IA - Mollie Tibbetts,20, Poweshiek County - MEDIA, MAPS & TIMELINES - NO DISCUSSION

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Mollie's trial is starting this week. I have spent over 15 minutes to try to search for the current thread. I've gone through 23 threads forward and forward and forward and forward. I'm now on thread #44... I give up! Can someone post the current thread as I cannot find it through google or the WS search or recent posts. Thanks

This is the last one I have forwarded with... and is a few years old yet is thread #44.

Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #44

HELP! TIA
 
JAN 28, 2021
Defense: Late notice on ‘Clerical oversight’ behind late notice on subpoena in Mollie Tibbetts’ ban | The Gazette
[...]

Defense attorney Jennifer Frese countered, during a Thursday video hearing, that her office had not notified prosecutors of the subpoena - as required by law - because of a 'clerical oversight” and not because the defense was 'trying to be tricky.”

It turned out Bankers Trust didn't have any banking records for Tibbetts anyway, leading 8th Judicial District Judge Joel Yates to ask if 'we're really fighting about nothing at this point.”

Assistant Iowa Attorney General Scott Brown said that was correct, but when he filed the motion to quash Frese's subpoena, he didn't know the subpoena had produced nothing.

The issue remains that the defense didn't follow the rules and process to obtain a subpoena, which involves notifying prosecutors and entering it on court records. The defense doesn't understand what that means, he said.

[...]

Prosecution calls subpoena for Mollie Tibbetts’ bank records a ‘fishing expedition’, judge to hear motion to quash Thursday | SiouxlandProud
[...]

Assistant Iowa Attorney General Scott Brown filed a motion saying that prosecutors were unaware of the subpoena until it had been served. In the motion, he said, “On its face, the subpoena appears to be a fishing expedition into the confidential banking records of Mollie Tibbets who is not a witness or party and is the person the defendant is charged with killing.”

According to the motion, Rivera’s defense did not give notice to the state and get court approval and did not enter it into the court’s filing system.

[...]
 
JAN 30, 2021
Mollie Tibbetts case: Defense wants slain student's bank records | weareiowa.com
[...]

Prosecutors in the case of a slain University of Iowa student are calling defense attorneys' subpoenaing of the victim's bank records a “fishing expedition.”

The Gazette reports that defense attorneys for Cristhian Bahena Rivera have subpoenaed Mollie Tibbetts’ bank records. Prosecutors with the Iowa Attorney General's Office have filed a motion objecting.

[...]

Prosecutors object to subpoena of slain student’s records (wowt.com)
[...]

In their filing this week, prosecutors accused defense attorneys of trying to hide the subpoena, noting that prosecutors were not made aware of the subpoena served this month on Bankers Trust in Des Moines until after it was served.

The defense didn’t give notice to the state or enter it in the court’s filing system and didn’t ask or receive approval by the court as required, prosecutors said in the motion.

“On its face, the subpoena appears to be a fishing expedition into the confidential banking records of Mollie Tibbetts, who is not a witness or party and is the person the defendant is charged with killing,” Assistant Iowa Attorney General Scott Brown wrote.

[...]
 
FEB 3, 2021
Judge takes no action in attorneys' dispute over Mollie Tibbetts' non-existent banking records | The Gazette
[...]

The prosecution asked the judge to quash a subpoena for Tibbetts’ bank account at Bankers Trust in Des Moines. They argued the defense didn’t give prosecutors notice and that this type of subpoena isn’t allowed because it isn’t connected to a deposition or trial.

Assistant Iowa Attorney General Scott Brown also asked the court to admonish the attorneys for first-degree murder defendant Cristhian Bahena Rivera. He questioned whether Jennifer and Chad Frese understood the rules.

Eighth Judicial District Judge Joel Yates, in his ruling, found the motion moot because the bank account didn’t exist. The defense revealed that fact during the hearing. Jennifer Frese said the lack of notification was just a “clerical oversight” and the prosecution received the notice after the fact.

“The court declines to issue an admonishment in this situation,” Yates said in the ruling. “However, the court relies upon the statements from counsel and expects the parties to follow our procedural rules.”

