Found Deceased IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48

[TL4S]

When it comes down to it, there might be an element of truth in CBR's story. Shades of truth, at least. I've often thought this might be the case simply because he left out the murder itself. He admitted to doing bad things, like chasing her down and hiding her body. He took LE to the cornfield and she was there. He said he did it. Whether the black out bit was planted by LE, or something he concocted on the spot, he didn't seem worried about hiding his guilt. He only wanted to hide his sickest deeds.

 

[Seattle1]

Trial for man accused of killing Mollie Tibbetts: Key takeaways from Day 5

May 25, 2021

Lawyers for Cristhian Bahena Rivera, who is charged with murder in the 2018 slaying of University of Iowa student Mollie Tibbetts, began presenting a defense on Tuesday, telling a jury that investigators were under intense pressure to solve the missing person case and alleging the investigators coerced a confession from the Mexican national farmworker.

Defense attorneys, who deferred their opening arguments until after the prosecution rested its case, began by attempting to undermine what prosecutors say is "overwhelming" evidence that the 26-year-old defendant is guilty of first-degree murder.

[..]

Early on in her presentation, Frese tackled the issue of Bahena Rivera's status as an undocumented immigrant, telling the jury he came to the United States seven years ago to seek a better life so he could support his family in Mexico.

[..]

She called Bahena Rivera a "yes man," someone who would readily agree to chores such as cleaning out livestock stables.

Frese called the questioning by investigators of Bahena Rivera a "systematic confrontation," where they warmed up to him by asking about his family, his work and his life in Mexico before confronting him with evidence that his black Chevrolet Malibu was seen in surveillance video circling a neighborhood at the time Tibbetts was spotted jogging in the same location.

The defense attorney noted that after a month of hitting dead ends in the case, the investigators were under an intense amount of pressure "to close the case, to arrest someone for this vicious crime."

"And the confrontation continues until it was put in my client's head: 'Perhaps you blacked out,'" Frese said.

[..]

Romero testified that Bahena Rivera allegedly told her he drove to a cornfield, where he placed Tibbetts' lifeless body face-up, covered her with leaves and left.

[..]

Defense DNA expert testifies
The first witness called for the defense was Michael Spence, a paid expert DNA witness and a former forensic scientist for the Indiana State Police.

Spence testified that while crime scene investigators recovered Tibbetts' DNA and the defendant's DNA from the trunk of Bahena Rivera's car, multiple unaccounted sources of DNA were also found in the trunk.

[..]

Under cross-examination, Spence said he had "no issues" with how the DNA evidence in the case was collected and analyzed, testifying that investigators, in his opinion, appeared to have properly followed their protocols and practices.

[..]

'He was not violent'

Bahena Rivera's aunt, Alejandra Cervantes, testified for the defense that her nephew was sending money back to Mexico to support his parents and siblings there.

[..]

She testified that in the seven years she has known Bahena Rivera since he came to the United States, she never saw him get angry or fight.

[..]

She testified that while they would argue, he was never violent with her.

"He was a really good father," Gamboa testified. "He was responsible, and he would take care of his daughter."

 

[Spartygirl]

MAY 25, 2021
Mollie Tibbetts Murder: Defense Says Cristhian Bahena Rivera Falsely Confessed (lawandcrime.com)
[...]

The defense chose tactically to deliver the 10-minute-long opening statement after the state concluded its case in chief.

[...]

Frese and her co-counsel Chad Frese have long argued that the defendant was “interrogated” by the police after he’d worked a 12-hour shift on an area dairy farm. The 11-hour overnight interrogation, the defense has suggested, produced a coerced confession.

“He wasn’t in an interview; he was in an interrogation,” Frese said. “There’s no dispute on the facts that my client worked twelve hours at a dairy farm scooping poop, cleaning grounds, and then, at the end of his day, he was brought to the Poweshiek County Sheriff’s Office.”

The prosecutors and police officers have contended that Bahena Rivera was merely interviewed by police and that he was repeatedly told he was free to leave the police station before 11:30 p.m. the night he was interviewed.

