GUILTY IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #50

[rebel123]

It isn’t automatic, but an appeal is standard in cases of LWOP. If the convicted is indigent, the state will usually shoulder the economic burden of one appeal. It is a common enough process. Whether that will be a *successful* appeal that changes anything about CBR’s sentence, or gains him a new trial? I am doubting it. I feel both the prosecution and defense did a good job. The judge was very lenient with the defense questioning and testimony.

I believe the defense attorney said they will have 30 days after sentencing to file the appeal. The prosecutor said (I paraphrase): there is always an appeal. We’ll be ready.

I agree with your post. For me it's about 'Justice', the interview / Miranda Rights was a 'mess' the Judge cleaned it up best he could, but the fact still remains that it should be Miranda Rights / interview. 'Justice' should be about 'raising the bar'. If it was me or anybody else in exactly the same position, the reading of the Miranda Rights had been' messed up, then I'd be pretty upset about it. If the Miranda Rights is 'half baked' get rid of it altogether, it either means something or nothing, there is no in between.

 

[rebel123]

I doubt there is any other country that protects the accused as much as the USA, if for no other reason than they are presumed innocent going into the trial. In a lot of countries, CBR would have been executed probably three months after he was arrested.

I can't say this is factually correct, but it wouldn't surprise me at all (not have a go at the USA) - 'It has been estimated that between 2.3 percent and 5 percent of all U.S. prisoners are innocent. With the number of incarcerated Americans being approximately 2.4 million, by that estimate as many as 120,000 people may be incarcerated as a result of wrongful conviction.'

 

[rebel123]

According to Court TV segment post-verdict that's posted up-thread, 1st-degree murder conviction is an automatic appeal (i.e., although Iowa abolished their death penalty 30+ years ago-- 1st-degree murder is mandatory LWOP).

After the trial, the Frese confirmed their intent to appeal--also noting how they continued to try to get to the supreme court over Judge Yates evidence suppression ruling but they were denied. MOO

Nicely summed up.

 

[rebel123]

(snipped and bolder by me)
For the record, of the hundreds of Iowans I know not a single one thinks he didn’t do it. Whether he had help or not is another question entirely, one I doubt we’ll ever know now.

You are right, we've had a Trial, but there are lots of questions which still remain.

 

[katydid23]

I agree with your post. For me it's about 'Justice', the interview / Miranda Rights was a 'mess' the Judge cleaned it up best he could, but the fact still remains that it should be Miranda Rights / interview. 'Justice' should be about 'raising the bar'. If it was me or anybody else in exactly the same position, the reading of the Miranda Rights had been' messed up, then I'd be pretty upset about it. If the Miranda Rights is 'half baked' get rid of it altogether, it either means something or nothing, there is no in between.

I don't think the Miranda rights were all that messed up though.

At the time he was first being interviewed, an officer gave him the Miranda rights in their entirety, in English. He does speak English moderately, but they did ask for a Spanish speaking officer to come to them so they could give him the MR in Spanish. Which they did.

When Officer Navarro gave him his rights, in Spanish, she accidentally left out one sentence. It was an important sentence, but it was accidental, not malicious on her part.

When the judge was told about the sentence being left out, he said that everything the defendant said before the MR was given to him in full, could not be used in the trial. I think that was a fair decision.

And I do not think it is 'all or nothing.' There are several important sentences in the MR. If he heard all of them except one, and understood them, then missing one sentence should not negate the others, IMO.

You have the right to remain silent.
[*Anything you say can and will be used against you in a court of law. ]
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
Do you understand the rights I have just read to you?
With these rights in mind, do you wish to speak to me?”

* Not said...

 

[girlhasnoname]

You are right, we've had a Trial, but there are lots of questions which still remain.

Not for me, and thank goodness, not for the 12 jurors. He saw Mollie, he stalked Mollie, he confronted Mollie, he raped and killed Mollie, and he dumped Mollie like garbage in a corn field to decompose in a sweltering hot August summer.

He was found guilty of 1st degree murder and I hope he only leaves prison in a pine box.

Case closed.

MOO

 

[girlhasnoname]

Laura Calderwood: Remembering Mollie
Sept 2019

What a beautiful, honest and touching video. I cannot imagine a parent's grief over losing their child in such a brutal fashion, yet Mollie's mother <and father> has shown such grace and dignity.

It's easy to see where Mollie got her good character from.

 

[SharonNeedles]

You are right, we've had a Trial, but there are lots of questions which still remain.

I am beyond frustrated with that trial. I’m more convinced than ever now that Mollie was not killed along 385th Ave or there would have been so much more blood in the car.

Frustrated that CR didn’t know how to get to that cornfield unless LE swung by his place first. Does anybody else consider that maybe the one and only time he went to that field was from his trailer (which is 1.75 miles from where Mollie was abducted).

And the severity of the injuries… We’re supposed to assume he carries weapons like that in his car? There would be dozens of farm tools at the farm.

But no, those questions will likely never be answered now because answering them would be extremely uncomfortable and CR has no motivation to tell us what happened.

 

[geevee]

I am beyond frustrated with that trial. I’m more convinced than ever now that Mollie was not killed along 385th Ave or there would have been so much more blood in the car.

