This article talks more about her.I wonder who the 2nd person to come forward is.
Edited until I can find the link.
You didn't "misread" that.... I have it in my notes - just copied it from the article....
edited to add -
The second new witness came forward to a local sheriff’s office, claiming she was in a car with the same man (Inmate #2) a month earlier when he pulled a pistol & said, “that Mexican shouldn’t be in jail for killing Mollie Tibbett's because I raped her & killed her."
Thank you! I've read so many articles that I sure didn't want to go back and re-read them.
Is “stalling tactic” even a thing in Iowa? The only sentence for first degree murder is life without the possibility of parole. Whether that comes tomorrow, next month, next year or ten years from now doesn’t really matter.If someone/anyone with a background in law want to chime in and give their opinion? In another life I probably would have made a great lawyer(love debating and thinking out of the box)….I didn’t go that route though so I don’t have any expertise on the subject. Having said that….I can’t imagine this holds much legal ground. Stalling tactic, sure. How many other crimes has some nut come forward and confessed to when they had nothing to do with it? I can think of everything from the Ramsey Case to 9/11. It’s just some guy that wants attention. Nothing more, nothing less. The DNA(in the car), cell phone pings, video evidence still points to CBR and only CBR. The judicial system as I understand it has the duty to look into this? Will it hold any weight? Extremely doubtful. I’m just posing they can’t actually have a shot at a retrial? Not over this? My reaction is you’ve got to be kidding me. Followed by the minor swear that starts with D.
We will get more information presumably from the hearing. Clearly that is what the judge is doing here, just trying to get info to then decide if he should delay sentencing any further, etc. There are procedural issues at play here regarding timing. The motion for new trial has to be done before an appeal is filed, otherwise the trial court no longer has jurisdiction of the case. So that is part of why we are seeing this now. The judge will want to know more about what these alleged witnesses have to say but ultimately I think he just going to want to discuss timelines for the motion for new trial vs sentencing. I don't really understand the order for the witness to appear tomorrow, so that will be interesting to see what happens. This is no longer sentencing but now almost a status conference and testimony is typically is not taken or allowed then. This smells a bit like grandstanding to me, but we will see.If someone/anyone with a background in law want to chime in and give their opinion? In another life I would have made a great lawyer(love debating and thinking out of the box)….I didn’t go that route though so I don’t have any expertise on the subject. Having said that….I can’t imagine this holds much legal ground. Stalling tactic, sure. How many other crimes has some nut come forward and confessed to when they had nothing to do with it? I can think of everything from the Ramsey Case to 9/11. It’s just some guy that wants attention. Nothing more, nothing less. The DNA(in the car), cell phone pings, video evidence still points to CBR and only CBR. The judicial system as I understand it has the duty to look into this? Will it hold any weight? Extremely doubtful. I’m just posing they can’t actually have a shot at a retrial? Not over this? My reaction is you’ve got to be kidding me. Followed by the minor swear that starts with D.
If someone/anyone with a background in law want to chime in and give their opinion? In another life I probably would have made a great lawyer(love debating and thinking out of the box)….I didn’t go that route though so I don’t have any expertise on the subject. Having said that….I can’t imagine this holds much legal ground. Stalling tactic, sure. How many other crimes has some nut come forward and confessed to when they had nothing to do with it? I can think of everything from the Ramsey Case to 9/11. It’s just some guy that wants attention. Nothing more, nothing less. The DNA(in the car), cell phone pings, video evidence still points to CBR and only CBR. The judicial system as I understand it has the duty to look into this? Will it hold any weight? Extremely doubtful. I’m just posing they can’t actually have a shot at a retrial? Not over this? My reaction is you’ve got to be kidding me. Followed by the minor swear that starts with D.
It is in a way. This is about Criminal Procedure timelines. Motion for New Trial, Notice of Appeal, these all have timing requirements.Is “stalling tactic” even a thing in Iowa? The only sentence for first degree murder is life without the possibility of parole. Whether that comes tomorrow, next month, next year or ten years from now doesn’t really matter.
CBR initially told police that he drove the corn field alone, took her out of the trunk and carried her into the field. This was within minutes of abducting her. At trial he changed this to say 2 men forced him to drive while they abducted Mollie off the road, forced him to drive to the field and left, he then carried her into the corn field. Again, within minutes of her murder. In both stories he says he covered her body in corn stalks, which is how she was found, exactly where he said he left her. So CBR's own accounts both have her dead within minutes of her abduction with him leaving her in the corn field. CBR has never denied that he drove her to the cornfield or that he carried her into the cornfield. That does not seem to line up with this witness that claims Mollie was held and raped at a trap house somewhere and only killed when LE began to get close.Keeping an open mind in thinking where the defense could go with this, IMO, there are pieces of evidence that could be disputed to fit into this new story.