[...]

FEB 5, 2021
Challenge of subpoena of Mollie Tibbetts’ bank records moot (kcci.com)
A judge has declined to quash a subpoena seeking the bank records of a slain University of Iowa student and has also rejected prosecutors’ request to admonish the suspect’s defense attorneys who sought them.

[...]

The judge ruled this week that the challenge was moot, as the subpoena had already been served and the bank provided no relevant information in the case, the Des Moines Register reported.

[...]
 
APR 15, 2021
Man Charged with Mollie Tibbetts’ Murder Makes Pretrial Appearance in Court | who13.com
[...]

During the pretrial conference, Thursday morning at the Poweshiek County Courthouse, plans for the trial were outlined. The trial is set to begin at 8:00 a.m. on May 17th at the Scott County Courthouse in Davenport.

Jury selection is expected to take two days with opening statements planned for 9:00 a.m. May 19th. Including jury selection, the proceedings are expected to last 10 days.

[...]

RE Expanded Media Coverage:
No recording in Iowa courtrooms without the Court first granting approval for expanded media coverage.

Docket search for motions filed for this case are by subscription -- free search provides little more than the case number, etc.

https://www.iowacourts.gov/static/media/cms/08_ORDER_In_the_Matter_of_the_Posse_60DCC22B3199D.pdf

Expanded Media - See Chapter 25
https://www.iowacourts.gov/static/media/cms/08_ORDER_In_the_Matter_of_the_Posse_60DCC22B3199D.pdf

Expanded News Media Coverage | Iowa Judicial Branch
 
APR 15, 2021
13Raw: Full Pre-Trial Hearing for Man Charged with Murdering Mollie Tibbetts
 
MAY 5, 2021
Defense, prosecution file motions for court to consider in trial for death of Mollie Tibbetts - The Daily Iowan
[...]

The defense requested four items to be prohibited during the trial. If approved, the state of Iowa would be prohibited from:
  • Telling the jury about the defendant’s prior criminal convictions
  • Allowing officers called as witnesses to give the opinion as to defendant Cristhian Bahena Rivera’s actions appearing “suspicious, strange, or incriminating”
  • Telling the jury allegations against Bahena Rivera’s prior criminal convictions or “bad acts”
  • Using any transcript of any interview played in court
The prosecution requested the court to:
  • Not allow the defense to make statements or arguments to the jury related to the length of punishment
  • Prevent the defense from referencing the administration of polygraph examinations
  • Hold a pretrial for any witnesses called to testify concerning the statement of Bahena Rivera or any other statements being made on behalf of Bahena Rivera
  • Prohibit the defense from using statement regarding comments made on Aug. 20 or 21, 2018
  • Exclude photographs of Bahena Rivera at gathering with young children or his children
[...]
 
MAY 10, 2021
WATCH: What to know ahead of the trial for the accused killer of Mollie Tibbetts (kwwl.com)
The mother of University of Iowa student Mollie Tibbetts wants her daughter remembered for her spirit and compassion.

Laura Calderwood says the memorial fund bearing her daughter's name has more than $145,000 as of Monday afternoon and they've raised even more.

[...]

Last month, the man accused of murdering Tibbetts, Cristhian Bahena Rivera, appeared in court for the first time in more than a year.

The world vastly changing since he first walked into court in August 2018 just weeks after leading investigators to the body of Mollie Tibbetts.

[...]

Court records revealed what Rivera told investigators, that he followed Tibbetts on her run. Eventually, Rivera claims to have run up to Tibbetts. She grabbed her phone and said, "I'm gonna call the police."

[...]

Various legal proceedings and questions delayed the trial for months as his defense attorneys searched for more evidence and looked into if his rights were violated.

Then, there was the question of where to find an impartial jury given pretrial publicity. Officials finally landed on Scott County.

The pandemic delayed justice even further. On Monday, May 17, the trial for Rivera is set to begin in Davenport. Jury selection is expected to take at least two days.
 
MAY 11, 2021
Attendance limited for Bahena Rivera murder trial due to COVID-19 (kcci.com)
[...]

