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

[TL4S]

Is there a link for that please.

That's what CR has as his hometown and current location on his FB page, for whatever it's worth. I know I've seen it in articles, though, too. Hopefully someone will come up with a link.

 

[otto]

This is a different Guayabillo. Your link is in the state of
Michoacán de Ocampo.
CR lived in the Guayabillo that is in the state of Guerrero.

That explains the different perspectives on where he lived!

If he was in Preparatoria 35, it makes sense that he was 16 years old in grade 10. His first lawyer said that he had only completed Middle School, which is grades 7-9. I suppose the truth in that statement is that he "completed" Middle School, and had not "completed" Preparatoria 35. I think the lawyer intentionally understated Rivera's education and intellectual ability.

If he was born in 1997, and 16 years old when he left Mexico, then he arrived in Iowa in 2013 before completing grade 10.

 

[Deleted member 39678]

I don't see how CR can use the fact that he grew up in a poor village as any kind of defense or mitigating factor. JMO

 

[Followfacts]

He communicated onFB with a teacher he knows possibly knew at the school he attended.

 

[MistyWaters]

That's what CR has as his hometown and current location on his FB page, for whatever it's worth. I know I've seen it in articles, though, too. Hopefully someone will come up with a link.

Okay, I’m not a Facebook member. Do you know, had it been verified to be him and can it or has it been pasted here for reference?

The only reference to CRs Facebook I noticed on MSM was this:
Cristhian Rivera Girlfriend Monarrez Knew Mollie Tibbetts | Heavy.com

 

[TL4S]

I don't see how CR can use the fact that he grew up in a poor village as any kind of defense or mitigating factor. JMO

If he had no signs of anger problems and/or blocked memories during his time in Mexico, than I'm curious if his lawyers will try to argue that he was mentally wounded by leaving his home at such a tender age, forced to work and miss school, to live a deceitful life and all the trauma that must come with it. I hope not.

 

[otto]

Is there a link for that please.

There is a link somewhere stating that Rivera's hometown is about 100 miles North of Acapulco.

 

[MistyWaters]

I don't see how CR can use the fact that he grew up in a poor village as any kind of defense or mitigating factor. JMO

I don’t think he can either. But nothing has been officially released about his background and that’s why the speculation

 

[psych2018]

I think the investigator who summarized the many hours of the interview quoted the exact words spoken by the translater. As another WS member posted earlier, there are words that don’t have a precise translation from one language to another.

Before this case came along, I’d have thought blocking one’s memory to be a conscious act, ie not wanting to think about something.

IMO, He can't just say he "blocked" his "memory", which the words would legally be separated on paper due to contextual meaning in different languages, maybe LEO not wanting to have wording interfere with meaning and be thrown out. They will probably look at past records of illness, mental health, past records of violence, the gun photo on FB could be a clue or red flag, and psychological testing. It won't be easy for him. I am sure LEO are doing a full background check on him. That is why defense wants to do the same.

Questions - Has Mollie's date and time of death been made public? She was abducted and missing for more than four weeks. It is an assumption that she died same day she was abducted. He could have held her somewhere for weeks, and placed her where she was found much later in time. News was focusing on the pig farm in Guernsey at that time. Maybe he was trying to pass blame onto the pig farmer. It was stated he worked at another farm in the area when he first came to Iowa. Maybe his earlier job was in the area of Guernsey, which he then would know well how to get around. I hope all the facts come out in the trial.

 

[Deleted member 39678]

If he had no signs of anger problems and/or blocked memories during his time in Mexico, than I'm curious if his lawyers will try to argue that he was mentally wounded by leaving his home at such a tender age, forced to work and miss school, to live a deceitful life and all the trauma that must come with it. I hope not.

Some kind of diminished capacity defense then. Maybe.

In my opinion jury selection is critical in cases like this. If the defense gets a certain jury this may work. JMO

 

[otto]

Some kind of diminished capacity defense then. Maybe.

In my opinion jury selection is critical in cases like this. If the defense gets a certain jury this may work. JMO

Maybe they'll use the Casey Anthony Defense: if no one saw it happen, then it didn't happen. That works with the automatism defense.

The only instance where automatism defense cannot work is if he knew in advance that what he was about to do would trigger a bout of automatism. Had rejection from a woman ever triggered an automatism event in the past?

 

[MistyWaters]

That explains the different perspectives on where he lived!

If he was in Preparatoria 35, it makes sense that he was 16 years old in grade 10. His first lawyer said that he had only completed Middle School, which is grades 7-9. I suppose the truth in that statement is that he "completed" Middle School, and had not "completed" Preparatoria 35. I think the lawyer intentionally understated Rivera's education and intellectual ability.

