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

[Skagirl]

I would rather it be delayed than have it be rushed. I'm curious to know if there's been any plea offers on the table yet.
This article mentions that a judge has already ruled that part of Rivera’s alleged confession to police will not be admissible during the trial.
Murder Trial for Man Accused of Killing Mollie Tibbetts Pushed to May of 2021 | who13.com

 

[Niner]

snipped...
A pretrial conference scheduled for Jan. 12 is continued to April 14 and will be held at the Poweshiek County Courthouse.

Article has April 15th...

Cristhian Bahena Rivera had been scheduled to stand trial beginning Jan. 25, but the Iowa Supreme Court in November ordered that all jury trials statewide be put on hold until Feb. 1 due to the state's rapid growth of positive cases and hospitalizations. On Wednesday, the court rescheduled the trial to May 17, and moved a scheduled pretrial conference to April 15.

 

[PommyMommy]

Article has April 15th...

Cristhian Bahena Rivera had been scheduled to stand trial beginning Jan. 25, but the Iowa Supreme Court in November ordered that all jury trials statewide be put on hold until Feb. 1 due to the state's rapid growth of positive cases and hospitalizations. On Wednesday, the court rescheduled the trial to May 17, and moved a scheduled pretrial conference to April 15.

I was quoting from the article Sharon Needles posted. It says the 14th.

I can see the order on the court site but it doesn't give a date so I don't know which is correct. MOO

Trial Court Search (state.ia.us)
Event Filed By Filed Create Date Last Updated Action Date
OTHER ORDER YATES JOEL D 12/09/2020 12/09/2020 12/09/2020
Comments: ORDER CONTINUING TRIAL AND RESETTING PRETRIAL CONFERENCE

 

[Niner]

I was quoting from the article Sharon Needles posted. It says the 14th.

I can see the order on the court site but it doesn't give a date so I don't know which is correct. MOO

Trial Court Search (state.ia.us)
Event Filed By Filed Create Date Last Updated Action Date
OTHER ORDER YATES JOEL D 12/09/2020 12/09/2020 12/09/2020
Comments: ORDER CONTINUING TRIAL AND RESETTING PRETRIAL CONFERENCE

I think that was the article I quoted... I'll wait a bit & see if the court site is updated later. So we have the correct date!

 

[SharonNeedles]

I think that was the article I quoted... I'll wait a bit & see if the court site is updated later. So we have the correct date!

Probably a moot point, everything in Iowa is getting repeatedly rescheduled.

 

[Skagirl]

I agree with Sharon Needles that it will probably end up being rescheduled anyways, but as of right now, date for the ptc is April 15 at 9:00 a.m.

 

[PommyMommy]

I agree with Sharon Needles that it will probably end up being rescheduled anyways, but as of right now, date for the ptc is April 15 at 9:00 a.m.

Thank you for the clarification.

This article is still showing April 14 so I will send them a little note!
Trial for Cristhian Bahena Rivera further delayed due to pandemic (kcci.com)

 

[imstilla.grandma]

The trial of Cristhian Bahena Rivera for the murder of Mollie Tibbetts was supposed to start last week after years of delay, some of it necessitated by the coronavirus. But back in December there was another delay and the trial still hasn’t started. However, this week there was an argument in court over attempts by the defense to subpoena Tibbetts bank records. Prosecutors argued those attempts were an illegal “fishing expedition” because the court didn’t approve them and the subpoena was not entered into a tracking system until days later:

Prosecutors say the defense issued the subpoena through the Poweshiek County Clerk on January 15, six days before they received a copy. A return of service was date-stamped four days later by the Polk County Sheriff’s Office.

The State says the defense didn’t notify the prosecution or get approval from the court for the subpoena, which is for Mollie Tibbett’s bank records at Bankers Trust in Des Moines.

“Prior to the service of the subpoena the defense did not file the subpoenas in EDMS which would suggest that the intent of the defense was to keep the existence of the subpoena from the State and Court. The timing of the email to the undersigned with the subpoena attached would further support this contention. On its face, the subpoena appears to be a fishing expedition into the confidential banking records of Mollie Tibbetts who is not a witness or party and is the person the defendant is charged with killing.”

