Found Deceased IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #45

[rebel123]

The PI could also be looking for the couple of people who fled

They could possibly create some doubt that he had help

It's suspicious; surely they should have stayed to answer questions; regardless of their legal status. We're talking about murder.

 

[kpm]

It's suspicious; surely they should have stayed to answer questions; regardless of their legal status. We're talking about murder.

His attorneys are building a case to get his charges lowered, IMO

 

[TL4S]

snip:

The full facts of the case are not yet known. But given the current information, several criminal-defense attorneys said the defense of diminished responsibility is one avenue for Bahena Rivera's lawyers to consider.

If Bahena Rivera can prove he was not in the right state of mind to form the intent to kill Tibbetts, he could avoid a first-degree murder conviction, which could spare him a mandatory sentence of life in prison without the possibility of parole.

I snipped some from these two posts because I think the topics are related. JMO. As I mentioned yesterday, I wonder if CR's "blocked memory" story serves him both with this case, but also for any other cases that could be tied to him.

Most troubling from my perspective is the seriousness of Rivera s initial foray into the criminal world. Stats reflect that stalking and murder is usually not an initial crime. I still believe there is going to be a lot of petty issues law enforcement will reveal at trial.

If true, there have already been several women come forward to make accusations. I’m my opinion it’s likely to be more.

I do not think this was his first crime, by any means. At the very least I would suspect misdemeanors, but possibly even sexual assaults. We're hearing reports from other women saying he followed them in his car, and if any or all of those reports are proven factual, then maybe that's his MO. Perhaps the roadway and his car are his comfort zones. IDK

There are some details about last summer's rural road sexual assaults that don't necessarily fit with what we know about CR, but the general MO is similar, and with a similar description of vehicle as the Nissan. I haven't seen any description of the suspect. There was another assault reported during that time by a woman who said the man was white, but she later confessed to making it up to get attention, so as far as what I've read, there is no official description to date. Has anyone else found anything on that?

 

[MistyWaters]

I've burned my free bridge with the Des Moines Register. Can anyone give me the gist of the article?

Also, the National Enquirer article on LE incompetence about telling the public to look for a black SUV instead of a black Malibu reads like a confused WS discussion. Total BS, with unwarranted criticism of LE! MOO

Thanks

Here’s more -

It’s quite a lengthy article so I’m only quoting some other highlights.

“Chad Frese, one of Bahena Rivera's lawyers, said the defense team is "leaving all available options open" until they've seen what the evidence in the case shows.

"If the evidence bears out a diminished responsibility defense, we’ll certainly explore it and go that route," he said.”

Iowa law includes other types of defences - general denial, an alibi defense, self-defense or justification. Also the article mentions insanity or intoxication defences. An attorney who’s practised law for 40 years in Iowa says an insanity defence is “almost impossible” to prove there.

Then it goes on to discuss about memory issues (block) and it would be necessary to have proof of prior occurrences and also medical records/diagnosis. Otherwise inability to remember is most commonly caused by drugs. Having medical history is often a difficulty involving illegal immigrants.

“Whatever strategy Bahena Rivera's lawyers pursue, they'll have to deal with the fact his statement about losing his memory has been documented by police and is in the public consciousness.

The attorneys that are representing him can't undo his statement," Sandy said.“

Even if CRs statement to LE is challenged, it’d be difficult for potential jurors in Iowa to forget what they heard.

“....Such a statement also ties the defense's hands if they want the defendant to testify at trial, Feuerhelm said. Criminal defendants are not required to testify and many choose not to.

However, "when someone makes a statement like that he’s pretty much handcuffed himself in trial if he ever anticipated testifying in his own defense," Feuerhelm said. "Because, what’s he going to say now?

"It's a very difficult defense to be successful with," he said of diminished responsibility.

Drahozal said of diminished responsibility arguments, in many cases: "I don't think is very helpful."

It's also a difficult concept for a jury to accept, he said, more so than something like justification, where a defendant can say he was defending himself.

"It’s a little bit counterintuitive for people to say, 'OK, I totally committed this crime, but I shouldn’t be held accountable for it,'" he said...”
Mollie Tibbetts murder suspect says his memory was 'blocked.' Could that aid his defense?

 

[rebel123]

Here’s more -

It’s quite a lengthy article so I’m only quoting some other highlights.

“Chad Frese, one of Bahena Rivera's lawyers, said the defense team is "leaving all available options open" until they've seen what the evidence in the case shows.

"If the evidence bears out a diminished responsibility defense, we’ll certainly explore it and go that route," he said.”

Iowa law includes other types of defences - general denial, an alibi defense, self-defense or justification. Also the article mentions insanity or intoxication defences. An attorney who’s practised law for 40 years in Iowa says an insanity defence is “almost impossible” to prove there.

Then it goes on to discuss about memory issues (block) and it would be necessary to have proof of prior occurrences and also medical records/diagnosis. Otherwise inability to remember is most commonly caused by drugs. Having medical history is often a difficulty involving illegal immigrants.

“Whatever strategy Bahena Rivera's lawyers pursue, they'll have to deal with the fact his statement about losing his memory has been documented by police and is in the public consciousness.

The attorneys that are representing him can't undo his statement," Sandy said.“

Even if CRs statement to LE is challenged, it’d be difficult for potential jurors in Iowa to forget what they heard.

“....Such a statement also ties the defense's hands if they want the defendant to testify at trial, Feuerhelm said. Criminal defendants are not required to testify and many choose not to.

However, "when someone makes a statement like that he’s pretty much handcuffed himself in trial if he ever anticipated testifying in his own defense," Feuerhelm said. "Because, what’s he going to say now?

"It's a very difficult defense to be successful with," he said of diminished responsibility.

