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

[gregjrichards]

I’m so sorry I forgot to post on the first anniversary of Mollie’s passing I hope Mollie Rests In Peace and justice is done. My thoughts and prayers continue to be with Mollie’s loved ones.

 

[Seattle1]

Three hundred and sixty-five days ago, University of Iowa rising sophomore Mollie Tibbetts, 20, went for a run in Brooklyn, Iowa, and never returned.

Her body was found 34 days later in a cornfield south of Guernsey. An undocumented immigrant who had lived and worked in the area for years, Cristhian Bahena Rivera, 25, was charged with her murder and is set for trial in November.

Though a year has gone by, Poweshiek County Sheriff Tom Kriegel said remembrances of what happened to Tibbetts remain fresh for Brooklyn residents.

“I don’t think it is something that this community will ever completely recover from,” Kriegel said. “Brooklyn is a tight-knit community where everyone knows everyone. And to have something like that happen here, it’s shocking.”

During the search for Tibbetts and in the months following the discovery of her body, Kriegel said he noticed significant changes in the community.

“People are more aware of safety issues, and typically walkers and runners are going out in pairs or groups,” he said.

Residents also have become more vigilant in monitoring neighborhood activity and alerting authorities to anything that seems wrong.

[...]

“I’d say people are more suspicious now,” he said. “They are more alert and a lot more cautious, and if they see anything that it unusual or off, they’re picking up the phone to let us know.”

Shortly after Tibbetts’ body was found, Kriegel said Brooklyn residents teamed up to form Brooklyn Neighborhood Watch. The group, which was founded Aug. 18, 2018, by Brooklyn resident Scott Hawkins and some friends, maintains an active presence in the town’s neighborhoods.

Hawkins told media outlets the friends decided to form the group because the small town does not have a constant police presence.

[...]

In the wake of Tibbetts’ death, Kriegel said he feels a fresh sense of urgency among his deputies to respond to calls with every tool they have — especially calls that involve children and missing people.

“We were all hurt and affected by Mollie’s death,” he said. “We wish we could have intervened and stopped it somehow. And I think it’s that memory that drives us to be even more proactive, to keep an even closer eye on our communities, and to react with more of a sense of urgency. We don’t take anything lightly. Instead we respond with every resource we have no matter what the situation.”

[...]

Tibbetts’ family — Calderwood, her father, Rob Tibbetts, and her brothers Jake and Scott Tibbetts — declined to be interviewed for this article. But in a voicemail left Tuesday, Rob Tibbetts said he hopes his daughter will be remembered for who she was, and not how she died.

A year after Mollie Tibbetts tragedy, a community changes

 

[MntnHiker]

Returning home from a road trip out West this past Sunday, we drove by the Brooklyn exit in Iowa and it made me think of Mollie. RIP <3

 

[PommyMommy]

JUL 25, 2019
State paid more than $12k in interpreter fees for Cristhian Bahena Rivera, report says
[...]

According to Des Moines station KCCI, $12,485 has been paid out to a Missouri interpreter for about 227 hours of work necessary for Cristhian Bahena Rivera's defense.

[...]

Rivera's trial is set for Nov. 12 in Woodbury County where this is a larger Spanish-speaking population. He faces life in prison.

Court documents: state paid more than $12k in interpreter fees for man accused of killing Mollie Tibbetts
[...]

...The Missouri interpreter assigned to Rivera's defense is paid at a rate of $55 per hour.

[...]

 

[SharonNeedles]

$55/hr? Good lord, why did I drop Spanish class?

 

[gregjrichards]

When is he next in court?

 

[Seattle1]

When is he next in court?

Suppression hearing 8/23/19 and Trial start 11/12/19

JUN 21, 2019
Rivera trial continued until November
[...]

The trial was originally set for September 3. The order for continuance contains a motion for a suppression hearing on August 23, where a judge will determine what can and cannot be permitted at trial.

It also delays Rivera’s trial until November 12.

Trial for Murder of Mollie Tibbetts Delayed Again
[...]

Cristhian Rivera’s jury trial is now set to begin Nov. 12 in Woodbury County. He asked for more time to prepare for a suppression hearing, which is now set to be held Aug, 23 in Montezuma.

Rivera’s attorneys want the judge to dismiss evidence, including the discovery of Tibbetts’ blood, found during a search of his car because he claims police didn’t read him his Miranda rights.

 

[Gardenista]

Attorneys for Cristhian Rivera Ask Again for Police Confession Be Suppressed

 

[katydid23]

"Attorneys Chad and Jennifer Frese argue in a Supplemental Motion to Suppress filed this week that Rivera was not advised of his full rights before the interview. They also argue that Rivera should have been read his rights in his native Spanish, not in English. Attorneys also say that Rivera admitted to being sleep-deprived before the interview and police shouldn't have conducted the interview.

A hearing on the Motion to Suppress is scheduled for August 23rd in Woodbury County where the trial has been moved."


So, if police are investigating the disappearance of a co-ed jogger, and the potential suspect says he is tired, the police have to let him go home and take a nap, instead of being questioned about her whereabouts?

 

[PommyMommy]

"Attorneys Chad and Jennifer Frese argue in a Supplemental Motion to Suppress filed this week that Rivera was not advised of his full rights before the interview. They also argue that Rivera should have been read his rights in his native Spanish, not in English. Attorneys also say that Rivera admitted to being sleep-deprived before the interview and police shouldn't have conducted the interview.

A hearing on the Motion to Suppress is scheduled for August 23rd in Woodbury County where the trial has been moved."

So, if police are investigating the disappearance of a co-ed jogger, and the potential suspect says he is tired, the police have to let him go home and take a nap, instead of being questioned about her whereabouts?