The legal difference between a custodial interrogation and an interview where an individual is free to leave is critical to the analysis of whether the authorities must read a defendant his rights under Miranda v. Arizona (1966), Thompson v. Keohane (1995), and Yarborough v. Alvarado (2004). The reading of those rights serves as a de facto notification that a suspect is being arrested and, more importantly, is facing increasing legal jeopardy, so the police seek to delay the point at which an interview becomes a custodial interrogation in order to keep a defendant talking without thinking he needs to remain silent or hire an attorney.

[...]

“And then they started to confront him with the evidence,” Frese continued. “They confronted him with this videotape. They confronted him with these pictures. And they said, ‘you know, we don’t believe you. We don’t believe that you weren’t there.’ And the confrontation continues until it was put in my client’s head — ‘perhaps you blacked out.’ ...

Law enforcement officers have testified Bahena Rivera told them he blacked out when he confronted Tibbetts while jogging. They say Bahena Rivera admitted confronting Tibbetts because he thought she was “hot.” According to the official account, Bahena Rivera said he blacked out what happened next, which he claimed would happen to him from time to time when he became angry. The next thing the defendant claimed to recall was that Tibbetts’ ear phones were in his car and her body was in his trunk, law enforcement officers testified.

The defense suggested it was law enforcement who fed Bahena Rivera at least part of the story.

[...]

Frese said alternate suspects were “ignored or not looked into” and said it was her “duty” to bring all such evidence to the jury.

She then reminded jurors that they all carried different life experiences into this case but were connected by one legally critical thread: “each one of you has the power to say no” to the state’s charges, she said.

[...]

BBM parts
So--- according to defense --- LE "PUT" the idea in his head.
YET--he admits he does that from time to time when he is angry !!!

Kind of back splashing there.
He admits he had done this before, when he is angry.

This shows prior outbursts--he openly admits to..
NOT some sort of mental persuasion on LE part.

Sheesh.. Defense is contradicting themselves all over the place, IMO

 

[FLmom777]

so who else is the defense going to call? Are they really going to call that Jordan girl and drag her/DJ in court? Is there a "black out " expert they are going to call?
Maybe DJ's boss..."Are you sure he was there cuz you were drunk right?"
The pig farmer?
Anybody in Iowa who was near a cornfield in July 2018?
Maybe a 14 year old snapchat expert?
What else do they have?

I went to college in Iowa back in the 70’s. Maybe they will call me to testify about how high the corn is and that maybe she wandered in there herself and somehow aliens from a ufo came and stabbed her. They also thought she must have been attacked by those clothes she was wearing so they removed them to save her.

 

[FLmom777]

One of the things that really stuck out to me today is the fact that CB has zero problem with another person getting blamed for the vicious thing he did. He wouldn’t bat an eyelash if DJ, or anyone else, were falsely convicted for his actions. Add to that what CB’s crime has cost his uncle, his daughter, his parents, his extended family, his friends- literally & figuratively- he seems he couldn’t care less about any of it. And he sure doesn’t care about Mollie or her circle.

We hear about “entitlement” these days all the time. But this seems to be a whole different level & flavor of it. He felt entitled to Mollie, entitled to false documents, illegal employment, entitled to family money to fund these attorneys, entitled smear as many people as possible in the process. To me, that is the embodiment of rage & hate.

And his ex claiming DJ is a racist? That’s not going to bode well in rural Iowa. Her sympathy/support in this small community just got thinned way down. Imo. And what’s her real motivation? Resentment for the loss of $500 p/m child support? She should direct her anger where it belongs- on the murderous father of her kid. Imo

That was a lot to take in today. Sadly, I don’t think tomorrow will be much better. All moo.

The ex gf won’t have to live with the people’s dismay. She gave her address as Cedar Rapids so she left the small town for the city.

 

[katydid23]

What did the jurors learn today from the defense ?

We learned CB was quiet and shy with strangers and had a strong work ethic, but didn't get past middle school. He came across the border at 17, with a coyote, and went to stay with his uncle.

And they learned what a pinata is--although they probably knew already...

We learned that he told his Aunt he had a date on the night he kidnapped Mollie. And his Aunt was going to 'help' him get some flowers. [was that too big of a task for him?]