Citing COVID-19 protocols, Judge Joel Yates said in an order dated Monday that members of the public and news media will not be allowed inside the courtroom when the trial of Cristhian Bahena Rivera starts next week. But he acknowledged “intense public” interest in the case and said news outlets can operate remote-controlled video cameras to broadcast the proceedings live on the internet or television.

[...]

Under the Iowa Supreme Court’s COVID-19 rules, those inside courtrooms are supposed to be at least six feet apart from others and wear face coverings. Yates said in his ruling that the limited size of the Scott County courtroom did not leave space for members of the public or news media to attend, with the exception of one pool photographer.

[...]

One exception is jury selection, which will take place at the River Center in Davenport to allow extra space for social distancing. Members of the public and media will be allowed to attend but jury selection cannot be broadcast or covered live under Iowa courtroom media rules. Laptops, cell phones and cameras will not be allowed.

Jury selection is expected to last two days, while the trial could go for 10 more.

Media will also not be allowed inside two remote viewing rooms set up inside the courthouse for family members, and will instead be expected to work from a staging area in the parking lot. Reporters are barred from conducting any interviews inside the courthouse under Yates’ order and cannot contact him or his staff directly.
 
MAY 11, 2021
Judge OKs broadcast, limits attendance at Iowa murder trial - Court TV
[...]

Citing COVID-19 protocols, Judge Joel Yates said in an order dated Monday that members of the public and news media will not be allowed inside the courtroom when the trial of Cristhian Bahena Rivera starts next week. But he acknowledged “intense public” interest in the case and said news outlets can operate remote-controlled video cameras to broadcast the proceedings live on the internet or television.

[...]

Under the Iowa Supreme Court’s COVID-19 rules, those inside courtrooms are supposed to be at least six feet apart from others and wear face coverings. Yates said in his ruling that the limited size of the Scott County courtroom did not leave space for members of the public or news media to attend, with the exception of one pool photographer.

[...]

MAY 13, 2021
Final pre-trial hearing Thursday in Mollie Tibbetts murder case | SiouxlandProud | Sioux City, IA | News, Weather, and Sports
Cristhian Rivera has his final pre-trial hearing in the case Thursday morning. His jury trial begins on Monday in Davenport.

Bahena Rivera trial: Judge holds ruling on evidence in Tibbetts murder
"The judge who will oversee the trial of murder suspect Cristhian Bahena Rivera said Thursday he will reserve judgment on many of the evidentiary issues raised by both the prosecution and the defense."

"Yates said he would grant the polygraph motion "conditionally," excluding results of any polygraph testing but reserving judgment on any statements made during a polygraph test. For the other two matters, he said, he doesn't have enough information yet and will reserve ruling, "understanding that, at some point, we're going to need to address these."

[...]
 
MAY 13, 2021
Mollie Tibbetts case: Meet the key players in Bahena Rivera trial (desmoinesregister.com)
[...]

Mollie Tibbetts
She was born in San Francisco and moved to Iowa with her mother and siblings after her parents separated when she was in the second grade. Teachers and classmates remembered her as kind, dedicated and empathetic even at a young age.

636694937604293335-npWS17bI.jpg


Tibbetts was described by family and friends as "everyone's counselor," with an “infectious laugh and beautiful smile,” who also had a silly and stubborn side. She journaled and wrote poetry.

[...]

Mollie Tibbetts' family
Mollie Tibbetts was close with her family, even after her parents separated. She lived with her two brothers and mother in Iowa from a young age, moving away from California — but she remained close with her father. When Rob Tibbetts got remarried, Mollie was his "best man" in the ceremony.

Her two brothers, Jake and Scott Tibbetts, played leading roles in the community search for her and in honoring her memory afterward.

[...]

Cristhian Bahena Rivera
e1fc56a0-7356-4756-9276-eb9b7533d8fb-1012014479_RIVERA_0092.jpg


Prosecutors say Cristhian Bahena Rivera, now 26, is an immigrant from El Guayabillo, a town of about 400 people, in Guerrero, Mexico. Rivera’s Facebook page said he attended “Preparatoria 35,” a college in Guerrero.

