mollie, she has things that make her happy.

Mollie-1-626x900.jpg


[…]

Mollie’s legacy is still changing, and Laura said if there’s one thing Mollie could do right now, she would want to let everyone know how much she appreciates all the love people have shared for her and her family.

“[Mollie] lived life to its fullest,” she said. “… She would want to acknowledge the fact that… she appreciates that outpouring of love.”

[…]

 
SEP 4, 2019
Friends speak out against anti-immigration posters using Mollie Tibbett's picture
[…]

Among the ads and events flyers tacked up, underneath Iowa City banners bearing "Bienvenidos - Welcome," was a different type of flyer.

"Had a picture of Mollie and like, just written in sharpie, 'Can we build a wall now?'" Goodman describes.

[…]

The papers were posted around downtown. It's not known who posted them, but Goodman and friends put out the word to rip up the words.

[…]

As of Wednesday, CBS2/Fox28 didn't see any of the flyers posted around the area.

[…]

Goodman says it hurts to see her friend used as "political propaganda" to vilify an entire population because of one person's actions; she says this time hurts more because it was so close to the university she and Mollie love. A university she says is diverse and inclusive.

[…]
 
SEP 2, 2019
Mollie Tibbetts’ family shares the UI student’s legacy one year after her death
Hanging on the wall in Laura Calderwood’s bedroom is a self-portrait her daughter, Mollie Tibbetts, drew when she was 5.

[…]

Mollie offered to sell it to her mom for $5, which Calderwood just happened to have in her purse.

[…]

Mollie was a smartass, her mom said, and a pack rat with a curious streak. Kim Calderwood, her sister and Mollie’s aunt, said she thought Mollie had no flaws; she was focused, hard-working, and amazing with kids.

[…]

VIDEO: Laura Calderwood reflects on Mollie’s life and her grieving process


[…]

Morgan recalled one night when she, Mollie, and some friends were hanging out at Mollie’s house. They were stuck inside because of the rain, Morgan said, and they were playing truth or dare. A friend dared Mollie to go roll around in a mud puddle, and while she didn’t fulfill the dare completely, she did dance in the rain, to everyone’s amusement.

“That’s one that I think about sometimes if I’m feeling sad … it helps to think about some of the funny things we experienced together,” Morgan said.

[…]

6-1.jpg


[…]

Kim saw Mollie’s coming-of-age firsthand, as she works on campus. She and Mollie would meet at a bench in the Old Capitol Mall sometimes, and Kim would drive her back to Brooklyn. She said they became closer as Mollie settled into campus, and always looked forward to their talks in the car.

While Mollie was missing, Kim said in a tearful voice that she would park her car in the same spot every day and keep the doors unlocked, just in case Mollie showed up and needed a place to sit or hide. She would also go to the bench and look around. She said it took her a long time to be able to return to that bench.

[…]

Kim’s son stopped one day to speak to a homeless person. After handing out a Kindness Card, a card with a quote from a speech Mollie gave, the person said they knew Mollie. Mollie would stop and speak with them when she had time.

[…]

In a conference room on the sixth floor of the Children’s Hospital hangs a five-panel painting, capturing the “everyday joy” Mollie found in life.

The large canvases are filled with flowers, leaves, hearts, and abstract shapes in neon colors. The swirls, stripes, and dots covering the paintings exude a lightness that fills the room.

Children who knew Mollie from the daycare at which she worked, as well as kids from another daycare and Children’s Hospital patients, helped paint the piece. Laura said it looks just like something Mollie would have painted, with abstract shapes and bright colors.

[…]

For the children who had a relationship with Mollie, making this art was an important step in the healing process, Laura said. Mollie and the events surrounding her death will likely stick with them for the rest of their lives, and being able to work through their feelings with art will help them remember her life, not just her death.

[…]

Mollie is being remembered through more than just art. Livenow Photography has T-shirts and postcards for Mollie’s Movement, and prints Kindness Cards for people to hand out.

[…]

Movements such as Miles for Mollie are still going strong, and the second Mollie Tibbetts memorial run is set for Sept. 29 in Brooklyn. The high school Mollie attended also has four $500 scholarships in her name.

[…]

[I have] boxes [of mail] from all over the country,” she said. “… They haven’t stopped, and it’s been over a year.”

Letters are stored in boxes, which are scattered around Laura’s living room and office. Cards from Pennsylvania, Georgia, California, and all around the country seemed to overflow from their containers. Each one has been opened and read.

[…]

SneakerWaves.jpg


[…]

“That was by far the worst day of my life,” Morgan said. “I remember thinking that I would never be the same.”

[…]

Mollie is always on Kim’s mind, and she’s focused on positive memories of her. Sometimes, when she’s missing Mollie, she’ll talk to her.

[…]

Laura said she occasionally has moments where she’ll see something and think, “I should show Mollie,” then she has to remind herself that she can’t.

Little things like that are what she describes as “sneaker waves.”

[…]

Laura has contemplated the future often lately, she said. With the second memorial run approaching and donations still coming to the memorial fund, things don’t seem to be slowing down.

Now with her sons in college, Laura also has to think about being an empty-nester. She is still working to balance her life, and while she will always miss Mollie, she has things that make her happy.

Mollie-1-626x900.jpg


[…]

Mollie’s legacy is still changing, and Laura said if there’s one thing Mollie could do right now, she would want to let everyone know how much she appreciates all the love people have shared for her and her family.

“[Mollie] lived life to its fullest,” she said. “… She would want to acknowledge the fact that… she appreciates that outpouring of love.”

[…]
I’d LOVE to see Mollie’s self-portrait from her 5 year-old self. I will never tire of hearing about MT. It’s a rare person who can inspire magnificent things in both life and death. She really is leaving a legacy. Amazing.
 
SEP 4, 2019
Friends speak out against anti-immigration posters using Mollie Tibbett's picture
[…]

Among the ads and events flyers tacked up, underneath Iowa City banners bearing "Bienvenidos - Welcome," was a different type of flyer.

"Had a picture of Mollie and like, just written in sharpie, 'Can we build a wall now?'" Goodman describes.

[…]

The papers were posted around downtown. It's not known who posted them, but Goodman and friends put out the word to rip up the words.

[…]

As of Wednesday, CBS2/Fox28 didn't see any of the flyers posted around the area.

[…]

Goodman says it hurts to see her friend used as "political propaganda" to vilify an entire population because of one person's actions; she says this time hurts more because it was so close to the university she and Mollie love. A university she says is diverse and inclusive.

[…]
That’s sad. It’s OK to disagree with the family regarding the issue, but it’s NOT OKAY to disrespect the family by using MT image after they expressly asked people not to. Grrrr
 
I’d LOVE to see Mollie’s self-portrait from her 5 year-old self. I will never tire of hearing about MT. It’s a rare person who can inspire magnificent things in both life and death. She really is leaving a legacy. Amazing.
Indeed she is.
t45101.gif


You can get a pretty good look at her self-portrait in the video. It's adorable. :p

Screenshot 2019-09-21 22.13.53.png
Image source: LC's video made public in the article above
 
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