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

[TL4S]

THANK YOU!!

The evidence surrounding the deficient Miranda warning was ruled on based on the evidence and the testimony of several expert witnesses that the defense presented during two full days of hearings.

The defense also had an opportunity to admit their alleged civil rights violations into evidence last October and chose not to allow their client to be questioned about his late affidavit.

In my opinion, seeking relief from the Supreme Court was just another stalling tactic. I hope the stay can now be lifted, and that the defense will turn their attention to the late evidence (other blood in the trunk) they received in January.

MOO

Can someone explain, does this mean CR's statements made between Miranda readings are, or are not allowed? I know it means him leading them to the body is allowable, but whay about the evidence Yates suppressed before?

 

[Seattle1]

Can someone explain, does this mean CR's statements made between Miranda readings are, or are not allowed? I know it means him leading them to the body is allowable, but whay about the evidence Yates suppressed before?

Basically, only statements CR made between 11:30 p.m. on August 20th and early August 21st were suppressed or not allowed by the judge. However, statements CR made that led investigators to MT's body were allowed. All the physical evidence was also allowed.

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.

There were two full days of suppression hearings last November where live streaming was allowed in the courtroom and video was linked up-thread.

During the hearings, members of CR's family, expert witnesses, etc. all testified and were cross-examined. They were a good indication of the defense strategy in my opinion. The judge issued his ruling on the evidence excluded late December which is thoroughly described in my media posts quoted below. There were no surprises here.

While the evidence suppression hearings and ruling were prior to the disclosure of new blood and fingerprint evidence, this does not negate the Judge's suppression ruling.

The defense already rightfully motioned and received for more time to investigate the new evidence so it's disappointing that there's now a stay because of the supreme court matter -- which I'm not concerned about since the same civil rights arguments were struck down in November.

I agree that this extended delay may be what the defense really wanted but I doubt they will use it to develop the "accomplice" defense for reasonable doubt. I think the new evidence can be easily explained.

MOO

 

[Tippy Lynn]

Court denies evidence review in killed Iowa student case

DES MOINES, Iowa - The Iowa Supreme Court says it will not review evidence in the case of a man charged with killing University of Iowa student Mollie Tibbetts in 2018.

The lawyers for Cristhian Bahena Rivera have argued that much of the evidence prosecutors plan to use at trial should be suppressed because his cooperation was coerced and he wasn’t initially read his legal rights.

 

[mickey2942]

Court denies evidence review in killed Iowa student case

DES MOINES, Iowa - The Iowa Supreme Court says it will not review evidence in the case of a man charged with killing University of Iowa student Mollie Tibbetts in 2018.

The lawyers for Cristhian Bahena Rivera have argued that much of the evidence prosecutors plan to use at trial should be suppressed because his cooperation was coerced and he wasn’t initially read his legal rights.

The defense can appeal this, that would go to 8th circuit court. Thank goodness it does not go to the 9th "circus" court in California, which is basically a rubber stamp for any case involving an undocumented immigrant.

United States courts of appeals - Wikipedia

 

[Tippy Lynn]

The defense can appeal this, that would go to 8th circuit court. Thank goodness it does not go to the 9th "circus" court in California, which is basically a rubber stamp for any case involving an undocumented immigrant.

United States courts of appeals - Wikipedia

"Circus" court is about right.

 

[JudgeJoe]

Checkn in... I figured Feb 4 trial would somehow be delayed. Oh well... I’ll be back. Gotta follow through for Mollie!

More blood/fingerprints in trunk is an unexpected twist. I remember CR was quoted referencing his occasional blackouts when he gets very mad. I wonder if the extra DNA & prints occurred during other blackouts. I’ve thought of Mollie’s murder as an isolated crime- but maybe not!