Well, technically they should give him some milk and cookies first. I don't have a link though, so JMO.

 

[runfar262]

Ahead of hearing, attorneys for man accused of killing Mollie Tibbetts further argue that undocumented immigrant's rights were violated

RIP Mollie Tibbetts. I hope for swift justice.

 

[PommyMommy]

Ahead of hearing, attorneys for man accused of killing Mollie Tibbetts further argue that undocumented immigrant's rights were violated

RIP Mollie Tibbetts. I hope for swift justice.

Okay, just getting this straight in my head...they're saying his rights were not read to him in their entirety (in addition to being hours into the interview when they were read to him).

[...]

Defense again argues violation of Miranda rights
"What happened because you are an intelligent person, okay? I am going to read your rights … – Right … okay?” the bilingual police officer interviewing Bahena Rivera said to him, according to a transcript in court records.

“Mm-hmm,” he responded.

“And these rights that — remaining quiet,” the officer continued. “If you don’t want to talk to me, you don’t have to do it, do you understand?”

“Mm-hmm,” Bahena Rivera said again.

“You have the right to an attorney,” the officer said. “If you can’t pay for one, one will be appointed by the state.”

“Mm-hmm,” Bahena Rivera responded.

“Free of charge," the officer said. “Do you understand what I just told you?”

“Mm-hmm,” Bahena Rivera said.

“Once I have read — have told you this, do you still want to talk to me?” the officer asked.

“Mmm — yes,” Bahena Rivera responded again, according to the defense team’s motion.

Under the long-standing precedent best known as Miranda, individuals must be told they have the right to remain silent, that anything they say can be used against them in court, and that that they have the right to a present attorney, whether court-appointed or not, prior to questioning — if the interview is to be used as evidence in court.

[...]

 

[Simply Southern]

Okay, just getting this straight in my head...they're saying his rights were not read to him in their entirety (in addition to being hours into the interview when they were read to him).

[...]

Defense again argues violation of Miranda rights
"What happened because you are an intelligent person, okay? I am going to read your rights … – Right … okay?” the bilingual police officer interviewing Bahena Rivera said to him, according to a transcript in court records.

“Mm-hmm,” he responded.

“And these rights that — remaining quiet,” the officer continued. “If you don’t want to talk to me, you don’t have to do it, do you understand?”

“Mm-hmm,” Bahena Rivera said again.

“You have the right to an attorney,” the officer said. “If you can’t pay for one, one will be appointed by the state.”

“Mm-hmm,” Bahena Rivera responded.

“Free of charge," the officer said. “Do you understand what I just told you?”

“Mm-hmm,” Bahena Rivera said.

“Once I have read — have told you this, do you still want to talk to me?” the officer asked.

“Mmm — yes,” Bahena Rivera responded again, according to the defense team’s motion.

Under the long-standing precedent best known as Miranda, individuals must be told they have the right to remain silent, that anything they say can be used against them in court, and that that they have the right to a present attorney, whether court-appointed or not, prior to questioning — if the interview is to be used as evidence in court.

[...]

No, no, no this can't be....

 

[PommyMommy]

No, no, no this can't be....

I know... But, think about it this way; even if his confession does get tossed, they're going to have a very hard time getting around the home security video, the blood evidence in his vehicle, the fact that he led them to Mollie's remains, etc. MOO

 

[katydid23]

But his confession included the information about her hidden remains. Would it be 'fruit of the poisoned tree' ---and not be admissible?

 

[PommyMommy]

But his confession included the information about her hidden remains. Would it be 'fruit of the poisoned tree' ---and not be admissible?

Ohhhhhh geez...I wasn't thinking...ugh!

 

[katydid23]

I am not sure. I am just guessing what this aggressive defence team might argue.

 

[katydid23]

Okay, just getting this straight in my head...they're saying his rights were not read to him in their entirety (in addition to being hours into the interview when they were read to him).

[...]

Defense again argues violation of Miranda rights
"What happened because you are an intelligent person, okay? I am going to read your rights … – Right … okay?” the bilingual police officer interviewing Bahena Rivera said to him, according to a transcript in court records.

“Mm-hmm,” he responded.

“And these rights that — remaining quiet,” the officer continued. “If you don’t want to talk to me, you don’t have to do it, do you understand?”

“Mm-hmm,” Bahena Rivera said again.

“You have the right to an attorney,” the officer said. “If you can’t pay for one, one will be appointed by the state.”

“Mm-hmm,” Bahena Rivera responded.

“Free of charge," the officer said. “Do you understand what I just told you?”

“Mm-hmm,” Bahena Rivera said.

“Once I have read — have told you this, do you still want to talk to me?” the officer asked.

“Mmm — yes,” Bahena Rivera responded again, according to the defense team’s motion.

Under the long-standing precedent best known as Miranda, individuals must be told they have the right to remain silent, that anything they say can be used against them in court, and that that they have the right to a present attorney, whether court-appointed or not, prior to questioning — if the interview is to be used as evidence in court.

[...]

Hmmm...so the Spanish translator that told him his rights, left out some of the most important rights. Who was this translator? Was he a cop? It doesn't seem like it because they know this Miranda script backwards and forwards.

Was it a paid translator from a private company? I hope he/she wasn't trying to sabotage the case.

 

[PommyMommy]

Hmmm...so the Spanish translator that told him his rights, left out some of the most important rights. Who was this translator? Was he a cop? It doesn't seem like it because they know this Miranda script backwards and forwards.

Was it a paid translator from a private company? I hope he/she wasn't trying to sabotage the case.

Hard to believe, but the article says he is a bilingual police officer.

 

[katydid23]

Hard to believe, but the article says he is a bilingual police officer.

Well, he better study up on his Miranda Rights. That was a major mess up.