Found Deceased IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #49

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  • #841
Question. Does the supervisor fit the description of the other masked man? Ugh...I could see the defense going there, if they could.
Oh come on....what about all the other workers? They wouldn't notice that their boss snuck off on the 18th, before 7 pm, in order to get to the kidnapping in time?

They'd need to leave at least by 5:30 pm to make it there, pick up CBR , and go find Mollie by 8:30.

So none of the other workers going to notice the boss left at 5:30 with no explanation?
 
  • #842
IANAL could someone clarify… if there were victim impact statements, would that be during sentencing only or would it happen before the jury goes to deliberations? Is there any indication that there would be any victim impact statements from the family?
Victim impact statements are done in a sentencing phase. May or may not happen here.
 
  • #843
Yes it was and even if Dalton did not grill outside after 7, he still could not have made it back in time (sounds like 9:15 or so would be earliest and that is straight from jobsite).

So it really doesn't matter if he watched Rush Hour or grilled out or did both!
Plus to put on a ninja outfit and arrive on foot at CBR house means he would have to be back in Brooklyn much earlier!
Yes, I don't see any reason why he couldn't have done both. Maybe he spent an hour eating and hanging out outside and then went back to his room, or the other way around.

I didn't like how the defense made it sound like the witness must have been too drunk to remember. Having a few beers after a long work day is not a big deal.
 
  • #844
If they worked until 7, then he couldn't have been back to Brooklyn until 9:30pm at the earliest. Wasn't the kidnapping around 8:30?:
absolutely
 
  • #845
  • #846
IANAL could someone clarify… if there were victim impact statements, would that be during sentencing only or would it happen before the jury goes to deliberations? Is there any indication that there would be any victim impact statements from the family?
Victim impact statements are done in a sentencing phase. May or may not happen here.
Nothing new can be presented during the closing arguments, correct? Because there would be no testimony to support it? So even though the supervisor never had to produce records before the last couple weeks, surely the defense would have checked about records in existence before hanging their entire case on DJ. Imo. Is that why they've thrown a couple other names into the mix? People with no clear motive? Their plan Bs?
Closings can only address the evidence presented AND admitted during the evidentiary phase. nothing new can be brought up.
 
  • #847
Yes, if he worked until 7, and was seen back at the hotel afterwards , he couldn't have left until 7:30 or so. And he has to meet up with his ninja buddy, and then go to CBR's trailer, hide their car somewhere and walk into the trailer---wait for him to finish washing his hair and drying off---

Then they explain their demands, kidnap him and drive into town to look for Mollie ---by that time, she would have been done with her jog. Too late....That would take longer than the one hour between the time he could sneak away and the 8;30 time of her kidnapping.

Yes, it was such an idiotic defense, his attnys should have fought hard (and succeeded) in not letting him get up there and use it. Besides confirming that he's a liar, he proved he would lie and allow an innocent man (DJ) go to prison for a crime he didn't commit so that he (CBR) could go free. That has to be the worst look to a jury.

Any btw, wasn't this considered an affirmative defense, and weren't they supposed to make the prosecution aware of it? I'm confused about what is required of the defense.
 
  • #848
I completely agree. After all, we have seen juries come back with "Not Guilty" based on stories with as much credibility here. The trials for Caylee Anthony, and Kate Stinle both seemed to be "slam dunk" cases.

And I believe that you can pick up a gun in a paperbag under any bench in San Francisco as much as I believe in Iowa Ninjas. Yet, Kate Stinle's killer was found "Not Guilty".
This is what worries me most. ^^^
I guess worst-scene scenario, he’s acquitted (doubtful), gets deported, and his hometown can deal with him. Not that I would wish that on any town… Holding out hope for justice though… Trying to keep faith in the jury!
 
  • #849
Listening to the charges from the Judge, I believe the State proved all elements for 1st Degree Murder.