The other piece that stands out is defense claim that CR doesn’t understand US justice system. That one is particularly ridiculous. I’m sure all the children who are tried as adults don’t understand the justice system- or their Miranda Rights- either. Or for that matter the average law-abiding citizen suddenly in the midst of a legal battle- of any sort- they never anticipated. I know defense is doing their job. But may the grasping stop soon... Just my latest 2 cents.

 

[Seattle1]

Checkn in... I figured Feb 4 trial would somehow be delayed. Oh well... I’ll be back. Gotta follow through for Mollie!

More blood/fingerprints in trunk is an unexpected twist. I remember CR was quoted referencing his occasional blackouts when he gets very mad. I wonder if the extra DNA & prints occurred during other blackouts. I’ve thought of Mollie’s murder as an isolated crime- but maybe not!

The other piece that stands out is defense claim that CR doesn’t understand US justice system. That one is particularly ridiculous. I’m sure all the children who are tried as adults don’t understand the justice system- or their Miranda Rights- either. Or for that matter the average law-abiding citizen suddenly in the midst of a legal battle- of any sort- they never anticipated. I know defense is doing their job. But may the grasping stop soon... Just my latest 2 cents.

Very good point about CR or a defendant that experiences "blocked memory" when he's angry -- in his own words.

IMO, CR was a top dog among the dairy personnel. He'd worked his way up the chain and rewarded with single housing (i.e., private quarters - trailer all to himself).

Also, another benefit common in his world is for ag-employers to provide for their trusted farmhands to acquire newer vehicles via payroll deduction when it would be difficult for them to otherwise purchase by a conventional method. It would not be unusual whatsoever for CR to lend his vehicle to a newer member of his crew who had not yet earned any privileges from their employer. I wouldn't be surprised to learn that CR was in line for an upgraded vehicle and had plans to sell the vehicle in question to another worker very soon.

MOO

 

[Seattle1]

Court denies evidence review in killed Iowa student case

DES MOINES, Iowa - The Iowa Supreme Court says it will not review evidence in the case of a man charged with killing University of Iowa student Mollie Tibbetts in 2018.

The lawyers for Cristhian Bahena Rivera have argued that much of the evidence prosecutors plan to use at trial should be suppressed because his cooperation was coerced and he wasn’t initially read his legal rights.

To be clear -- I don't believe there's any evidence that CR's defense has already or will appeal the decision by the Supreme Court. I believe the reporter's reference to CR's lawyers appealed the decision, leading to a delay of Rivera's first-degree murder trial, was actually directed to the district court judge that ruled in December that the evidence was admissible-- following two days of evidence suppression hearings last October.

 

[FrostedGlass]

While searching for this and that, I came across the legal doc: RULING ON DEFENDANT’S MOTION TO SUPPRESS (39 pages) = very interesting reading.
http://media.graytvinc.com/documents/Rivera+Suppression+Finding_FECR010822_13360241.pdf

In it, the ruling refers to Rivera's "vehicles" and also states Poweshiek County Deputy Steve Kivi ... followed the Malibu until it stopped outside a house. I wonder if that house was the one on 200th, where they found the knife.

 

[Seattle1]

While searching for this and that, I came across the legal doc: RULING ON DEFENDANT’S MOTION TO SUPPRESS (39 pages) = very interesting reading.
http://media.graytvinc.com/documents/Rivera+Suppression+Finding_FECR010822_13360241.pdf

In it, the ruling refers to Rivera's "vehicles" and also states Poweshiek County Deputy Steve Kivi ... followed the Malibu until it stopped outside a house. I wonder if that house was the one on 200th, where they found the knife.

Big thanks for linking the judge's ruling.

I transcribed the key points from the first day of the evidence suppression hearings but couldn't devote a second day to documenting the hearing but I was confident that the judge would rule in favor of the state.

CR's defense called more CR family members than I ever realized he had residing in Brooklyn. They also called several expert witnesses but the physical evidence negated many of their opinions, IMO.

 

[Chichi baby]

We're still here praying for you and your family Mollie!! Justice will be served.
RIP ...