Drahozal said of diminished responsibility arguments, in many cases: "I don't think is very helpful."

It's also a difficult concept for a jury to accept, he said, more so than something like justification, where a defendant can say he was defending himself.

"It’s a little bit counterintuitive for people to say, 'OK, I totally committed this crime, but I shouldn’t be held accountable for it,'" he said...”
Mollie Tibbetts murder suspect says his memory was 'blocked.' Could that aid his defense?

He's stuck with 'Diminished Capacity'; that's the story he has to stick with; unless they can get experts to state with reports that it's something else.

 

[Jaykayelle]

I can’t read it either


Thanks to the poster who clipped a portion!

I can't read it either, for other reasons. Just the headline makes me sick to my stomach.

 

[kpm]

IMO, diminished capacity will be hard for them to prove, he inflicted numerous “stab” wounds and hid the body.


"Diminished capacity," on the other hand, merely results in the defendant being convicted of a lesser offense.

The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of reaching the mental state required to commit a particular crime.

In the example of murder and manslaughter, a diminished capacity defense contends that a certain defendant is incapable of intending to cause a death, and therefore must have at most caused such a death recklessly.

Thus, a successful plea of diminished capacity in a murder trial would likely result in the charge being reduced to manslaughter.


Diminished Capacity

 

[Confusion]

The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of reaching the mental state required to commit a particular crime.

They aren't saying he's incapable of committing the crime, they're just saying he's incapable of premeditating it. Without premeditation, he would be guilty of 2nd degree instead of first. MOO

 

[kpm]

They aren't saying he's incapable of committing the crime, they're just saying he's incapable of premeditating it. Without premeditation, he would be guilty of 2nd degree instead of first. MOO

Right, I know, but he basically admitted to being drawn to her that day, circling her, getting out to run with her, that all goes to premeditation, IMO

He had numerous chances to stop

IMO, they will have a hard time proving diminished capacity, plus he has to admit he killed her in order to plead diminished capacity, IRRC.

 

[kpm]

Premeditation

Someone premeditates a crime by considering it before committing it.

Premeditation requires that the defendant think out the act, no matter how quickly—it can be as simple deciding to pick up a hammer that is lying nearby and to use it as a weapon.

Time Required

Time alone doesn’t determine whether a defendant premeditated and deliberated.

All premeditation and deliberation require is the time it takes to form the intent, ponder the crime, and then act.

Defendants can premeditate and deliberate in a matter of minutes, as long as the thought process occurs before the act.

There is no specific formula for determining whether a defendant premeditated and deliberated before acting. Courts and juries will consider the circumstances of each case.


What is premeditated and deliberate conduct?

 

[TL4S]

My question: Is someone with diminished capacity truly capable of closing a body into a trunk and driving for approximately, at least twenty minutes in his diminished state?

 

[kpm]

If we are to believe CR’s story.....

His intent to commit body harm or death was determined the moment MT said she was calling the police.

At that moment CR formed his intent, pondered his options and then acted.

He admitted that the ear buds reminded him she was in the trunk so his blocked memory is sketchy at best, ear buds=person in the truck to him, why?

Because he must have remembered he did something to recall a person is in his trunk.

Moo

 

[kpm]

My question: Is someone with diminished capacity truly capable of closing a body into a trunk and driving for approximately, at least twenty minutes in his diminished state?

I think the diminished state only has to be present at the time of the crime, ie, his blocked memory syndrome.

Moo

 

[Mica]

Court documents for filing of expenses for PI and Financial Affadavit for
Appointment of Counsel.

>>snip

KWWL obtained these court documents in which Rivera claims that he is too poor to pay for this investigation on his own. In an affidavit showing Rivera's application for the court assistance, he states that he has no job, which we know is true following a news conference held last month at Yarrabee Farms where he once worked as a farmhand.

However, where the form asks how much money Rivera made in the last 12 months, it's blank.

Rivera also indicates he's not supporting any other family members and has no assets worth more than $100, including cash on hand, bonds, or collateral. It does state that he has a monthly car payment of nearly three hundred dollars.

Mollie Tibbetts murder suspect requests money for private investigation

 

[kpm]

Court documents for filing of expenses for PI and Financial Affadavit for
Appointment of Counsel.

>>snip

KWWL obtained these court documents in which Rivera claims that he is too poor to pay for this investigation on his own. In an affidavit showing Rivera's application for the court assistance, he states that he has no job, which we know is true following a news conference held last month at Yarrabee Farms where he once worked as a farmhand.

However, where the form asks how much money Rivera made in the last 12 months, it's blank.

Rivera also indicates he's not supporting any other family members and has no assets worth more than $100, including cash on hand, bonds, or collateral. It does state that he has a monthly car payment of nearly three hundred dollars.

Mollie Tibbetts murder suspect requests money for private investigation

It also has a birth year different than what’s on his arrest warrant.

 

[TL4S]

I think the diminished state only has to be present at the time of the crime, ie, his blocked memory syndrome.

Moo

Right, but by his own admission he was in that state continually from 385th Ave. until he came to the intersection near the cornfield.

 

[otto]

Police need to investigate how old he is. He listed 1997 as his birth year. The arrest warrant says 1994.

 

[otto]

It also has a birth year different than what’s on his arrest warrant.

Curious, isn't it. He's now claiming that he entered the country when he was 13 or 14 years old. I doubt that either year is correct.

 

[Mica]

It also has a birth year different than what’s on his arrest warrant.

Yes, the affidavit does have a different birth year. This affidavit was discussed several pages back. But I think we didn’t have an MSM link at the time.

 

[TL4S]

Curious, isn't it. He's now claiming that he entered the country when he was 13 or 14 years old. I doubt that either year is correct.

Didn't his father quote an age in the interview he gave?