If he was born in 1997, and 16 years old when he left Mexico, then he arrived in Iowa in 2013 before completing grade 10.

Or at the shorter range of 4 to 7 years ago, if he was born in 1997 he arrived only 4 years ago, when he was hired by Yarabbee Farms.

I’ve heard it said illegal immigrants recycle fraudulent ID amongst friends and relatives when they come and go from their home country and so I’m wondering if that also could be so in this case.

 

[TL4S]

Okay, I’m not a Facebook member. Do you know, had it been verified to be him and can it or has it been pasted here for reference?

The only reference to CRs Facebook I noticed on MSM was this:
Cristhian Rivera Girlfriend Monarrez Knew Mollie Tibbetts | Heavy.com

I looked and it seems you don't have to be a member of FB to see his hometown screen. If you google "Cristhian Bahena Rivera, Guerrero, Mexico facebook", his is the first to pop up. What you can see is the public page, and his hometown is on there. See if that works.

 

[otto]

My impression from reading the arrest warrant is that Automatism is the defense that the suspect intends to pursue : he must have done it because he found the earbuds on his lap, but he has no memory of doing it because his memory was blocked as soon as he felt "mad" at Mollie.

Automatism Defense definitions:

The defense of non-insane automatism, if successfully pleaded, acts as a complete defense absolving the defendant of all criminal liability. It differs from the defence of insane automatism in that there is no power to detain in a mental hospital neither may any other order be made against the defendant.

Automatism is an act done by a person who is not conscious of what s/he is doing. It can be an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what s/he is doing, such as an act done whilst suffering from concussion or while sleep-walking. Absence of volition in respect of the act involved is always a defense to a crime. The defense of automatism also bears on the voluntariness of a defendant's actions.​

online law dictionaries

 

[SteveP]

<modsnipped removed quoted post>

It is strictly my opinion, and my opinion only, but I do not believe that, even if there is a change of venue, that any jury picked in a heartland state like Iowa will let this guy skate on some BS defense that his attorneys conjure up. Florida may be another story. JMO

 

[MistyWaters]

There is a link somewhere stating that Rivera's hometown is about 100 miles North of Acapulco.

In the first few days after the arrest I just recall a lot of confusion in the media. For example there wasn’t even certainty on his name, assumably that part’s figured out by now.

“Editor’s Note: This post has been updated to correct the spelling of the suspect’s name from Christian Bajina Rivera to Cristhian Bahena Rivera.”
Cristhian Bahena Rivera: 5 Fast Facts You Need to Know | Heavy.com

 

[Deleted member 718]

Some kind of diminished capacity defense then. Maybe.

In my opinion jury selection is critical in cases like this. If the defense gets a certain jury this may work. JMO

I can see the attorneys portraying him as Lennie from Of Mice and Men.

 

[Charliegizmo49]

He's been working in Brooklyn for 4 years; it's a small town; he had access to cars; he should know Brooklyn like the back of his hand.

I think he very well could have worked the very field for Yarabee, where he placed Mollies body.

<modsnipped against TOS>

I can make out all but two digits of the Malibu plate.<modsnipped- against TOS>

A thousand thank you s

Charlie

 

[otto]

It is strictly my opinion, and my opinion only, but I do not believe that, even if there is a change of venue, that any jury picked in a heartland state like Iowa will let this guy skate on some BS defense that his attorneys conjure up. Florida may be another story. JMO

Automatism defense is a long shot, but if it works it is a full exoneration.

 

[TL4S]

Early on, it was reported that he arrived in Iowa 4-7 years prior to the murder.

His father said that he immigrated at the age of 16. Assuming he was born in 1997, then he arrived in 2013, shortly after his 16th birthday, and after completing grade 10 in the Preparatoria 35. He and his girlfriend were expecting a baby in 2013, so the timeline still works.

"Investigators in the case to find missing Iowa woman Mollie Tibbetts say a suspect is in custody Tuesday. A complaint and affidavit names 24-year-old Cristhian Bahena Rivera from Poweshiek County, in the charge of Murder in the First Degree. Authorities believe River has lived in rural Poweshiek County for 4-7 years as an undocumented immigrant."​

Man accused of killing Mollie Tibbetts waives preliminary hearing

I'm not sure this is a very reliable method of determining CR's arrival to the US, but his FB posts (public) start in May 2012. In November 2012 he's showing off his new buzz in front of a blue shower curtain and white walls. He is in front of that same shower curtain and white walls in a picture in August 2013, after his announcement about meeting IM. So maybe this puts him here at least in 2012?