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

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and since the article didn't give a date for next hearing - here's from the court site:

Event Filed By Filed Create Date Last Updated Action Date
ORDER FOR PRETRIAL CONFERENCE YATES JOEL D 12/09/2019 12/09/2019 12/09/2019
Comments: AND SETTING DEADLINES; PTC SET FOR 1-28-20 AT 9:00 AM;
EMAILED TO INTERPRETERS; TO PCS THRU EDMS

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Judge: Some evidence can be thrown out during Cristhian Bahena Rivera trial

Dec 23, 2019

In November during a suppression hearing for Cristhian Bahena Rivera, the defense witnesses laid out who Bahena is as a person and what could have happened to contribute to what his defense calls an involuntary "alleged" confession.

The state agrees the court should suppress any statements Bahena made between 11:30 p.m. on August 20th and early August 21st; they concede Bahena was improperly Mirandized by an Iowa City officer, leaving out a sentence in the first of two Miranda readings.

The officer testified in court she inadvertently left out the sentence about anything he said being used against him in court.


However, the judge's ruling on the motion clearly states any physical evidence gathered during the first interview will be allowed, despite the Miranda violation.

Bahena's trial is set to begin on Tuesday, February 4th in Woodbury County.

@Niner
 
Judge says key evidence can be used in Mollie Tibbetts' slaying - KTIV

Dec 23, 2019

IOWA CITY, Iowa (AP) -- In a victory for prosecutors, a judge has ruled that they can use key evidence against the man charged with killing University of Iowa student Mollie Tibbetts.

Judge Joel Yates agreed with prosecutors that some statements made by Cristhian Bahena Rivera must be suppressed because they came during an interrogation after he was not read his full legal rights.

But Yates ruled that prosecutors can use information provided by Rivera that led them to the body of Tibbetts, who disappeared in July 2018 while out running in Brooklyn, Iowa.

He also ruled that they can use key blood evidence.
 
Judge rules in favor of state in Mollie Tibbetts case; most testimony, evidence, to be allowed at trial

Dec 23, 2019

A judge has ruled that, despite requests to suppress evidence, most testimony and evidence against the man accused of killing Iowa college student Mollie Tibbetts can be taken to trial.

District Judge Joel Yates, in an opinion filed Monday, has ruled in the defense's favor that any testimonial evidence obtained between when Cristhian Bahena Rivera was read his Miranda rights improperly and when he was read them properly about six hours later cannot be used at trial.

However, Yates disagreed with Bahena Rivera's other claims that his rights were violated.

Yates concluded that Bahena Rivera did consent to the search of his car, that his statements were made voluntarily despite his claims of sleep deprivation and lengthy interrogation, and that law enforcement did not use language likely to induce a false confession, according to court documents. bbm

Lynn Hicks, a spokesman for the Iowa Attorney General's office, said the state is pleased with the ruling and is prepared to continue the trial, scheduled to begin Feb. 4, 2020, in Woodbury County. If convicted of first-degree murder, Bahena Rivera would face a mandatory sentence of life in prison.

[..]

Authorities have said that Bahena Rivera led them to Tibbetts’ body after telling police that he chased the young jogger after driving past her the evening she disappeared. She threatened to call police, at which point he said he got mad and “blocked his memory.” Bahena Rivera admitted to then finding her body in his trunk, before hiding her in a cornfield, according to court documents.
 
Ibiz said:
It's strange that this guy would work so hard on a trial knowing what he did was wrong... You would think he would want to be an honorable human being, and plead guilty to his crime, just as fast as he decided to commit it.
Click to expand...
Respectfully -- I don't think he's working at all. It's seemed to me from the beginning that his defense team is eager to drag this out. MOO
 
Judge: Key evidence can be used in Mollie Tibbetts' slaying

Dec 23, 2019

IOWA CITY, Iowa — In a victory for prosecutors, a judge ruled Monday that they can use key evidence at trial against the migrant worker charged with killing University of Iowa student Mollie Tibbetts.

Judge Joel Yates agreed with prosecutors that some statements made by the defendant, Cristhian Bahena Rivera, must be suppressed because they came during an interrogation after he was not fully read his legal rights.

But Yates ruled that prosecutors can still use the information provided by Rivera that led them to the body of Tibbetts, who disappeared in July 2018 while out for a run in her small hometown of Brooklyn, Iowa. He also ruled that statements made by Rivera after the discovery of the body were admissible because he was read his rights at that point.

In addition, Yates also ruled that Rivera gave consent to search his vehicles, so prosecutors can use blood evidence discovered in the trunk of one car that allegedly contained Tibbetts' DNA.

[..]

A spokesman for the attorney general's office, which is helping Poweshiek County prosecute Rivera, hailed Monday's ruling as a positive step forward.

[..]

Yates had been weighing what evidence to allow at the trial after overseeing a two-day hearing in November on Rivera's motion to suppress key evidence

[..]

