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MAY 28, 2021
Bahena Rivera faces life in prison without parole | weareiowa.com
[...]

Bahena Rivera faces a mandatory life sentence with no chance at parole. His sentencing hearing is scheduled for July 15 at the Poweshiek County Courthouse in Montezuma.

[...]

Before the sentencing hearing, a presentence investigation report needs to be completed by the Eighth Judicial District Department of Correctional Services.

That's according to the court order signed by District Court Judge Joel D. Yates.

This report will then be filed with the clerk of court who will make the document available for both the defense and prosecutors to review at least three days before the sentencing hearing.

[...]

According to Iowa Code, any information relevant to sentencing shall be made available by the State, defense and judicial district for the report. The court may consider information from other sources.

[...]

Victim impact statements are part of the presentence investigation, but it's not yet known if the statements will be read aloud in court or not on July 15.

The county attorney will also prepare a statement of pecuniary damages to victims, also known as restitution. This is another part of the presentence investigation.

Iowa Code says restitution for first-degree murder is at least $150,000.

[...]

Case No. 08791 FECR010822

ORDER RE: JURY VERDICT,PRESENTENCE INVESTIGATION,and SETTING SENTENCING

May 28, 2021 Court Order RE: Cristhian Bahena Rivera | Criminal Procedure | Crime & Violence (scribd.com)
 
MAY 28, 2021
ATTORNEY REACTION: Bahena Rivera found guilty in Tibbetts' death (kttc.com)
[...]

"This is the verdict we wanted," Poweshiek County Attorney Bart Klaver said following the verdict. "It was the verdict the evidence demanded. Great for all parties. Justice is served."

The prosecution attorneys credit their win to three core elements. The first, was the surveillance video where Bahena Rivera was found driving within seconds of Tibbett's jogging. Second, the defendant confession and lastly, the DNA evidence found in Bahena Rivera's trunk.

[...]

Additionally, Bahena Rivera's story changed when he took the stand Wednesday. While what he said surprised the state, prosecutor Scott Brown says it didn't hurt the state's case.

"I think it ended up helping us," Brown said. "He told us something totally new, I can't imagine that it helped him that much."

[...]

"The very first day we met Mr. Bahena, the story he put forth on the stand was exactly the version of events he told us August 2018," defense attorney Chad Frese said. "He never varied. Not one detail. We had to get something up there and we thought the jury needed to hear directly from him."

Frese adds that he didn't do much coaching with Bahena Rivera before his testimony, as they wanted him to sound authentic.

"Apparently there was speculation that we were like, let's figure out a story," defense attorney Jennifer Frese said. "If we were going to make something up, we were going to come up with something better than that."

Chad says finding the two individuals Bahena Rivera claims killed Tibbets would be like "trying to prove Santa Claus doesn't exist"-- and that's the reasoning their case was built targeting others, like Tibbett's boyfriend.

[...]

After the verdict was read, state prosecutors representing the Tibbetts' family spent a few emotional moments together.

[...]
 
MAY 31, 2021
Juror in Bahena Rivera murder trial reacts to verdict, describes case as 'emotional' (kcci.com)
[...]

KCRG spoke with the jury foreman for the trial, RR from Davenport, who described the two-week process of being a juror in the high-profile case as intense and emotional.

[...]

”I hadn’t heard anything about that story until that moment. We got a notebook, so we can take notes and I filled up, gosh, probably, six to 10 pages of notes just on that. I want to make sure that every detail because I didn’t want to miss anything on that,” Reed said.

He said there were some pieces of evidence he would have liked to see as a juror.

”If we would’ve seen, obviously, the murder weapon. If we would’ve known, did she pass away on the side of the road, or was it when she was in the cornfield? There’s a lot of things we wish we would’ve known, but that’s just how things went,” he said.

Still, Reed feels confident in the jury’s decision. He says the near eight hours the jury took to deliberate were used to go over every part of the trial.

“We wanted to make sure that we were all, that there was no doubt at the end of the day, and then we all felt we were comfortable with the decision and doing the right thing,” Reed said.
 
JUL 12, 2021
Court documents: Inmate allegedly admits to Mollie Tibbetts’ murder after Bahena Rivera conviction (kcci.com)
Attorneys for Cristhian Bahena Rivera announced Monday that they will request a new trial after someone admitted to killing Mollie Tibbetts.

[...]

Court documents said one inmate housed in a county jail heard from another inmate that he killed Mollie Tibbetts.

That inmate allegedly said Tibbetts was kidnapped for sex trafficking and bound and gagged in a trap house but that he was directed to kill Tibbetts once the search for her got too close.

The man allegedly told the inmate that he was directed by the sex trafficker in charge to stab Tibbetts and dump her body near a Hispanic male to make it look like the Hispanic male committed the crime.

