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

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Evidence hearing for Cristhian Bahena Rivera to be delayed

DES MOINES, Iowa —

A judge has granted a delay in a hearing for the man accused of killing Mollie Tibbetts. Cristhian Bahena Rivera is charged with first-degree murder.

His lawyers 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. 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.
 
Niner said:
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
Click to expand...

It also looks like Court not wasting the calendar already set for August 23.

They will use this day in court for CR to waive his right to speedy trial in person.

Defense promised written waiver but with all this "deficient miranda" allegations, the DA and Judge want CR to also waive his right to speedy trial in person.

Good on them....

MOO
 
mickey2942 said:
The only good news here is that Iowa is not part of the Niinth circuit court.
Click to expand...

For all as curious about o/p as I was:

The United States Court of Appeals for the Ninth Circuit has jurisdiction over the district courts in the following districts:
  • District of Alaska.
  • District of Arizona.
  • Central District of California.
  • Eastern District of California.
  • Northern District of California.
  • Southern District of California.
  • District of Hawaii.
 
Long before defense lawyer Chad Frese was retained to represent CR, he was defending the dairy farmer that employed CR on social media-- AND also made these comments about CR:

(don't forget he's now arguing the confession thrown out)...


Frese had already come under scrutiny for an earlier Facebook post after Bahena Rivera was charged. Frese, who didn't yet represent Bahena Rivera, wrote that the public had unfairly rushed to judgment against a farmer who'd been interviewed by investigators during the search for Tibbetts, writing:

"But wait .... an illegal alien snatched her up and committed this heinous act? He admitted to it? He took the cops to the body?"

Frese said he was explaining the importance of fair legal proceedings. He subsequently changed his privacy settings so that only friends could see his posts.

Mollie Tibbetts slaying: Suspect's lawyer removes post calling another client a 'terrible criminal'
 
Jealoushe said:
Wow...and people think lawyers are smart lol

I see the old, delay the trial as long as possible so we can try and sabotage it game is alive and well.
Click to expand...

What's odd to me is that this is CR's second "private" attorney's to take his case.

Remember the first private lawyer (CR fired) --Allen Richards that was bent on the politics surrounding CR and immigration. His 5 minutes of fame flamed out quickly.

Rivera hires new attorneys; waives preliminary hearing

So what's Frese' agenda? Chad Frese had plenty to say about CR (on social media) prior to representing him.
 
Seattle1 said:
Long before defense lawyer Chad Frese was retained to represent CR, he was defending the dairy farmer that employed CR on social media-- AND also made these comments about CR:

(don't forget he's now arguing the confession thrown out)...


Frese had already come under scrutiny for an earlier Facebook post after Bahena Rivera was charged. Frese, who didn't yet represent Bahena Rivera, wrote that the public had unfairly rushed to judgment against a farmer who'd been interviewed by investigators during the search for Tibbetts, writing:

"But wait .... an illegal alien snatched her up and committed this heinous act? He admitted to it? He took the cops to the body?"

Frese said he was explaining the importance of fair legal proceedings. He subsequently changed his privacy settings so that only friends could see his posts.

Mollie Tibbetts slaying: Suspect's lawyer removes post calling another client a 'terrible criminal'
Click to expand...

Correction to my post. Frese was not defending CR's dairy farmer employer but the former pig farmer that was interviewed by LE.
 
When you roll the dice.....this case is huge in Iowa and a large portion of the plains and Midwest.Prayers for Mollie's family, loved ones, friends and neighbors for strength and peace getting through this side show to the trial of the alleged that murdered her. I travel through that part of Iowa often, the saddeness lingers still.MOO
 
imstilla.grandma said:
ONE YEAR AGO TODAY: Mollie Tibbetts’ body found in rural Poweshiek County
Click to expand...
Hard to believe it’s been a year.

From imstilla.grandma’s link...

“When the interrogation began, officers told Rivera he was free to leave if he didn’t want to talk. Attorneys suggest he was in custodial interrogation and should have been read his Miranda Rights. However, he wasn’t Mirandized until several hours later.... Court documents also show the state of Iowa paid $12,845 in interpreter fees for Rivera... to a Missouri-based interpreter company.”

Coming up:
August 23- court appearance to discuss Rivera‘s right to a trial within 1 yr.

October 22-23- judge decides if Rivera’s MR were violated.

November 12- Trial & hopefully... guilty verdict w LWOP
 
AUG 21, 2019
Mollie Tibbetts: What we've learned in one year since a grim discovery, an arrest and a community's outpouring of love
[...]

In the course of 365 days, as the criminal-justice system has prepared a case against Bahena Rivera, who is scheduled for trial in November, advocates and others have provided deeper looks into who Tibbetts was, and the impact she had on communities still striving to honor her memory.

Who was Mollie Tibbetts?

[...]

After her disappearance, Tibbetts' father found in his daughter's bedroom poems in her handwriting spanning her adolescence and early adulthood. Tibbetts writes about her struggle with anxiety, experiencing loss, and her faith.

In a lighter poem, she describes herself as silly and a good listener. She liked her white teeth and said she was physically and emotionally strong.

[...]

Missing, then mourning

[...]

"We can sit here and wonder what was the point of it, a person who had so much purpose," the Rev. Corey Close said. But "evil is irrational. So we can’t really wrap our minds around it fully."

It may not come easily or quickly, Close said, but the faithful must find a way to forgive.

[...]

Remembering Mollie

Over the past year, memories of Tibbetts have resurfaced, inspired art, acts of kindness and efforts to find more missing children.

Ahead of what would have been Tibbetts' 21st birthday, JL, a founder of Mollie's Movement, encouraged people to perform 21 random acts of kindness and had 30,000 “kindness cards” printed with a quote from Tibbetts printed on the back.

On May 8, what would have been Tibbetts' 21st birthday, family and friends gathered to celebrate the woman's life.

[...]

Approaching trial

The first-degree murder jury trial for Bahena Rivera has been pushed to November as both the defense and prosecution sort through hours of transcribed interviews from the undocumented immigrant's arrest.

Before trial, Bahena Rivera will appear in court for an Oct. 22 and 23 suppression hearing during which his attorneys plan to continue arguing before a judge that their clients rights were violated, and that certain evidence should be excluded from trial.

[...]
g06027.gif
 
AUG 21, 2019
Runners reflect on changes to safety and psychology since Mollie Tibbetts' death
For me, it's like any little sound," says Corridor runner JS. "I look around to see if someone is in the woods."

[…]

A year later Steadman has changed some of her habits.

“I tell my husband I'm going out on a run," she says. "I let him know I'm going out on a run and the route I'm going to take."

Others are logging miles in Mollie's memory.

[…]

She says she'll never jog without a cellphone or usually a partner.

She says others carry mace or other weapons.

A year later, they're always equipped with a sense that everything is changed.

[…]
 
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