Defense attorney Jennifer Frese countered, during a Thursday video hearing, that her office had not notified prosecutors of the subpoena — as required by law — because of a “clerical oversight” and not because the defense was “trying to be tricky.”…

Frese didn’t explain the effort to find Tibbetts’ banking records during the hearing but in her written argument said she and her husband/co-counsel were following up on an investigation started by the state into Tibbetts’ bank records. A tip was made to law enforcement Aug. 1, 2018, from a bank employee that Tibbetts had set up a bank account just before her death.

There also was information a transaction was made on the account at a tattoo shop after her death, according to the motion.
Argument over subpoena reveals a hint of defense strategy in Mollie Tibbetts case

 

[imstilla.grandma]

A judge has set a hearing on prosecutors’ motion to quash for Thursday. Rivera’s trial is set to begin May 17.
Prosecutors object to subpoena of slain student’s records

Mollie Tibbetts case: Defense wants slain student's bank records | weareiowa.com


In their filing this week, prosecutors accuse defense attorneys of trying to hide the subpoena, noting that prosecutors were not made aware of the subpoena served this month on Bankers Trust in Des Moines until after it was served.

“On its face, the subpoena appears to be a fishing expedition into the confidential banking records of Mollie Tibbetts, who is not a witness or party and is the person the defendant is charged with killing,” Assistant Iowa Attorney General Scott Brown wrote.
Prosecutors object to subpoena of records in Mollie Tibbetts case

Defense: Late notice on 'Clerical oversight' behind late notice on subpoena in Mollie Tibbetts' bank records Prosecution asks judge to make defense follow the rules


Rivera’s trial has been delayed several times while his defense argued police didn’t properly Mirandize him before questioning. A judge ruled that part of Rivera’s alleged confession to police will not be admissible during the trial. COVID-19 delays within the court system have also contributed to the trial date being pushed.

His trial is currently scheduled to begin May 17 and is being held in Davenport due to pre-trial publicity.
Prosecution calls subpoena for Mollie Tibbetts’ bank records a ‘fishing expedition’, judge to hear motion to quash Thursday | SiouxlandProud | Sioux City, IA | News, Weather, and Sports

 

[PommyMommy]

A judge has set a hearing on prosecutors’ motion to quash for Thursday. Rivera’s trial is set to begin May 17.
Prosecutors object to subpoena of slain student’s records

Mollie Tibbetts case: Defense wants slain student's bank records | weareiowa.com


In their filing this week, prosecutors accuse defense attorneys of trying to hide the subpoena, noting that prosecutors were not made aware of the subpoena served this month on Bankers Trust in Des Moines until after it was served.

“On its face, the subpoena appears to be a fishing expedition into the confidential banking records of Mollie Tibbetts, who is not a witness or party and is the person the defendant is charged with killing,” Assistant Iowa Attorney General Scott Brown wrote.
Prosecutors object to subpoena of records in Mollie Tibbetts case

Defense: Late notice on 'Clerical oversight' behind late notice on subpoena in Mollie Tibbetts' bank records Prosecution asks judge to make defense follow the rules


Rivera’s trial has been delayed several times while his defense argued police didn’t properly Mirandize him before questioning. A judge ruled that part of Rivera’s alleged confession to police will not be admissible during the trial. COVID-19 delays within the court system have also contributed to the trial date being pushed.

His trial is currently scheduled to begin May 17 and is being held in Davenport due to pre-trial publicity.
Prosecution calls subpoena for Mollie Tibbetts’ bank records a ‘fishing expedition’, judge to hear motion to quash Thursday | SiouxlandProud | Sioux City, IA | News, Weather, and Sports

From the Gazette article:

It turned out Bankers Trust didn’t have any banking records for Tibbetts anyway, leading 8th Judicial District Judge Joel Yates to ask if “we’re really fighting about nothing at this point.”

[...]

Yates, the judge, said potential witnesses can’t be subpoenaed. He said he would review the issues and file a written order as soon as possible.

Defense: Late notice on 'Clerical oversight' behind late notice on subpoena in Mollie Tibbetts' bank records Prosecution asks judge to make defense follow the rules | The Gazette

 

[katydid23]

Frese didn’t explain the effort to find Tibbetts’ banking records during the hearing but in her written argument said she and her husband/co-counsel were following up on an investigation started by the state into Tibbetts’ bank records. A tip was made to law enforcement Aug. 1, 2018, from a bank employee that Tibbetts had set up a bank account just before her death.

