Found Deceased IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #47

[Seattle1]

The fact that Rivera worked almost a 12 hour shift shouldn’t come into play IMO. People are alert and capable of functioning after working long shifts. It seems like the defense is pulling at straws. My hope is that all of R’s confession is presented in court.

And this is the point where I wish CR would have kept his civil minded, court appointed defense attorney/team.

I see 2 private attorneys putting up a constitutional law fight for an individual that led authorities to the crime scene after telling investigators that he drove there with MT in the trunk of his car, and that he carried her from the car to that location.

Makes me furious...

 

[rebel123]

At the same time, the confession itself suggests he didn’t understand that the right to remain silent and the right to an attorney were in his best interest at that point. I would hope the questioning and confession were all recorded, that of course would be the easiest way to argue that CR was Mirandized and his confession was voluntary. Without that we’d have a mess.

I don't know if you guys remember, but we all put forward so many questions regarding his statement to the police, it seems at the time that some parts were 'lost in translation' and took some working out.

 

[girlhasnoname]

I don't know if you guys remember, but we all put forward so many questions regarding his statement to the police, it seems at the time that some parts were 'lost in translation' and took some working out.

The only thing that stuck out to me at the time was how CR stated he 'blocked out' his memory in anger and realizing he had her ear buds in his lap, reminded him he had put MT in the trunk.

Is there something more specific you are speaking to?

 

[mickey2942]

Please, do not tell me that his confession will be thrown out, and all evidence will be dismissed.

 

[girlhasnoname]

Please, do not tell me that his confession will be thrown out, and all evidence will be dismissed.

I honestly don't see this happening. I wasn't surprised by the Defense for any of their actions, ie change of venue, motion to suppress interrogation/confession. I consider these standard Defense tactics.

They could possibly be granted a change of venue because of the extreme media coverage in that small area, but I don't believe LE/FBI were not prepared and cognizant of the importance of his language and translation during interrogation. This is my hope anyway.

JMO

 

[rogue ant]

Iowa judge sets September trial for man accused of murdering Mollie Tibbetts

I wonder what this refers to:
"In other court documents, attorneys said the discovery contained the "identifying information" of hundreds of people."

 

[Ragnarok]

Iowa judge sets September trial for man accused of murdering Mollie Tibbetts

I wonder what this refers to:
"In other court documents, attorneys said the discovery contained the "identifying information" of hundreds of people."

Cell phones? Video?

 

[girlhasnoname]

Iowa judge sets September trial for man accused of murdering Mollie Tibbetts

I wonder what this refers to:
"In other court documents, attorneys said the discovery contained the "identifying information" of hundreds of people."

Could it be something to do with all of those postcards that people returned to the court?

More than 200 people have sent postcards to Judge Joel Yates protesting his decision to authorize $5,000 for an investigator to work with Cristhian Bahena Rivera's defense.

The postcards are distributed by the Virginia-based Secure America Alliance. They ask Yates not to "award any more taxpayer money for a deluxe legal defense for an illegal alien."
https://www.desmoinesregister.com/s...-student-murder-postcards-defense/1653167002/

ETA: Link to Article

 

[SharonNeedles]

Iowa judge sets September trial for man accused of murdering Mollie Tibbetts

I wonder what this refers to:
"In other court documents, attorneys said the discovery contained the "identifying information" of hundreds of people."

Wouldn’t it make sense that “the discovery” is an umbrella term for all information handed over to the defense? And I would assume that covered the investigation in it’s entirety which certainly looked at hundreds of people. I guess I don’t see why that’s unusual.

 

[rogue ant]

Wouldn’t it make sense that “the discovery” is an umbrella term for all information handed over to the defense? And I would assume that covered the investigation in it’s entirety which certainly looked at hundreds of people. I guess I don’t see why that’s unusual.

Right, ok, not unusual. So why even mention it the article. No big deal. I was just curious.