We learned from their forensics expert that there MAY have been extraneous, unmatched DNA in the trunk of the car. The state failed to match it to every possible person.

Mollie Tibbetts blood was found inside the trunk. And there were no signs of cross contamination or police misconduct.

The fingerprint expert found latent prints on the ice scraper and plastic box in the trunk. They could not match it to anyone.
She tried to get known prints from the victim but her remains were not in a condition to do so. She had no access to Mollie's known prints.

We learned that Dalton had purchased a promise ring for Mollie, which she took off because he had a relationship with another woman, in 2018. And we learned a lot about their important snap chat drama from high school.

We learned that the defense is trying to prove that Dalton has a bad temper and is very dangerous.
Frese: You don't recall telling Mollie you had a temper? You don't recall telling her that 'makes you dangerous'? Jack: No

[The problem for them is there is no past history of domestic violence between them---no pictures of her injuries, no witnesses reporting that he had beaten her or threatened her. ]

We learned that she had forgiven him for the old gf drama:
SB: "You discussed a lot w Mr. Frese about this relationship that you had...Mollie was aware of that correct?" DJ: "Yes." SB: The relationship continued and you were still making marriage plans? DJ: "Yes."

We learned that Dalton traveled 2 and a half hours away for a construction job and left while she was still alive and well.
His 2 supervisors were on the job site and they logged in his working hours each day. Plus he traveled with another worker, to and from DuBuque.

 

[Seattle1]

Who/what part of testimony referenced her being killed in the trunk? I didn’t catch that. With injuries on her right & left side as well as back & front, I imagined it happening in stages. And probably at abduction site, then field. Jmo

I heard this today during cross-examination of defense witness Dr. Spence. - The Prosecutor said Mollie was injured in the trunk and the witness affirmed his opinion that she was killed in the trunk (or vice-versa) I can't remember which said injured/killed but they were in agreement.

I agree that Mollie was probably fatally injured in stages -- first to disable her and get her to the trunk and probably more attacks when she was inside the trunk.

CBR told Officer Romero that Mollie's body felt like somebody passed out when he slung her over his shoulder and carried her x feet to the corn. I think the decomposition really prevented confirmation of any defensive wounds but I think Mollie was probably dead or near dead when she was carried to the row she was dumped (and assaulted). We also know that CBR told Romero that he layed Mollie on her back and covered her with corn stalks -- just as she was found. MOO

 

[thekirbyfamily]

I heard this today during cross-examination of defense witness Dr. Spence. - The Prosecutor said Mollie was injured in the trunk and the witness affirmed his opinion that she was killed in the trunk (or vice-versa) I can't remember which said injured/killed but they were in agreement.

I agree that Mollie was probably fatally injured in stages -- first to disable her and get her to the trunk and probably more attacks when she was inside the trunk.

CBR told Officer Romero that Mollie's body felt like somebody passed out when he slung her over his shoulder and carried her x feet to the corn. I think the decomposition really prevented confirmation of any defensive wounds but I think Mollie was probably dead or near dead when she was carried to the row she was dumped (and assaulted). We also know that CBR told Romero that he layed Mollie on her back and covered her with corn stalks -- just as she was found. MOO

I think this was interpertated slightly wrong...I think they were in agreement that yes, she was injured while in the trunk, not necessarily that those injuries happened in the trunk. I could be wrong, but that's how I took it anyway.

 

[Harvath]

I would like to see if CBR paid any income tax on his earnings since he has been in the United States. Oh, yeah...has he registered for Selective Service? Every man living in the United States between the ages of 18 and 26 must register for Selective Service.
Selective Service System - It’s Your Country. Protect it.

Just how "law abiding" is CBR?

Well the whole concept of against the law to stalk, kidnap, sexually assault(possibly a corpse) and you know…. Illegal to commit murder as well didn’t exactly click in his brain. I can’t imagine select service was high on his priority list. Now I know you were being facetious….as Am I. I just couldn’t help but add that on.