There also was information a transaction was made on the account at a tattoo shop after her death, according to the motion.
Argument over subpoena reveals a hint of defense strategy in Mollie Tibbetts case

Why would any of that^^^ matter to the defense? Who cares if she had just opened a new bank account? How would that affect Rivera's sick decision to kidnap and kill her and dump her in a corn field?

 

[TL4S]

Frese didn’t explain the effort to find Tibbetts’ banking records during the hearing but in her written argument said she and her husband/co-counsel were following up on an investigation started by the state into Tibbetts’ bank records. A tip was made to law enforcement Aug. 1, 2018, from a bank employee that Tibbetts had set up a bank account just before her death.

There also was information a transaction was made on the account at a tattoo shop after her death, according to the motion.
Argument over subpoena reveals a hint of defense strategy in Mollie Tibbetts case

Why would any of that^^^ matter to the defense? Who cares if she had just opened a new bank account? How would that affect Rivera's sick decision to kidnap and kill her and dump her in a corn field?

If a transaction had indeed been made on her account after her death, I'd be curious who had access. And if it was a new account, had there been someone new in her life that might link her to her killer? Just some thoughts.

If the bank did not actually have this account, though, I wonder why the tip to LE?

 

[katydid23]

If a transaction had indeed been made on her account after her death, I'd be curious who had access. And if it was a new account, had there been someone new in her life that might link her to her killer? Just some thoughts.

If the bank did not actually have this account, though, I wonder why the tip to LE?

This is just a 'fishing expedition' by the defense. If she opened a new account, it had nothing to do with Rivera stalking and killing her after seeing her jogging.

If someone used that account after her death---it has noting to do with her brutal murder. JMO

 

[TL4S]

This is just a 'fishing expedition' by the defense. If she opened a new account, it had nothing to do with Rivera stalking and killing her after seeing her jogging.

If someone used that account after her death---it has noting to do with her brutal murder. JMO

I guess in my mind, the real question is why was the tip called in? If defense thought the story of someone using her account after her death could potentially have bearing to the case, they would investigate. I'm not saying I like what defense is doing, or that it somehow dismisses the brutality of the murder, but the account activity could look suspicious. What if Rivera himself had used it? Or someone close to him? Who had access? There are a lot of questions there.

But, as linked above, it appears there was no account activity. So was somebody simply mistaken when they called in the tip, or was there another motive?

 

[katydid23]

I guess in my mind, the real question is why was the tip called in? If defense thought the story of someone using her account after her death could potentially have bearing to the case, they would investigate. I'm not saying I like what defense is doing, or that it somehow dismisses the brutality of the murder, but the account activity could look suspicious. What if Rivera himself had used it? Or someone close to him? Who had access? There are a lot of questions there.

But, as linked above, it appears there was no account activity. So was somebody simply mistaken when they called in the tip, or was there another motive?

According to the article, the reason the defense is seeking that banking info is because they want to claim there is another potential suspect...:

Whether or not your believe her story about this being a clerical error, you can maybe see where this attempt to get Tibbetts’ bank records was going. It’s probably not enough for the defense to raise procedural issues about Rivera’s guilt in this case. What would help is some evidence, however weak, that maybe someone else was responsible. So if they could find evidence that someone accessed her account to get a tattoo after her death, that might help point in a direction other than their client.

Of course the police received hundreds of tips during this investigation. There was a tip that Tibbetts had been seen a truck stop, for instance. That turned out to be false. The tip about the bank account and the tattoo are also likely false. But the defense has to offer the jury something and this appears to have been one late (and failed) attempt to do that.



That is a big stretch. She was thrown into Rivera's vehicle, and he admitted to dumping her in the field. It's pretty hard to point to another suspect at this point, and make it sound believable.

As to the question whether Rivera himself, or someone close to him had used the account---I am pretty sure the defense knew he handy, for they would never have asked for the records to be reviewed.

They are probably hoping that her boyfriend or brother had used her account. That way they could deflect and point towards them somehow. I just hate the way this defense team tries to make the suspect 'the victim' in this case.