 

[JudgeJoe]

Big thanks for linking the judge's ruling.

I transcribed the key points from the first day of the evidence suppression hearings but couldn't devote a second day to documenting the hearing but I was confident that the judge would rule in favor of the state.

CR's defense called more CR family members than I ever realized he had residing in Brooklyn. They also called several expert witnesses but the physical evidence negated many of their opinions, IMO.

I’ve been thinking about defense calling in all those family members we didn’t know about. That could work against defense. They’re building a case around his limited education & language barrier. But he’s had a whole network of local family support- and I doubt they all have limited education/ language proficiency. He’s probably a lot more experienced & savvy to US law & language than they’ve made him out to be. He certainly isn’t “alone” just trying to send funds back to his poor poverty stricken farmer parents. I think this will backfire for defense. Jmo

 

[Niner]

We have a next court date!

Event Filed By Filed Create Date Last Updated Action Date
MOTION FRESE JENNIFER JO 02/28/2020 02/28/2020 02/28/2020
Comments: MOTION FOR RULING

OTHER APPLICATION CHARNETSKI DONALD JOHN 02/28/2020 02/28/2020 02/28/2020
Comments: FOR ADMISSION PRO HAC VICE - DISTRICT COURT

ORDER SETTING HEARING YATES JOEL D 02/27/2020 02/28/2020 02/28/2020
Comments: TO REVIEW SPD'S ACTION RE: EXPERT FEES 3-9-20 11:00 AM

SPD/BUSHELL/CHARNETSKI NOTIFIED THRU EDMS
MOTION CHARNETSKI DONALD JOHN 02/26/2020 02/27/2020 02/27/2020
Comments: TO REVIEW STATE PUBLIC DEFENDER'S ACTION TO MODIFY EXPERT

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

 

[glamourkitty1922]

Has there been any indication whether we will have a televised trial when it actually happens?

 

[Niner]

Monday, March 9th:
*Motions Hearing (@ 11am CT) – IA – Mollie Cecilia Tibbetts (20) (July 18, 2018, Brooklyn; found Aug. 21, 2018) – *Cristhian Bahena Rivera aka John Budd (24/now 25) 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 was set to begin on 2/4/20 – Trial has been postponed (on 1/22/20). (should last about 6 to 8 days). Trial moved from Poweshiek County to Woodbury County.
Court hearings from 8/22/18 thru 1/22/20 reference post #526 here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #47
2/4/20 Update: The Iowa Supreme Court announced this morning they denied a motion presented by the lawyers of Rivera. All evidence entered into the murder trial of a University of Iowa student will remain in the case. Basically, only statements CR made between 11:30 p.m. on August 20th and early August 21st were suppressed or not allowed by the judge. However, statements CR made that led investigators to MT's body were allowed. All the physical evidence was also allowed.
2/17/20 Update: Motion to set a trial scheduling conference. 2/18/20: Indigent defense claim form: total $3K. Next motions hearing on 3/9.

 

[Niner]

The only thing added to court site:

Event Filed By Filed Create Date Last Updated Action Date
ORDER FOR CONTINUANCE YATES JOEL D 03/06/2020 03/06/2020 03/06/2020
Comments: ON MOTION FOR RULING

MOTION FOR CONTINUANCE CHARNETSKI DONALD JOHN 03/06/2020 03/06/2020 03/06/2020
Comments: HEARING ON MOTION FOR RULING

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

 

[girlhasnoname]

Always waiting patiently on:

#JusticeforMollie

 

[JudgeJoe]

Always waiting patiently on:

#JusticeforMollie

Or impatiently, if I’m honest.
Definitely #JusticeforMollie!

 

[girlhasnoname]

Or impatiently, if I’m honest.
Definitely #JusticeforMollie!

Hah, I understand! I'm only patient because I don't want any errors for appeals.

 

[Luckyzmom]

Attys for Prep are scrambling to find anything that could derail this trial. MOO