 

[MistyWaters]

So the court agreed to pay $3200 stipend for a forensic expert to have a look at the interrogation techniques and analytical investigative methods involved in the original interview. The Asst Attorney General didn’t resist the defence motion for funds “but disagreed with defense’s “characterizations” of why the funds were needed.”

It appears the defence might just be covering all bases, what all defence lawyers are supposed to do.


Judge rules Iowa will pay for expert witness for man accused of killing Mollie Tibbetts
“......The prosecution is not aware of any significant language barrier, he said.

Brown, in the motion, said authorities had a person to interpret for them when they first talked to Rivera at Yarrabee Farm, where Rivera worked as a farm hand, on Aug. 20, and the police officers who conducted the majority of the interview on Aug. 20 and 21, were fluent in Spanish. Spanish is the first language of the primary officer conducting those interviews, he added.

“The defendant never indicated a lack of understanding or any question due to a language barrier at either the farm or the sheriff’s office,” Brown said in the motion...”

 

[Sleuth15]

Some more info on the expert witness fee. Hope this link is OK with Mod's. It is Breitbart.
Illegal Accused of Killing Mollie Tibbetts Granted $3.2K in Taxpayer Money

 

[Niner]

Prosecutors join defense attorneys in calling for trial to be held in different county for man accused of killing Mollie Tibbetts


The trial for the man accused of killing 20-year-old Mollie Tibbetts may be moved to a different county than where the crime allegedly took place.

After Cristhian Bahena Rivera's attorney requested a new location for the high-profile murder trial, the Poweshiek County Attorney and Iowa Attorney General offices responded in a motion filed Monday by saying "a fair and impartial jury cannot reasonably be selected in Poweshiek County."
[.....]
A new site for the trial has not been proposed.

 

[girlhasnoname]

Prosecutors join defense attorneys in calling for trial to be held in different county for man accused of killing Mollie Tibbetts


The trial for the man accused of killing 20-year-old Mollie Tibbetts may be moved to a different county than where the crime allegedly took place.

After Cristhian Bahena Rivera's attorney requested a new location for the high-profile murder trial, the Poweshiek County Attorney and Iowa Attorney General offices responded in a motion filed Monday by saying "a fair and impartial jury cannot reasonably be selected in Poweshiek County."
[.....]
A new site for the trial has not been proposed.

I think that's a smart move of the Prosecutors office, they're clearly not allowing for any appeals. I wonder if they'll move it to a more populated area like Cedar Rapids or Des Moines or maybe somewhere like BlackHawk County? What do you think @SharonNeedles?

 

[SharonNeedles]

I think that's a smart move of the Prosecutors office, they're clearly not allowing for any appeals. I wonder if they'll move it to a more populated area like Cedar Rapids or Des Moines or maybe somewhere like BlackHawk County? What do you think @SharonNeedles?

I think Washington County is the most likely. Washington County has hosted several high profile cases from other more rural counties in SE Iowa. Full disclosure though, I’m not impartial. ;-)

 

[PommyMommy]

Trial for Cristhian Bahena Rivera accused of killing Mollie Tibbetts will be moved out of Poweshiek County
A judge cancelled a hearing Tuesday on moving a trial for the man accused of fatally stabbing Mollie Tibbetts last July because the defense and prosecution agree it should be moved out of Poweshiek County.

[...]

The prosecution also said, in a motion, that a fair and impartial jury cannot be selected in the county based on the nature of the crime, and many prospective jurors likely would have the facts of the case and have “substantial knowledge of the investigation.

“The death of Mollie Tibbetts has touched many of the residents of Poweshiek County and her death has significantly and emotionally affected many of the residents of the county and prospective jurors,” Poweshiek County Attorney Bart Klaver, in the motion, said.

[...]

Eighth Judicial District Joel Yates, in a motion, said the defense and prosecution are in the process of working on a formal consent regarding moving the trial.

Yates will likely talk with lawyers about prospective counties and may set a new trial date.

[...]