[...]

On Monday, a judge ruled that a Mount Pleasant inmate Arne Maki can be transported to Poweshiek County court on Thursday when the sentencing is taking place.

It is unclear if Maki is the inmate who came forward.

[...]
 
PommyMommy said:
MAY 28, 2021
ATTORNEY REACTION: Bahena Rivera found guilty in Tibbetts' death (kttc.com)
[...]

"This is the verdict we wanted," Poweshiek County Attorney Bart Klaver said following the verdict. "It was the verdict the evidence demanded. Great for all parties. Justice is served."

The prosecution attorneys credit their win to three core elements. The first, was the surveillance video where Bahena Rivera was found driving within seconds of Tibbett's jogging. Second, the defendant confession and lastly, the DNA evidence found in Bahena Rivera's trunk.

[...]

Additionally, Bahena Rivera's story changed when he took the stand Wednesday. While what he said surprised the state, prosecutor Scott Brown says it didn't hurt the state's case.

"I think it ended up helping us," Brown said. "He told us something totally new, I can't imagine that it helped him that much."

[...]

"The very first day we met Mr. Bahena, the story he put forth on the stand was exactly the version of events he told us August 2018," defense attorney Chad Frese said. "He never varied. Not one detail. We had to get something up there and we thought the jury needed to hear directly from him."

Frese adds that he didn't do much coaching with Bahena Rivera before his testimony, as they wanted him to sound authentic.

"Apparently there was speculation that we were like, let's figure out a story," defense attorney Jennifer Frese said. "If we were going to make something up, we were going to come up with something better than that."

Chad says finding the two individuals Bahena Rivera claims killed Tibbets would be like "trying to prove Santa Claus doesn't exist"-- and that's the reasoning their case was built targeting others, like Tibbett's boyfriend.

[...]

After the verdict was read, state prosecutors representing the Tibbetts' family spent a few emotional moments together.

[...]
Click to expand...

Excellent sum-up, @PommyMommy. It's all there, in black & white.
 
JUL 12, 2021
Cristhian Bahena Rivera to be sentenced Thursday for murder of Mollie Tibbetts (kwwl.com)
[...]

Cristhian Bahena Rivera, whose trial ended in May, will be sentenced to life in prison without parole. This is Iowa's mandatory sentence for First Degree Murder.

The sentencing is set for 9:30 a.m. on Thursday and KWWL will provide a live stream on our Facebook page and website. Some victim impact statements are expected but it remains unknown if the defendant will offer a statement.

[...]

While the trial was in Davenport, the sentencing will take place in Montezuma.

[...]
 
JUL 12, 2021
Court docs: Inmate admitted to killing Mollie Tibbetts, framing "Hispanic male"
[...]

Poweshiek County Sheriff's Office interviewed Inmate 1 shortly after [Bahena's] testimony, telling them that while in the Poweshiek County Jail, Inmate 2 described in detail staying in a "trap house" owned by a 50-year-old man "involved in the sex trafficking trade."

Inmate 2 reportedly said he saw Mollie Tibbetts "bound and gagged" and later admitted to carrying out a plan by the 50-year-old man to kill Tibbetts and "dump her body near a Hispanic male in order to make it appear that the Hispanic male committed the crime."

Inmate 1 said when he first heard the story, he thought the man was exaggerating - but reported it to authorities after he saw the news of Bahena Rivera's testimony claiming he was kidnapped and framed for her murder. Inmate 1 also told investigators he believed Tibbetts was going to be sex trafficked but the major publicity of her disappearance changed those plans. He says a second person with Inmate 2 did not know English very well and knew "someone local to pin it on."

A second report cited in court documents from a separate, unnamed person claiming a man admitted that "the Mexican shouldn't be in jail for killing Mollie Tibbetts" because he had assaulted and killed her.

That individual reportedly held a gun to his/her head when admitted to killing Tibbetts and was arrested.

That person was later identified to be the same person as "Inmate 2."

[...]

The defense claims in a motion for a new trial that these two instances would have made a difference in the verdict. They also admitted while every bit of the new fact did not match Bahena Rivera's account, enough of the facts do fit to question whether the state would have been able to prove their case beyond a reasonable doubt.

[...]
 
JUL 12, 2021
Court papers: Inmate admits killing Tibbetts
[...]

The motion asserts that two different people who do not know each other told law enforcement in two different cities that the same person — who is not named in the motion — was involved in the killing.

[...]

This second inmate — called Inmate 2 in the court papers — detailed “that he and another individual whom he identifies by name, were staying in a ‘trap house’ owned by an approximately 50-year-old male involved in the sex trafficking trade. Inmate 2 discussed his relationship with this approximately 50-year-old male and then stated that on one occasion he went to a second ‘trap house’ owned by the male. Inmate 2 then advised the inmate that at the second trap house he and the second individual saw Mollie Tibbetts bound and gagged.”