 

[skyedaze]

So on Court TV they mentioned the $200 and said Mr defense was asking about that $ trying to put it out there that Mollie was going to use the money to buy a mattress. That she was going to leave and move in with some girlfriends and needed a mattress.
Um, you can't buy a mattress for $200..not a decent one. Maybe a used one but I don't know a lot of girls who would buy a used mattress.
And if you are leaving you aren't dog sitting while everyone is gone.

 

[thekirbyfamily]

Shannon Moudy on Twitter
Agents asked Dalton about a $200 cash withdrawal Mollie made on the night before she disappeared. Frese asking about Mollie buying a mattress.
2:26 PM · May 25, 2021·Twitter Web App

Chris Gothner KCCI on Twitter
"You recall you were in Dubuque that night?" "Clear as a bell." "Were you drunk?" "I don't recall." #BahenaRiveraTrial @KCCINews
2:27 PM · May 25, 2021·Twitter Web App

"You recall telling agents the $200 was for your golf tournament Mollie would've put up the greens fees for?" Dalton doesn't recall.
2:27 PM · May 25, 2021·Twitter Web App

Cross now.
2:27 PM · May 25, 2021·Twitter Web App

Brown asking again about the job in Dubuque.
2:28 PM · May 25, 2021·Twitter Web App

Chris Gothner KCCI on Twitter
Cross-examination by prosecution, asking Jack about his job with Jasper Construction. Jack says he worked 12 hour days. #BahenaRiveraTrial
@KCCINews
2:27 PM · May 25, 2021·Twitter Web App

I loved the irony in the cross-examination by the prosecution that divulged DJ worked 12 hour days also. It really sent home the message that not only poor, disadvantaged, illegal farm hands work 12 hour days...many legal citizens who are construction workers, taxi drivers, food delivery drivers, firemen, doctors, nurses, etc. do the same.

 

[Seattle1]

https://www.the-sun.com/news/291534...rrogation-bloodstains/#liveblog-entry-2955055

May 25, 2021

MOLLIE'S AUNT DOESN'T WANT 'RACISM AND HATE' BROUGHT INTO HER DEATH

Mollie Tibbetts' aunt asked the public on social media not to turn her murder and "movement" into "something ugly".

Billie Jo Calderwood wrote on Facebook: "Please remember, Evil comes in EVERY color.

"Our family has been blessed to be surrounded by love, friendship and support throughout this entire ordeal by friends from all different nations and races."

She also reposted another sentiment that read, "Please do not compound the atrocity of what happened to her by adding racism and hate to the equation. …"

"Do not turn #molliesmovement into something ugly."

 

[katydid23]

https://www.the-sun.com/news/291534...rrogation-bloodstains/#liveblog-entry-2955055

May 25, 2021

MOLLIE'S AUNT DOESN'T WANT 'RACISM AND HATE' BROUGHT INTO HER DEATH

Mollie Tibbetts' aunt asked the public on social media not to turn her murder and "movement" into "something ugly".

Billie Jo Calderwood wrote on Facebook: "Please remember, Evil comes in EVERY color.

"Our family has been blessed to be surrounded by love, friendship and support throughout this entire ordeal by friends from all different nations and races."

She also reposted another sentiment that read, "Please do not compound the atrocity of what happened to her by adding racism and hate to the equation. …"

"Do not turn #molliesmovement into something ugly."

I hope the defense team reads that and takes it to heart themselves.

 

[distracted]

I think maybe Frese watches too much Matlock and thinks he will get Dalton to confess on the stand.

I was just thinking, as I'm reading this thread, that the defense has watched too much Law & Order.