 

[girlhasnoname]

I think Washington County is the most likely. Washington County has hosted several high profile cases from other more rural counties in SE Iowa. Full disclosure though, I’m not impartial. ;-)

 

[Niner]

I'm going to post this, so I can now shorten my "description". Getting a bit on the long side.

Wednesday, March 27th:
*Motions Hearing-cancelled! (@ 9:30am CT) – IA – Mollie Cecilia Tibbetts (20) (July 18, 2018, Brooklyn; found Aug. 21, 2018) – *Cristhian Bahena Rivera aka John Budd (24) arrested (8/21/18), charged (8/22/18) & arraigned (9/19/18) with 1st degree murder. Plead not guilty. $5M cash only bond.
ICE logged an immigration detainer on Rivera. Confessed to killing Mollie.
8/22/18 Update: 1st appearance – Defense asks for gag order; files document that CBR is working legally in Iowa; employer offered info that it is not true. Judge denies gag order request. Did not enter plea. Next Prelim Hearing on 8/31, if convicted it would be a life sentence without possibility of parole. No death penalty in Iowa. Magistrate Crookham-Johnson on Wednesday continued to allow cameras in the courtroom. She denied the defense motion for a private hearing saying media coverage of the initial appearance wouldn’t violate Rivera’s right to a fair trial because he wasn’t going to be asked that day to make statements about the facts of the case. After hearing defense files motion for private hearing, on the defense’s request, Crookham also set a schedule for a district court to review a motion to implement a gag order on the case (no date mentioned).
8/31/18 Update: Rivera’s new attorneys have waived his preliminary hearing, which had been scheduled for August 31st. They’ve also filed a motion to withdraw any previous motions filed by Richards while he represented Rivera – that includes a motion for a gag order.
9/15/18 Update: Arraignment set for 9/19. 9/19/18: Plead not guilty. Waives right to a speedy trial. Next Management conference hearing 12/12, pretrial hearing on 4/4/19 & trial to start 4/16/19.
12/6/18 Update: Judge determines that discovery was proceeding & no reason to hold hearing, so it was cancelled, no further dates on court site.
1/15/19: Defense files motion for trial continuance. State has no objection. No date has been set.
2/1/19 Update: Motion for trial continuance granted. Trial has been set for 9/3/19. Trial should last about 6 to 8 days. If convicted will be sentenced to life in prison.
3/1/19 Update: Attorneys for Rivera on Friday filed a motion for change of venue, arguing that existing prejudice in Poweshiek County makes it likely "a fair and impartial trial cannot be preserved with a jury selected from that county". Also a 29-page motion filed Friday by Rivera's attorneys said his Fifth Amendment constitutional rights were violated. The motion claims Rivera was not read his rights before questioning, including his right to have an attorney present & his right to decline to cooperate with officers.
3/7/19 Update: Judge Joel Yates set a half-day hearing March 27 for Rivera to argue for transferring the trial. A daylong hearing was set June 25 (@ 9am) for his motion to suppress.
3/27/19 Update: Both sides agree to Motion for Change of Venue. Hearing was cancelled. Next Motion to Suppress hearing on 6/25.

 

[Dontknow?]

Bahena Rivera trial moved to Woodbury County

Online court filings indicate that 24-year-old Cristhian Bahena Rivera will go to trial on Sept. 3 in Woodbury County. That is the original date of the trial when it was scheduled to take place in Poweshiek County.

Bahena Rivera trial moved to Woodbury County

 

[girlhasnoname]

Bahena Rivera trial moved to Woodbury County

Online court filings indicate that 24-year-old Cristhian Bahena Rivera will go to trial on Sept. 3 in Woodbury County. That is the original date of the trial when it was scheduled to take place in Poweshiek County.

Bahena Rivera trial moved to Woodbury County

Surprised they moved it that far out, Woodbury County is upper Northwest corner of Iowa near Sioux City close to SD line. The population is a little over 102,000.

ETA: Link to Woodbury County Courthouse
Centennial - Woodbury County, Iowa