 

[Seattle1]

The trial of Cristhian Bahena Rivera for the murder of Mollie Tibbetts was supposed to start last week after years of delay, some of it necessitated by the coronavirus. But back in December there was another delay and the trial still hasn’t started. However, this week there was an argument in court over attempts by the defense to subpoena Tibbetts bank records. Prosecutors argued those attempts were an illegal “fishing expedition” because the court didn’t approve them and the subpoena was not entered into a tracking system until days later:

Prosecutors say the defense issued the subpoena through the Poweshiek County Clerk on January 15, six days before they received a copy. A return of service was date-stamped four days later by the Polk County Sheriff’s Office.

The State says the defense didn’t notify the prosecution or get approval from the court for the subpoena, which is for Mollie Tibbett’s bank records at Bankers Trust in Des Moines.

“Prior to the service of the subpoena the defense did not file the subpoenas in EDMS which would suggest that the intent of the defense was to keep the existence of the subpoena from the State and Court. The timing of the email to the undersigned with the subpoena attached would further support this contention. On its face, the subpoena appears to be a fishing expedition into the confidential banking records of Mollie Tibbetts who is not a witness or party and is the person the defendant is charged with killing.”

Defense attorney Jennifer Frese countered, during a Thursday video hearing, that her office had not notified prosecutors of the subpoena — as required by law — because of a “clerical oversight” and not because the defense was “trying to be tricky.”…

Frese didn’t explain the effort to find Tibbetts’ banking records during the hearing but in her written argument said she and her husband/co-counsel were following up on an investigation started by the state into Tibbetts’ bank records. A tip was made to law enforcement Aug. 1, 2018, from a bank employee that Tibbetts had set up a bank account just before her death.

There also was information a transaction was made on the account at a tattoo shop after her death, according to the motion.
Argument over subpoena reveals a hint of defense strategy in Mollie Tibbetts case

I'm questioning this news source "Hot Air" media -- especially since they also cite CBR as following Mollie while driving his distinctive black truck. Huh?

 

[Seattle1]

I agree. The defense trying to make smoke in a body of water...

Defense: Late notice on 'Clerical oversight' behind late notice on subpoena in Mollie Tibbetts' bank records Prosecution asks judge to make defense follow the rules

Law enforcement didn’t follow up on this tip, so the defense is “merely trying to fill the holes in law enforcement’s investigation,” Frese said in her written argument. She couldn’t reveal more specifics about the subpoena without revealing their trial strategy, she said.

Frese said the defense will likely send out several more subpoenas, including for bank records and information on the Iowa Sex Offender Registry.

Yates, the judge, said potential witnesses can’t be subpoenaed. He said he would review the issues and file a written order as soon as possible.

[..]

Bahena Rivera’s trial is set for May 17.

 

[Niner]

From the article above -

Yates, the judge, said potential witnesses can’t be subpoenaed. He said he would review the issues and file a written order as soon as possible.

I read in another article before this that there is/was a hearing on Thursday & since the article was dated 1/31/21 I "thought" it meant this coming Thursday, 2/4 - no?
The Judge is just going to "file a written order" and no hearing?

 

[Seattle1]

From the article above -

Yates, the judge, said potential witnesses can’t be subpoenaed. He said he would review the issues and file a written order as soon as possible.

I read in another article before this that there is/was a hearing on Thursday & since the article was dated 1/31/21 I "thought" it meant this coming Thursday, 2/4 - no?
The Judge is just going to "file a written order" and no hearing?

I've seen nothing about Feb hearing. From @Skagirl link above, I see a pretrial conference on April 15, and the Trial reset for May 17, 2021.

I believe the only appearance would be if the defense motions to argue the judges written
decison on subpoenaing potential witnesses.

 

[Niner]

I've seen nothing about Feb hearing. From @Skagirl link above, I see a pretrial conference on April 15, and the Trial reset for May 17, 2021.

I believe the only appearance would be if the defense motions to argue the judges written
decison on subpoenaing potential witnesses.

Okay - I see those dates too on the court site. But that article got me confused... I'll check the court site on the 4th - just in case they stick in that hearing! And thanks!