[...]

In a separate episode, the motion states, a different person told the Poweshiek County Sheriff’s Office of an encounter with an man who had pulled a gun on the individual. The person told authorities the gunman had stated “that Mexican shouldn’t be in jail for killing Mollie Tibbetts because I raped her and killed her.’”

Authorities said this person was “very emotional” and “likely under the influence.” However, the defense lawyers said this person named the same person as did the inmate as the person responsible for Tibbetts’ murder.

Though the defense motion did not name any of the potential new witnesses, a separate motion in the same case asks that a Mount Pleasant Correctional Institution prisoner named Arne Maki be brought to court.

[...]

A judge granted the request, ordering Maki to be transported to a hearing Thursday, the same day as the scheduled sentencing. Court records show a man named Arne Maki of Keokuk County reached a plea deal in a domestic violence case in October and was sentenced to two years in prison.

State prosecutors said they learned about the alleged confession during the trial and do not believe it is credible.

The Iowa Division of Criminal Investigation said the confession is not credible and they firmly believe Bahena Rivera is solely responsible for Tibbetts’ death.
 
Angenette Levy on Twitter
READ HERE: Cristhian Bahena Rivera, convicted in May of murdering Mollie Tibbetts, says 2 separate inmates have come forward with corroborating stories that two other men killed Tibbetts. Motion for new trial here
Defendants Motion for New Trial FECR010822.pdf (dropbox.com)
[URL='https://twitter.com/LawCrimeNetwork']@LawCrimeNetwork
7:41 PM · Jul 12, 2021
[/URL]
JUL 12, 2021
Two reports identify potential new suspect in murder of Mollie Tibbetts - The Daily Iowan
[...]

The inmate in question was interviewed for 20 minutes on May 26 at 1:15 p.m. This same date, the defense began calling its first witnesses to build its case. Bahena Rivera had not yet testified.

While in a jail in or near Poweshiek County, the inmate said his cellmate, referred to as “inmate 2” in court documents, told him that he and another individual were in a “trap house” owned by an around 50-year-old man who was involved in the sex trafficking trade.

Both inmate and inmate 2 have been identified as male, according to court documents. It is unclear the ages of both men at this time. Inmate 2 told the inmate the individual traveling with him did not speak English very well.

[...]

Inmate 2 said the individual traveling with him knew a Hispanic man to pin the abduction and murder on. The inmate said he initially believed the story to be exaggerated, but after hearing Bahena Rivera’s testimony on TV, the stories were so similar that he decided to come forward.

[...]
 
JUL 13, 2021
New information jolts case in Iowa college student’s slaying (wowt.com)
[...]

Jurors agreed, convicting Cristhian Bahena Rivera of first-degree murder in the July 2018 stabbing death of 20-year-old Mollie Tibbetts in one of the state’s most high-profile cases in years.

But to two listeners outside the courtroom, Bahena Rivera’s shocking story rang at least partially true. They separately came forward recounting conversations in which another man bragged about his role in killing Tibbetts and blaming the crime on a Hispanic man.

Both witnesses are unknown to each other, yet independently identified the same suspect to authorities after Bahena Rivera testified in his own defense May 26, his lawyers revealed in seeking a new trial for the 27-year-old Mexican national who came to the U.S. illegally as a teenager.

The identity of the man implicated by the two witnesses hasn’t been revealed. But Judge Joel Yates granted a defense motion for one of them — an inmate at an Iowa prison — to testify at Bahena Rivera’s sentencing hearing Thursday at the Poweshiek County Courthouse in Montezuma, which is in central Iowa about halfway between Des Moines and Iowa City.

[...]
 
JUL 13, 2021
Inmate Claims He Knows Who Really Killed Mollie Tibbetts — And It's Not Cristhian Bahena Rivera

Attorneys for convicted murderer Cristhian Bahena Rivera are asking for a new trial in the murder of Iowa college student Mollie Tibbettsbecause both a prison inmate and a second source claim another person is Tibbetts’ true killer.

According to court documents, an inmate housed by the Iowa Department of Corrections came forward on May 26, 2021 — first to a prison chaplain, then to an associate warden and another corrections officer — to claim he had information about the Tibbetts murder. This first inmate said another inmate, identified in a defense document only as “Inmate 2,” had given him information about Tibbetts’ death while they were both incarcerated in Poweshiek County, Iowa, where Tibbetts was killed.

In a separate court filing, Arne Maki, who appears to be the inmate who conveyed the story of Inmate 2, has been ordered to appear on Thursday in a hearing surrounding the newly discovered information. District court judge Joel D. Yates ordered Maki to be produced at the courthouse for that hearing.