Frustrated that CR didn’t know how to get to that cornfield unless LE swung by his place first. Does anybody else consider that maybe the one and only time he went to that field was from his trailer (which is 1.75 miles from where Mollie was abducted).

And the severity of the injuries… We’re supposed to assume he carries weapons like that in his car? There would be dozens of farm tools at the farm.

But no, those questions will likely never be answered now because answering them would be extremely uncomfortable and CR has no motivation to tell us what happened.

I'm right there with ya, SN, so much left unanswered that should have at least been attempted.

I've seen a few videoed interrogations that when the officer reads the Miranda rights to a suspect, they also put a sheet of paper in front of them and have them sign the page with the printed rights, acknowledging they've read and understood them - that didn't happen here either time he was given the MR?

 

[Seattle1]

I'm right there with ya, SN, so much left unanswered that should have at least been attempted.

I've seen a few videoed interrogations that when the officer reads the Miranda rights to a suspect, they also put a sheet of paper in front of them and have them sign the page with the printed rights, acknowledging they've read and understood them - that didn't happen here either time he was given the MR?

I believe much being questioned about the deficient Miranda Warning was explained during more than two days of evidence suppression hearings. Brookdale, IA is a town with a population of about 1400, served by a very small county sheriff's department. Officer Romero - native Spanish speaker, responsible for the deficient warning, was borrowed from yet another county. While we did not see the video corroborating the omission of one sentence, the Judge did. *And the Judge also saw/heard CBR's response to his Miranda warning as given. MOO

ETA: *

 

[StarryStarryNight]

Regarding the part I bolded; do you really think people who are charged with a crime are presumed innocent? Until recently, I always thought if the prosecutor had enough evidence to bring someone to trial, there was a good chance they were guilty. Especially if the prosecutor had a good record of convictions.

The prosecutor brings charges after determining the person might be guilty. The accused is still presumed innocent under the law. That is why the prosecution has the burden of proof to actually prove that person guilty. Just because everybody might think the person guilty, including the prosecutor, the law considers them innocent until proven guilty.
Plenty of people go to trial and the prosecution fails to prove them guilty.

 

[rebel123]

I believe much being questioned about the deficient Miranda Warning was explained during more than two days of evidence suppression hearings. Brookdale, IA is a town with a population of about 1400, served by a very small county sheriff's department. Officer Romero - native Spanish speaker, responsible for the deficient warning, was borrowed from yet another county. While we did not see the video corroborating the omission of one sentence, the Judge did. *And the Judge also saw/heard CBR's response to his Miranda warning as given. MOO

ETA: *

The Judge made a call on it, yes he viewed / heard it, but there are other factors, was it a 11 hour work day for him, didn't he fall asleep, etc. These are all very important.

A interesting read - A HISTORY OF MIRANDA AND WHY IT REMAINS VITAL TODAY*

https://scholar.valpo.edu/cgi/viewcontent.cgi?article=1225&context=vulr

 

[Fukiyama]

Along the way has there been any indication CBR belongs to something like MS13?

I read a book recently by a psychiatrist that included a section on MS13's satanic predilections.

 

[PrairieWind]

Along the way has there been any indication CBR belongs to something like MS13?

I read a book recently by a psychiatrist that included a section on MS13's satanic predilections.

I don't think there has ever been any indication of that. He is from Mexico and most MS-13 members are from Central America.

 

[Seattle1]

I don't think there has ever been any indication of that. He is from Mexico and most MS-13 members are from Central America.

I agree. We also know from his testimony that he was in school and graduated shortly before coming to the States. I think his depraved, criminal act culminated in Iowa. MOO.

 

[PrairieWind]

I agree. We also know from his testimony that he was in school and graduated shortly before coming to the States. I think his depraved, criminal act culminated in Iowa. MOO.

Agree. And MS-13 isn't something people are "secretly" members of. It is usually pretty obvious. If he had been a member, I think he would have tried to used that as a defense, "they made me do it." It would have been better than the defense he actually used! LOL. Now, maybe the Sweater Ninjas were MS-13.

 

[justtrish]

I am beyond frustrated with that trial. I’m more convinced than ever now that Mollie was not killed along 385th Ave or there would have been so much more blood in the car.

Frustrated that CR didn’t know how to get to that cornfield unless LE swung by his place first. Does anybody else consider that maybe the one and only time he went to that field was from his trailer (which is 1.75 miles from where Mollie was abducted).

And the severity of the injuries… We’re supposed to assume he carries weapons like that in his car? There would be dozens of farm tools at the farm.

But no, those questions will likely never be answered now because answering them would be extremely uncomfortable and CR has no motivation to tell us what happened.

I don't think she was killed on 385 either. I don't think the prosecution believes that either. I think since they didn't know exactly, they didn't push it. They focused on the facts. His car that he admitted voluntarily to being the only one driving that day repeatedly circled an area she was running in. Her blood was in his trunk. He knew where she was and he was the only one that knew where she was.