 

[Niner]

Wednesday, May 26th:
*Trial begins (Day 6) (@ 8:30am CT) – IA – Mollie Cecilia Tibbetts (20) (July 18, 2018, Brooklyn; found Aug. 21, 2018) – *Cristhian Bahena Rivera aka John Budd (24/now 26) 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.
Trial began on 5/17/21 with jury selection & ended 5/18/21. Trial started on 5/19/21 (thru 5/28/21). Trial moved from Poweshiek County to Scott County in Davenport. 12 jurors & 3 alternates (8 women & 7 men); Jurors: Hispanic/Latino/Spanish-3, White-12, jurors ages range from 19 to 71.
Court hearings from 8/22/18 thru 5/13/21 & Jury selection (Days 1 & 2) 5/17 to 5/18/21 & Trial (Days 1-4) 5/19 & 5/24/21 post #511 here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
5/25/21 Tuesday, Day 5 of Trial: Opening statements for defense by Jennifer Frese.
For defense opening see post #607 here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Defense witnesses: Dr. Michael Spence is a DNA consultant. Direct by Jennifer Frese.
See posts #561, 563, 564, 571, 575 & 579 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Spence continued. On cross by Brown. And re-direct. And re-cross.
See posts 584, 587, 591, 594 & 600 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Next witness: Alejandra Cervantes Valle, married to CBR's uncle. Direct by Jennifer Frese.
See posts 615 & 618 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Cervantes Valle continued. Still on direct.
See posts #624, 628 & 635 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Cervantes Valle continued. Still on direct.
See posts #641, 647 & 656 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Cervantes Valle continued. Still on direct. Brown on cross. And re-direct.
See posts #662 & 665 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Next witness: Iris Gamboa, CBR is father of her daughter. Direct by Jennifer Frese.
See posts #668 & 678 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Gamboa continued. On direct. And cross by Bart Klaver.
See posts #683 & 690 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Next witness: Anna Young, Iowa DCI crime lab, evaluates latent prints. Direct by Jennifer Frese. Cross by Brown. And re-direct by Frese.
See posts #745, 754 & 758 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Next witness: Dalton Jack, Mollie's BF. Direct by Chad Frese.
See posts 763, 767, 771, 777 & 780 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Jack continued. Still on direct.
See posts #788, 791 & 795 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Jack continued. Still on direct.
See posts #803, 806, 811, 814 & 820 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Jack continued. Still on direct.
See posts #828 & 840 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Jack continued. Still on direct.
See posts #845, 853, 855, 858 & 860 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Jack continued. Still on direct. And cross by Brown.
See posts #864, 868, 875, 877 & 880 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Jack continued. On cross. And re-direct.
See posts #882 & 891 for more info here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #48
Trial continues on 5/26/21 @ 8:30am.

 

[sleuther0192837465]

Here for Mollie<3 Been following quietly for a long time. While I can’t read the details of what that vile man did to her, I watch and wait for him to be locked away forever.

 

[skyedaze]

<<<<tippy toes in before starting work....>>>
Just wanted to say...I often work a 12 hour day...and clean my house, and mow the lawn, walk the dog, exercise, cook dinner...
and nobody brings me a sandwich and lets me have power nap.

 

[PommyMommy]

Good morning! Coffee and donuts on me...


Source: Free Stock Photos · Pexels

#Justice4Mollie

 

[JudgeJoe]

The ex gf won’t have to live with the people’s dismay. She gave her address as Cedar Rapids so she left the small town for the city.

I don’t blame her for scooting off to wherever she can avoid scrutiny & those small town looks. But she still has most of her fam there- visits are going to be pretty uncomfortable, imo. Plus this hostile attitude of “DJ is a racist” is going to transfer, whether shared or not, to her family- still local. I think Mollie’s fam has been very gracious & outspoken to curb hostility toward the immigrant community, but we’ve taken offense to the assertion here on WS- imagine the sentiment for those who know DJ & are watching this unjustified witch hunt. There will be a ripple effect in a small rural town. Might be subtle- maybe even just in the form of a quiet sense of distrust- but it’ll be felt for a long time. That’s an altering factor in a place where everyone knows everybody. Imo

 

[Bordeaux]

@JudgeJoe the entitlement mentality starts with ignoring legal immigration laws of the United States, moving onto using false/fraudulent documents to obtain employment, and using a false name to continue to perpetuate the fraud. Having a cousin purchase a car, and driving the car without legal documents. The slippery slope to expecting a young woman to accommodate demands for attention, equals that CBR has demonstrated zero respect for any laws in the United States, what is breaking a few more? Assaulting and killing a young woman?

Can I like this comment 100 times?