FWIW
 
  • #850
Courtney Crowder on Twitter
Documents not offered into evidence are not (obviously) evidence. Much of the evidence in this case is under seal so I am wondering if the texts/snapchats referred to by the defense are actually in the evidence record?
9:23 AM · May 27, 2021·Twitter Web App

Courtney Crowder on Twitter
The defense attys can ask about texts/snaps without actually introducing said texts/snaps into evidence. Obviously, the jury will still have those things in their mind because they heard them.
9:25 AM · May 27, 2021·Twitter Web App

Courtney Crowder on Twitter
CBR has not shown a lot of emotion throughout this trial. That's hard to judge because we never know how we will act until we are in a situation, but it is noticeable how expressionless he is.
9:26 AM · May 27, 2021·Twitter Web App

Shannon Moudy on Twitter
If jury can't find CBR guilty of murder in the first degree, they can still find him guilty of murder in second degree.
9:26 AM · May 27, 2021·Twitter Web App

Shannon Moudy on Twitter
Can also find him guilty of voluntary or involuntary manslaughter.
9:31 AM · May 27, 2021·Twitter Web App
 
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  • #851
This is what worries me most. ^^^
I guess worst-scene scenario, he’s acquitted (doubtful), gets deported, and his hometown can deal with him. Not that I would wish that on any town… Holding out hope for justice though… Trying to keep faith in the jury!
I have faith in Iowa juries. I do believe they are 'no nonsense', logical, fair minded folk. I think they will see right through this ridiculous nonsense. JMO
 
  • #852
This is what worries me most. ^^^
I guess worst-scene scenario, he’s acquitted (doubtful), gets deported, and his hometown can deal with him. Not that I would wish that on any town… Holding out hope for justice though… Trying to keep faith in the jury!

Kate Stinle's murderer was deported no less than five times in 20 years. Yet, he was still in San Francisco.

Deportation is meaningless unless the border is secured.
 
  • #853
This is what worries me most. ^^^
I guess worst-scene scenario, he’s acquitted (doubtful), gets deported, and his hometown can deal with him. Not that I would wish that on any town… Holding out hope for justice though… Trying to keep faith in the jury!
He is not going to be acquitted. At most, a hung jury, and a retrial. A retrial will not go well for CBR.
 
  • #854
Yes, it was such an idiotic defense, his attnys should have fought hard (and succeeded) in not letting him get up there and use it. Besides confirming that he's a liar, he proved he would lie and allow an innocent man (DJ) go to prison for a crime he didn't commit so that he (CBR) could go free. That has to be the worst look to a jury.

Any btw, wasn't this considered an affirmative defense, and weren't they supposed to make the prosecution aware of it? I'm confused about what is required of the defense.

No, testifying wouldn't be considered an affirmative defense. An affirmative defense is something like self-defense where you admit yes you did cause the death of the victim but you acted in self-defense. Some states have laws that explicitly allow self-defense and explain how they work (like "stand your ground" laws or castle doctrine laws about home invasions).
 
  • #855
Yes, if he worked until 7, and was seen back at the hotel afterwards , he couldn't have left until 7:30 or so. And he has to meet up with his ninja buddy, and then go to CBR's trailer, hide their car somewhere and walk into the trailer---wait for him to finish washing his hair and drying off---

Then they explain their demands, kidnap him and drive into town to look for Mollie ---by that time, she would have been done with her jog. Too late....That would take longer than the one hour between the time he could sneak away and the 8;30 time of her kidnapping.

I wish the prosecution had spelled it out like this.
 
  • #856
FYI jurors will get a printed copy of the jury instructions so they aren't left with just what they remember from this monologue.
 
  • #857
No, testifying wouldn't be considered an affirmative defense. An affirmative defense is something like self-defense where you admit yes you did cause the death of the victim but you acted in self-defense. Some states have laws that explicitly allow self-defense and explain how they work (like "stand your ground" laws or castle doctrine laws about home invasions).

Okay, thanks Alethea. :)
 
  • #858
Here we go
 
  • #859
  • #860
Oh come on....what about all the other workers? They wouldn't notice that their boss snuck off on the 18th, before 7 pm, in order to get to the kidnapping in time?

They'd need to leave at least by 5:30 pm to make it there, pick up CBR , and go find Mollie by 8:30.

So none of the other workers going to notice the boss left at 5:30 with no explanation?
I get that. I'm not now, nor ever have been in support of this defendant. We can shoot down the improbable defense tactics all day, but the defense team laid out a case and I've been more interested in trying to figure out where they were going with it than making jokes about ninjas. All that matters in the end is justice for poor Mollie and her family.
 
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