Investigators showed up at the dairy farm where Rivera worked to interview him and other employees in August 2018. He was taken to the sheriff's office, where he was questioned for hours. Eventually, Rivera allegedly directed investigators to the cornfield where they found Tibbetts' body.

Yates ruled that Rivera voluntarily gave consent to search his vehicles and to go the sheriff's office for the interrogation. He denied Rivera's defense's argument that he had been coerced into giving permission for both, and that his confession was the product of a sleep-deprived interrogation.

Investigators later discovered blood in the trunk of one of the vehicles that they say testing later linked to Tibbetts' DNA. Since the search of the vehicle was voluntary, Yates said that evidence can be used.

[..]

However, Yates ruled that prosecutors can use the discovery of Tibbetts' body as evidence since Rivera's statements were voluntarily given.

^^bbm

ETA: complete victory for prosecutor -- let the trial begin.
 
That is great news!

As I was digging around a bit on Officer Romero, I read that she said people thought she omitted the second sentence of the Miranda on purpose, to try to get more info from him. That surprised me because I've been wondering if she was sympathetic to his problems, which caused her to have one of those memory blocks.

From an Aug. 2015 complimentary story about her:
...
"It was a natural inclination to serve and protect her community that motivated Romero toward her new career. The Durango, Mexico native immigrated to the United States at the age of 9. Neighbors often sought her help with translation. Later, she would provide reference letters and help them understand immigration matters."
Hola Iowa August 5, 2015 Edition
**************************
West Liberty Iowa Police Dept.
Mar 18, 2017
"Congratulations Officer Pamela Romero - Pamela completed an intensive 36 Hour training course this past week.
Proud of her and proud of the fact the West Liberty Police Department is now a part of the Internet crimes against children task force. And Officer Romero is our investigator on staff"
West Liberty Iowa Police Department
 
Been reading back through to catch up on the latest.

JMO
Glad the judge allowed most of the important stuff in. The defense arguments that they brought up concerns me a little for post-trial appeals that may eventually come but we have to get through the trial first I suppose.

It always amazes me how in a lot of cases there are important issues and decisions that have to be made by the trial judge and we have to trust that an Appeals Court in the future will agree with the judge's rulings. Most of the time they hold up but in some cases the Appeals Court can overrule or change things. Lets hope that never happens in this case.

Something so basic as giving a person their Miranda rights is one of the most important things to get right during interrogations no matter who LE is dealing with. Im still disappointed that there was an apparant error made in this regard. Its inexcusable really. Lets hope the issue does not resurface in any future appeals.
 
Since everything is moving so slow in this case, I've found myself only checking this thread every few months.

New news to me that the judge has allowed the physical evidence while throwing out portions of the verbal statements.

Like @Hatfield said, it's inexcusable to have errors on the side of reading Miranda Rights to a suspect, but thankfully the physical evidence is substantial enough to cover those errors.
 
Gardenista said:
Mollie Tibbetts case: Unidentified fingerprints, blood found in Cristhian Bahena Rivera's trunk, records show
Click to expand...
Noting:

[...]

Attorneys for Cristhian Bahena Rivera on Sunday filed a motion to continue trial, asking that the court postpone the Feb. 4 trial to a later date to allow the defense time to depose new witnesses called by the state, including Tibbetts' boyfriend, DJ, who has since joined the military and been deployed to the Middle East.

[...]

On Jan. 15, the defense received DNA information from the state’s criminologist which indicated two other people’s blood was found with Tibbetts’ in the Malibu's trunk, but neither matched that of Bahena Rivera, court records filed by the defense show. A set of fingerprints not belonging to Bahena Rivera was also found in the trunk.

Defense attorneys Chad and Jennifer Frese are asking that trial be delayed so investigators have more time to follow up on the blood and fingerprints, which they described as “highly exculpatory.”

[...]

Bahena Rivera's attorneys also wrote that they received additional lab reports earlier this month which included a folding knife with a "suspected hair" on it seized from a home on 200th Street.” They said the knife did not have fingerprints on it.

The defense also filed an application for discretionary review of an interlocutory order in which they're asking the Supreme Court to review District Judge Joel Yates's decision to allow most evidence to be taken to trial, despite the defense's arguments that most evidence should be suppressed.

The prosecutors also wrote that unless DJ can return in time for trial, they no longer plan to call him as a witness because of the nature of his deployment.

[...]
 
Defense attorneys Chad and Jennifer Frese are asking that trial be delayed so investigators have more time to follow up on the blood and fingerprints, which they described as “highly exculpatory.”
Click to expand...

Wow! If my client had a dead body in his trunk and then more blood/fingerprints were found in it, I'd be asking him how many more women he has killed and stuffed in his trunk. It's a good thing I'm not a defense attorney.

I can't imagine how his attorneys are going to play this.
 
Bahena Rivera's attorneys also wrote that they received additional lab reports earlier this month which included a folding knife with a "suspected hair" on it seized from a home on 200th Street.” They said the knife did not have fingerprints on it.
Click to expand...
I wonder who lives on 200th Street?

Did we conclude, way back when, that she suffered blunt force trauma?
 
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