The broader story goes that Inmate 2 told the first inmate — presumably Maki — that he saw Tibbetts in a “trap house” used for sex trafficking. Tibbetts was allegedly “bound and gagged” therein; however, when news of her disappearance spread far and wide, the alleged sex traffickers killed her and found someone to pin it on — presumably Rivera.
 
@ShannonMoudyTV
BREAKING: Cristhian Bahena Rivera will not be sentenced Thursday as previously scheduled. The defense is asking for a new trial after filing new documents. Judge will hear these new arguments tomorrow. Stick with
@iowasnewsnow as we dig into these developments. #CBRtrial

JUL 14, 2021
Bahena Rivera sentencing delayed, motion connects Xavior Harrelson case
The inmate reported that another inmate, that documents refer to as Inmate 2, said he was staying in a “trap house” owned by a 50-year-old man involved in the sex trafficking trade. Inmate 2 admitted he saw Mollie Tibbetts bound and gagged at a second trap house that he had gone to.

Attorneys for Cristhian Bahena Rivera request hearing delay
[...]

According to court documents filed Tuesday, a search warrant obtained by the defense “corroborates the ‘trap house’ account” made by the inmate.

The defense said the search warrant it received focuses on a sex trafficking ring allegedly operated by 50-year-old James Manuel Lowe out of New Sharon in 2018.

The defense went on to report a connection between Lowe and the mother of missing Montezuma boy Xavior Harrelson.

According to court documents, Lowe and Sarah Harrelson had a relationship and lived together before being evicted in 2018.
 
JUL 14, 2021
Sentencing of Mollie Tibbetts' convicted killer delayed after bombshell by defense - ABC News
A judge has delayed the sentencing of a man convicted of murdering University of Iowa student Mollie Tibbetts after defense attorneys filed court documents accusing prosecutors of failing to disclose that police were investigating a sex trafficking "trap house" involving a man linked to a missing 11-year-old boy.

Instead of sentencing Cristhian Bahena Rivera, who was expected to receive life in prison without the possibility of parole, Judge Joel Yates will hold a hearing on Thursday on a defense motion to set aside the verdict and schedule a new trial.

[...]

Judge delays sentencing after twists in Mollie Tibbett's killing
Defense lawyers Chad and Jennifer Frese requested a new trial last week, saying two witnesses recently came forward independently of one another to partially support Bahena Rivera's testimony. The witnesses told investigators that a 21-year-old man with a history of violence against women had claimed responsibility for killing Tibbetts.

One of the witnesses said the man told him while they were at a county jail that Tibbetts had been kidnapped and brought to a local “trap house” used for sex trafficking before she was killed, according to Bahena Rivera's lawyers.

The man told the witness that the house was owned by a 50-year-old who was running the trafficking ring and decided to have Tibbetts killed after the publicity surrounding her disappearance got too big. The man allegedly said he and an associate followed through with a plan devised by the 50-year-old to stab Tibbetts and frame a Hispanic man for the death.

[..]

The Freses said they learned Tuesday about a criminal investigation that centered on a 50-year-old man who allegedly met one of his sex trafficking victims in May 2018 at a gas station in Brooklyn, Tibbetts' hometown of 1,700 people that is roughly 50 miles west of Iowa City.

The woman told investigators that the man lured her to a house in the nearby town of New Sharon, where she was repeatedly drugged, raped, and held against her will until August 2018. The woman said she sometimes would hear other women's voices in the home.

Law enforcement officials used the information to obtain a warrant to search the home days after they interviewed her in March 2019, but it had already been vacated by the 50-year-old man. They did not charge him with any crimes, and Mahaska County's sheriff said recently the kidnapping and sex trafficking allegations were never substantiated.

[..]

The defense noted the 50-year-old man is the former live-in boyfriend of Xavior's mother and that the two maintained a friendly relationship. Investigators searching for Xavior began looking for the man almost immediately and arrested him on an unrelated outstanding warrant in another county the day after the boy was reported missing. He has not been charged with any crimes related to the disappearance.
 
JUL 15, 2021
Judge considers new evidence in Mollie Tibbetts case (kcrg.com)
Court filings show the defense believes an inmate, Gavin Jones, actually killed Mollie Tibbetts.

Rivera sentencing delayed as defense requests new trial, prosecution resists

The inmate, Arne Maki, said in November 2020, Gavin Jones – referred to “inmate 2” in previous court documents – confessed that he and another individual were involved in killing Tibbetts after seeing her bound and gagged in a “trap house” they were staying at. Maki and Jones were being held in Keokuk County Jail.

Four hours after the inmate’s interview on May 26, Lyndsey Voss came forward to present corroborating evidence that other individuals were involved in Tibbetts’ death, stating Jones told her that he had raped and killed Tibbetts.
 
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