He, however, has many relatives in the Poweshiek County area.

He spent the four years before Tibbetts' death working as a farmhand at Yarrabee Farms in rural Poweshiek County. He gained employment there through a former girlfriend and worked on day-to-day operations with the cows.

[...]

Chad and Jennifer Frese, Bahena Rivera's attorneys
0bfff316-cf38-4a63-a7d9-74c6a7a991f7-FresesEDIT1smallDSC_7083.jpg


Bahena Rivera is represented by the husband-wife team of Chad and Jennifer Frese of Marshaltown.

Both Freses are former prosecutors who now do criminal defense work, among other types of law.

They declined to comment to the Des Moines Register leading up to the trial, citing trial preparations, but in 2019, Chad Frese told the Register he's known members of Bahena Rivera's family for more than two decades, representing some in court and meeting others at church or around the community.

[...]

Bart Klaver and Scott Brown, the prosecutors
7ee52c97-734a-4d85-9dd0-77d953101346-0918_BahenaRivera_15.JPG


The case is being prosecuted by Poweshiek County Attorney Bart Klaver and Assistant Attorney General Scott Brown.

Klaver is a former assistant county attorney who was appointed Poweshiek County attorney in March 2018, a few months before Tibbetts disappeared.

Brown, the assistant attorney general, is a trial specialist who assists local prosecutors in bringing challenging or complex criminal cases. ...

Joel D. Yates, the judge
6a0e7501-c602-4a83-8045-bf23b9d4e0a6-0918_BahenaRivera_11.JPG


Because of the pretrial publicity, the trial was moved several times, eventually landing at the Scott County Courthouse in Davenport. Judge Joel D. Yates will preside.

[...]

Bar Association records show Yates received high marks from attorneys for punctuality and for treating people equally without regard to race or gender. His lowest marks came in courtesy and patience, where he received a score of 3.89 out of 5; and temperament and demeanor, where he received a 3.91.

Des Moines attorney Alfredo Parrish, who has tried a number of high-profile cases around the state, had high praise for Yates, saying he "is probably one of the best judges, in my opinion, in Iowa."

[...]
 
MAY 17, 2021
Rivera trial starts today with jury selection (kwwl.com)
After a number of delays, including for the COVID-19 pandemic, trial begins today for Cristhian Bahena Rivera the man accused of killing Mollie Tibbetts.

[...]

The trial had been at one time scheduled to take place in Sioux City. It was then moved to Davenport due to pre trial publicity.

Jury selection is expected to take at least two days. KWWL will be reporting on the trial as it progresses. You can also watch live coverage on channel 7.4 Court TV.

Rivera Trial: Jury selection expected to last two days (kcci.com)
The Cristhian Bahena Rivera trial begins Monday with jury selection. ...

[...]

"I think it'll come down to the defense, whether they can overcome such a strong evidence of a videotape of the vehicle, some information provided by the defendant himself, which led to the crime scene," Hook said. "That's a huge hurdle."

He said prosecutors will likely hit that evidence hard from the start with the defense trying to plant seeds of doubt.

"I believe there's a report from the (Division of Criminal Investigation) that had blood and fingerprints that were not the victim's and not the defendant's in the trunk of that car. That's the start of a doubt," Hook said. "The other thing you hit hard in this case is there was four people that were looked at by police before they arrested the defendant.”

[...]

KCCI coverage: The Cristhian Bahena Rivera murder trial
[...]

KCCI will provide live coverage of the trial whenever possible on the KCCI Breaking News App, KCCI.com and the KCCI Facebook, YouTube and Twitter pages. KCCI’s Chris Gothner will provide coverage of the trial and will provide live updates on Twitter.

[...]
 
MAY 17, 2021
Fairness issues loom over trial in Iowa student Mollie Tibbetts' slaying | WCTI (wcti12.com)
[...]

Legal experts say ensuring a fair trial for Cristhian Bahena Rivera, the farmhand charged with first-degree murder in the 2018 slaying of 20-year-old Mollie Tibbetts, will be difficult given the extraordinary circumstances of the case.