- At trial, it was testified to that LE does not know when or where Mollie was killed. There was no evidence presented, iirc, to confirm she did, in fact, die on the day of her abduction.
- Her cell phone data shows the abduction only, but the search area mapped by cell phone tower triangulation did not include the cornfield, so it's possible the phone was discarded (or shut off) somewhere along the way. That leaves it open to where the car went from there. I've attached a map of the route between 385th Ave. and New Sharon, IA, where we know there was a sex-trafficking "trap house." This route is the same route the cell phone took.
So the only evidence that is indisputable, IMO, is the video footage of the black Malibu circling and following Mollie. Now, could CBR have been telling the truth during testimony? Was he a lookout? Could he have abducted her and delivered her to the "trap house"? Could someone else have had access to his Malibu? Any of which was followed by him then being known the group and chosen to pin the murder on? None of the stories we've heard so far, either from CBR or these new people, have completely matched, but I would wager CBR will always claim his family was threatened and that's why he didn't tell on anyone, especially if he was voluntarily involved. JMO
- Inmate 2 claims they were going to pin it on "a Hispanic man" and the one who "didn't speak English very well" said he knew a guy. This is presumably CBR, which puts her blood in his trunk. But again, we can't say for sure what day that occurred.
Keeping an open mind in thinking where the defense could go with this, IMO, there are pieces of evidence that could be disputed to fit into this new story.
- At trial, it was testified to that LE does not know when or where Mollie was killed. There was no evidence presented, iirc, to confirm she did, in fact, die on the day of her abduction.
So the only evidence that is indisputable, IMO, is the video footage of the black Malibu circling and following Mollie. Now, could CBR have been telling the truth during testimony? Was he a lookout? Could he have abducted her and delivered her to the "trap house"? Could someone else have had access to his Malibu? Any of which was followed by him then being known the group and chosen to pin the murder on? None of the stories we've heard so far, either from CBR or these new people, have completely matched, but I would wager CBR will always claim his family was threatened and that's why he didn't tell on anyone, especially if he was voluntarily involved. JMO
- Her cell phone data shows the abduction only, but the search area mapped by cell phone tower triangulation did not include the cornfield, so it's possible the phone was discarded (or shut off) somewhere along the way. That leaves it open to where the car went from there. I've attached a map of the route between 385th Ave. and New Sharon, IA, where we know there was a sex-trafficking "trap house." This route is the same route the cell phone took.
- Inmate 2 claims they were going to pin it on "a Hispanic man" and the one who "didn't speak English very well" said he knew a guy. This is presumably CBR, which puts her blood in his trunk. But again, we can't say for sure what day that occurred.
And the story the 2 men tell is that she was 'bound and gagged inn their trap house' BEFORE they decided to find a patsy as a scapegoat.CBR initially told police that he drove the corn field alone, took her out of the trunk and carried her into the field. This was within minutes of abducting her. At trial he changed this to say 2 men forced him to drive while they abducted Mollie off the road, forced him to drive to the field and left, he then carried her into the corn field. Again, within minutes of her murder. In both stories he says he covered her body in corn stalks, which is how she was found, exactly where he said he left her. So CBR's own accounts both have her dead within minutes of her abduction with him leaving her in the corn field. CBR has never denied that he drove her to the cornfield or that he carried her into the cornfield. That does not seem to line up with this witness that claims Mollie was held and raped at a trap house somewhere and only killed when LE began to get close.
CBR initially told police that he drove the corn field alone, took her out of the trunk and carried her into the field. This was within minutes of abducting her. At trial he changed this to say 2 men forced him to drive while they abducted Mollie off the road, forced him to drive to the field and left, he then carried her into the corn field. Again, within minutes of her murder. In both stories he says he covered her body in corn stalks, which is how she was found, exactly where he said he left her. So CBR's own accounts both have her dead within minutes of her abduction with him leaving her in the corn field. CBR has never denied that he drove her to the cornfield or that he carried her into the cornfield. That does not seem to line up with this witness that claims Mollie was held and raped at a trap house somewhere and only killed when LE began to get close.