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

[Seattle1]

@justtrish said: ↑
So I have a question for anyone that might know about this testing and procedure. If the defense wanted any of these items tested for DNA, blood, seminal fluid, etc. they could have at any time done this correct? Him questioning her as if she somehow didn't test something that she should have that could have proved his client didn't do this is really just to try to show they didn't look for something or I don't know?? He could have requested the testing though right?

Bumping for you. I'm curious about that, too.

I think rules of evidence-- especially evidence deemed favorable to the defense are pretty clear to both sides.

Since the defense does not have to prove their innocence, I don't think we hear much about the defense contesting the state's evidence testing but it does happen -- mostly over technique or the defense preferring their own lab test expert over the state's expert.

I think we mostly hear about this when the sample is very small and the defense wants to split the evidence for separate testing and the state argues it could destroy or denigrate the only piece available. (I recall this happening over a tooth fragment in Kelsey Berreth murder trial).

I don't know if this answered your question but might add some perspective.

 

[TL4S]

According to the original arrest affidavit, CBR stated that he dragged her from his car to the secluded area before carrying her over his shoulder for 20 meters into the corn field, where he placed her body and covered her in corn leaves.

READ MORE: Arrest warrant and affidavit for Cristhian Bahena Rivera

I wonder if the defense plans to excuse the distance discrepancy and say the clothing came off while he dragged her?

Although this would likely go against their tactic that his confession was coerced...

 

[justtrish]

@justtrish said: ↑
So I have a question for anyone that might know about this testing and procedure. If the defense wanted any of these items tested for DNA, blood, seminal fluid, etc. they could have at any time done this correct? Him questioning her as if she somehow didn't test something that she should have that could have proved his client didn't do this is really just to try to show they didn't look for something or I don't know?? He could have requested the testing though right?



I think rules of evidence-- especially evidence deemed favorable to the defense are pretty clear to both sides.

Since the defense does not have to prove their innocence, I don't think we hear much about the defense contesting the state's evidence testing but it does happen -- mostly over technique or the defense preferring their own lab test expert over the state's expert.

I think we mostly hear about this when the sample is very small and the defense wants to split the evidence for separate testing and the state argues it could destroy or denigrate the only piece available. (I recall this happening over a tooth fragment in Kelsey Berreth murder trial).

I don't know if this answered your question but might add some perspective.

Yes, thank you!

So the only reason the defense would be criticizing them is to create doubt for the jury. They 100% could test anything they wanted to, but they are just trying to point out the prosecution didn't test it. They still could have if it was that big of a deal.

 

[justtrish]

She was a lot further from the road than I thought was well.

Really makes me believe he assaulted and killed her there. He had to be far enough away to not be seen from the road. I don't even want to consider that she was alive and walking into this cornfield, but it's possible. He conveniently forgot everything that happened until he saw the earbuds and remembered she was in the trunk. I don't think he killed her on the side of the road because they would have found blood. They were searching immediately all up and down her possible run routes. I think it's possible what he "can't remember" is taking her alive into that corn field and assaulting her and then covering her. If he was just dumping her why go that far in? He wasn't done with her and had to be sure he wouldn't be seen doing what he was doing to her. JMO

 

[justtrish]

I'm really curious where she was when her phone stopped or when the "incident" was noted and then her phone was going 55mph down the road. Have they ever noted that on a map? How far from that place was the place he dumped her?

Also curious what his phone was doing at that time.

 

[TL4S]

Really makes me believe he assaulted and killed her there. He had to be far enough away to not be seen from the road. I don't even want to consider that she was alive and walking into this cornfield, but it's possible. He conveniently forgot everything that happened until he saw the earbuds and remembered she was in the trunk. I don't think he killed her on the side of the road because they would have found blood. They were searching immediately all up and down her possible run routes. I think it's possible what he "can't remember" is taking her alive into that corn field and assaulting her and then covering her. If he was just dumping her why go that far in? He wasn't done with her and had to be sure he wouldn't be seen doing what he was doing to her. JMO

I've always had a hard time deciding what to think on this. On one hand, if he killed her at the cornfield, why the story about blacking out, the earbuds, dragging and carrying her into the cornfield, etc? Why not conveniently "black out" for the whole thing and not take LE to the body?

Clearly she was injured and bleeding when she came out of the trunk. Was that from an initial injury inflicted by CBR on 385th Ave, from struggling inside the trunk, or was she already stabbed and gone? Was there another stop made between 385th and the body location? The scattered clothing doesn't necessarily point to her being alive when they were removed. Sick thought but not unheard of. When push comes to shove, the defense will likely say they came off by other means. JMO.

But on the other hand... he could have made the whole thing up.

 

[Tiff23fr]

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[Tiff23fr]

Please continue on Thread #48