Rivera's arrest inflamed anger over illegal immigration ahead of the midterm elections, with Trump weighing in to declare Rivera guilty almost immediately and Iowa's governor calling him a predator. ...

[...]

Lawyers outside the case say they are surprised that Judge Joel Yates only expects jury selection to take two days, and that both sides said they would not use an extended written questionnaire to learn more about jurors' views on critical issues.

Prospective jurors who admit to bias against noncitizens or non-English speakers could be disqualified, legal experts say. Trump supporters who remember his descriptions of Rivera as an "illegal alien" who came from Mexico to kill "an incredible, beautiful young woman" also may be blocked from hearing the case, they said.

[...]

"That seems like a really short time for jury selection, given the issues this case raises," said Iowa defense lawyer Dan Vondra, who routinely represents Spanish-speaking clients. "Jury selection is the best way that I have seen to get people to open up and talk about their background. If you limit that dialogue, that's where you run into the risk of having a mistake made."

[...]
 
MAY 17, 2021
Suspect in Mollie Tibbetts’ murder held in Scott County Jail | OurQuadCities
RIVERA.jpg

The suspect who will go on trial for the slaying of 20-year-old Mollie Tibbetts, a University of Iowa student, now is in Scott County Jail.

Cristhian Rivera, 26, was booked into the Scott County Jail at 7:24 p.m. Sunday for “safekeeping,” according to Scott County records. Jury selection continues today at the RiverCenter, downtown Davenport.

[...]

Opening statements in the highly publicized case could begin as early as Wednesday in the trial that is a change of venue from Poweshiek County. ...

[...]

Jury selection begins in trial of Cristian Rivera; experts say it’ll be difficult to ensure fair trial (kwqc.com)
Lawyers for both sides will work to whittle a pool of 175 potential jurors down to 12 and three alternates. The trial is expected to last two weeks.
 
MAY 17, 2021
Cristhian Bahena Rivera trial jury selection underway (kcci.com)
[...]

Sarah Harms, a victim witness coordinator for the Iowa Attorney General's Office, will guide Tibbetts’ family through the trial process.

“I sit down with families beforehand, if they want to see that stuff, and we show it to them ahead of time,” she said. “We don't want the courtroom to be the first time.”

[...]

The pool of 175 was also asked about their knowledge of the case, views on police and whether Bahena Rivera's immigration status or inability to speak English would elicit any bias.

[...]
 
MAY 17, 2021
Potential jurors warned of graphic evidence in Bahena Rivera murder trial (kcrg.com)
Prosecutors warned prospective jurors Monday that the trial of a man charged in the 2018 fatal stabbing of University of Iowa student Mollie Tibbetts will include graphic evidence that will be emotionally difficult to see and hear.

[...]

Prosecutor Scott Brown said the trial will feature testimony about the stab wounds Tibbetts suffered after going for a run. “We’re going to talk about the violent death of a young girl, Mollie Tibbetts,” he said. “It’s not going to be pleasant.”

Brown spoke during jury selection at an events center in Davenport, where lawyers began working to whittle down a 175-person pool to 12 jurors and three alternates. ...

[...]

“This case has a double-edged problem with picking fair and impartial jurors. They can be overcome, but they are problems,” said Drake University law professor Mark Bennett, a former federal judge who doesn’t have a link to the case.

[...]

Underscoring the challenge, 10 of the first 12 potential jurors questioned Monday said they had heard about the case, and five said they had formed opinions about it.

[...]
 
MAY 17, 2021
Mollie Tibbetts case: Jury selection off to slow start in murder trial of Cristhian Rivera | OurQuadCities
[...,]

So far, the process to select jurors in this case has been slow moving: As of 3 p.m., no jurors had been selected at the RiverCenter today.

There were 223 potential jurors who reported this morning. Forty of those were sent to an unrelated case, so there were 183 potential jurors in the pool for the Rivera case, which is a change of venue from Poweshiek County.

[...]

Jury selection begins again at 8 a.m. Tuesday at the RiverCenter.

This slow first day may impact the timeline of the trial and when it was originally planned to hear opening statements.
 

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