It's very possible he put her in the trunk and panicked and just drove and drove trying to get away and looking for somewhere, anywhere to pull off. That area he lead them too looks like a bit of a pull off and would be perfect for him to take her. He admitted he didn't know how to get home from there so he used google. That is why he needed to go to his house.. he likely went from the cornfield to his house after he left her there.. makes sense then his ability to lead them there would start at his house and back track.

I also think it's possible he went back there at some point after.

She was stabbed with a knife. It isn't out of the ordinary to carry a knife if you work on a farm and live in a rural area. It's actually more common than not I'd bet for a farm worker to carry a knife on them.

He had the chance to tell them exactly what happened and if he isn't the only one involved, then it's on him that he didn't out someone. I don't for a minute believe the 2 masked men story. I could believe another person was involved, but we can't magically know if he isn't going to out them. I do think he acted alone though. It's unfortunate that there are bad people in all professions, all walks of life, from all backgrounds, all countries, and we struggle to understand why and often there just isn't a why. People are sick, desperate, angry, they snap, there is sometimes just not way to see it coming and sometimes there is, but we just don't believe someone can actually be that evil.. we ignore warning signs and sometimes there are no warning signs.

Stranger crime is the hardest because if we believe it then we acknowledge we are all vulnerable. If it's a spouse or loved one we can at least feel safer in the world. Stranger abduction, rape, and murder is the hardest.

 

[skyedaze]

For me it is all answered...by him. He saw her, he took her, he destroyed her.
There is no gang...just a sexual predator. This is nothing new. It's not complicated.

He told us how...TWICE, once in starring role, 2nd projecting himself onto fictitious sweltering sweater-clad unidentifiable knife wielding ninjas.
He was re-Mirandized before he literally walked them to her decomposed body where it left an imprint in the ground.

He did it. He described it and told the story. He delivered LE to the final site.

I worked 12 hour days all last week, still had to walk my dog, exercise, bath, clean my house, cook and mow the lawn...and no one brought me a d@mn sandwich.

 

[JDough]

For me it is all answered...by him. He saw her, he took her, he destroyed her.
There is no gang...just a sexual predator. This is nothing new. It's not complicated.

He told us how...TWICE, once in starring role, 2nd projecting himself onto fictitious sweltering sweater-clad unidentifiable knife wielding ninjas.
He was re-Mirandized before he literally walked them to her decomposed body where it left an imprint in the ground.

He did it. He described it and told the story. He delivered LE to the final site.

I worked 12 hour days all last week, still had to walk my dog, exercise, bath, clean my house, cook and mow the lawn...and no one brought me a d@mn sandwich.

A yummy sandwich for you to make up for last week!

 

[Seattle1]

I don't think she was killed on 385 either. I don't think the prosecution believes that either. I think since they didn't know exactly, they didn't push it. They focused on the facts. His car that he admitted voluntarily to being the only one driving that day repeatedly circled an area she was running in. Her blood was in his trunk. He knew where she was and he was the only one that knew where she was.

It's very possible he put her in the trunk and panicked and just drove and drove trying to get away and looking for somewhere, anywhere to pull off. That area he lead them too looks like a bit of a pull off and would be perfect for him to take her. He admitted he didn't know how to get home from there so he used google. That is why he needed to go to his house.. he likely went from the cornfield to his house after he left her there.. makes sense then his ability to lead them there would start at his house and back track.

I also think it's possible he went back there at some point after.

She was stabbed with a knife. It isn't out of the ordinary to carry a knife if you work on a farm and live in a rural area. It's actually more common than not I'd bet for a farm worker to carry a knife on them.

He had the chance to tell them exactly what happened and if he isn't the only one involved, then it's on him that he didn't out someone. I don't for a minute believe the 2 masked men story. I could believe another person was involved, but we can't magically know if he isn't going to out them. I do think he acted alone though. It's unfortunate that there are bad people in all professions, all walks of life, from all backgrounds, all countries, and we struggle to understand why and often there just isn't a why. People are sick, desperate, angry, they snap, there is sometimes just not way to see it coming and sometimes there is, but we just don't believe someone can actually be that evil.. we ignore warning signs and sometimes there are no warning signs.

Stranger crime is the hardest because if we believe it then we acknowledge we are all vulnerable. If it's a spouse or loved one we can at least feel safer in the world. Stranger abduction, rape, and murder is the hardest.

It's important to recognize that CBR had 4-5 weeks to clean his vehicle of any evidence. I did not get that the State was specific with exactly where Mollie's life ended. However, I believe Mollie was somehow incapacitated to get her inside the car trunk.

When I learned that the stab wounds were mostly to Mollie's upper chest and neck, and some of the wounds required significant force, I thought Mollie probably stabbed while both running and inside the trunk-- given the small, confined space, trunk height, and amount of force CBR could leverage from a standing position. Just my personal speculation without any scientific authority.

I also think that this being an all-digital trial hurt the public's ability to view the exhibits before and during, the trial. Seems there were no leaks during the discovery exchange either.

While I saw photos of the trunk liner with large dark stains during the trial, and I know that Mollie's blood was in fact located inside the trunk, I can't tell you if the estimated volume of Mollie's blood in the trunk was ever determined or reported.

MOO