IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #35

[Alethea]

Keep in mind that in any criminal case, the state has to prove that the defendant committed the crime charged beyond a reasonable doubt. A good defense attorney will work hard to make sure the defendant gets a fair trial. I consider a fair trial to mean the jury decides whether or not the defendant committed the crimes charged based on the evidence introduced at trial.

When there is extensive media coverage, potential jurors are hearing things that may not be admissible at trial. There are extensive rules about what evidence can be admitted, and what LE can and cannot do to search and seize evidence. Those rules are there after two hundred years of crime and legislation. The rules are there to make sure we don't have show trials where innocent people are falsely accused, or are railroaded based on their race, religion, or ethnicity. Many lawyers become defense lawyers because they are concerned about state overreach - it's not about the particular defendant, but about striving for a criminal justice system that is not discriminatory and protects the rights that all of us enjoy.

So in many high profile cases, there are always motions to try to keep the media out. This isn't to "hide" the proceedings, but rather to ensure jurors will decide the case based on the evidence that is presented at trial - not what the media reports for three years. It's more about the integrity of the process then about the specific defendant. FWIW I tend to lean towards more openness - I support cameras in the court room and broader public records laws. But I can understand why a lawyer might feel the need to argue that it is prejudicial to his client's case at trial.

 

[kkdj]

If he assaulted other young girls they might not have reported him scared of being deported!

I would not be surprised if this is the case. But, wouldn't they have told someone that might get some street justice?

 

[Seattle1]

I noticed he and Mollie were just about the same height and weight! 5'6" 1 30#.

I'm curious. I just watched CR arriving in court. Did he have on a bullet proof vest under his jail garb?

I believe Mollie was only 5'2"...
Yes, it was reported on the broadcast I listened to that CR was wearing a vest.

 

[Stunned]

I'm kind of curious. He had an interpreter at the hearing today. Does he speak no English or just limited?

Too protect the trial and the prosecution, you must make sure they understand everything that is said. So that you don’t get a mistrial or a judgement thrown out because of a language barrier.

 

[MyBelle]

I felt super uncomfortable observing Allen in court today. It was like watching a third string quarterback come on the field at the two minute warning and the score is tied. Both the State's attorney and the Judge, easily rebutted his poorly worded objections.

The last thing we want is a bumbling attorney defending Rivera! That's what mistrials and appeals are made of. We don't want Mollie's family to suffer any more than they already have.

I hope the attorney will soon be removed for his inept attempt to mix in politics and replaced with a public defender.

Let's hope CR does the right thing and pleads guilty.

 

[Eclipse]

I think that attorney is a volunteer! Nobody's paying him!

I read that he is in the running/under consideration for State Supreme Court Justice. How could volunteering for this help him? I know it's high profile- but it's not a good high profile ???

 

[sbsuzilight]

i would think so, yes. i'm just saying since we now know it was a homicide and he attacked her while she was running, the point that it stopped is almost certainly time of death or within a few minutes at least. As opposed to the other theories floating around of the fitbit being taken off her, discarded somewhere, and then she being taken somewhere else, etc. so in that case lack of heart rate wouldn't necessarily mean death. But we know it does and it's a strong solid point for the prosecutors to have, jmo.

CR does not seem to be someone who would be familiar with a fitbit. IMOO

 

[Alethea]

Surely not. I wonder who is paying for his lawyer ?

I think he's doing it pro bono for the publicity. This is a small town defense lawyer. This isn't someone paying for Alan Dershowitz.

 

[feralwriter]

Keep in mind that in any criminal case, the state has to prove that the defendant committed the crime charged beyond a reasonable doubt. A good defense attorney will work hard to make sure the defendant gets a fair trial. I consider a fair trial to mean the jury decides whether or not the defendant committed the crimes charged based on the evidence introduced at trial.

When there is extensive media coverage, potential jurors are hearing things that may not be admissible at trial. There are extensive rules about what evidence can be admitted, and what LE can and cannot do to search and seize evidence. Those rules are there after two hundred years of crime and legislation. The rules are there to make sure we don't have show trials where innocent people are falsely accused, or are railroaded based on their race, religion, or ethnicity. Many lawyers become defense lawyers because they are concerned about state overreach - it's not about the particular defendant, but about striving for a criminal justice system that is not discriminatory and protects the rights that all of us enjoy.

So in many high profile cases, there are always motions to try to keep the media out. This isn't to "hide" the proceedings, but rather to ensure jurors will decide the case based on the evidence that is presented at trial - not what the media reports for three years. It's more about the integrity of the process then about the specific defendant. FWIW I tend to lean towards more openness - I support cameras in the court room and broader public records laws. But I can understand why a lawyer might feel the need to argue that it is prejudicial to his client's case at trial.

The court will need to find jurors to sit who are not very familiar with this case. If it goes to trial, can we assume jurors will be sequestered?

 

[sbsuzilight]

I hope the attorney will soon be removed for his inept attempt to mix in politics and replaced with a public defender.

Let's hope CR does the right thing and pleads guilty.

I agree. I hope he pleads guilty. I can see no point in a trial as, if,I am not mistaken, there will be no lesser charge for not going to trial.

 

[Stormy21]

It seems that he at the very least, speaks some English. I’m basing this on a purported conversation between him and an acquaintance, where she asked him what he thought happened to Mollie.

Excerpt: ''All he said was “Probably what her parents think, she took off with someone and doesn’t know what to do.” (He = CBR)

That is a quote from the 18 y/o who knows both. It appears the suspect knows English well enough.

Friend of murdered Mollie Tibbetts reveals chilling texts with Cristhian Rivera, Mollie's killer | Daily Mail Online

 

[know_what_i'm_sayin']

I agree, the more I think about it, he probably used his car to hit her, then stopped and threw her in the trunk. I don't believe his words either, why would we.

I keep hearing this theory, what I don't understand about it is the suspected SA motivation. If SA was the goal, would he assault her after hitting her with the car? She'd be unconscious I'd imagine. I think part of the "thrill" of a SA is the fight.

I don't know, I just feel like hitting her with the car is too easy for the hunting game he may have been playing. Hey, I could be way out in the weeds with this thought tho.

 

[Betty P]

I read that he is in the running/under consideration for State Supreme Court Justice. How could volunteering for this help him? I know it's high profile- but it's not a good high profile ???

To other attorneys and judges, it would be a good thing. It demonstrates some ability and experience in arguing and weighing both sides of cases, something judges require. I'm not endorsing him for that job one way or another, just providing some information. IANAL.

 

[Stormy21]

I doubt his peers knew anything. if he hung with primarily Spanish speakers they may have known of it but have been focused on other things.

He hung with the usual Brooklyn crowd: Friend of murdered Mollie Tibbetts reveals chilling texts with Cristhian Rivera, Mollie's killer | Daily Mail Online

According to that.

 

[Alethea]

I read that he is in the running/under consideration for State Supreme Court Justice. How could volunteering for this help him? I know it's high profile- but it's not a good high profile ???

There are like 20 people running for Iowa State Supreme Court. Judicial elections can be something of a clown show. If he knows he doesn't have a chance to win, he probably figures this will give him publicity to build up his practice.

Despite the attorney's reported experience, he struck me as amateurish. He said to the judge he would appeal her ruling "whatever it was" before she even ruled. That's extremely disrespectful, and something you learn not to do your first day as a lawyer. You are supposed to be extremely respectful and deferential, even if you know you are going to appeal the judge's decision. He also didn't cover his mic when talking to his client, which breached his client's attorney-client privilege. I would have taken the mic off and asked to speak to my client outside. These are minor things but a good attorney would not have made these mistakes - particularly knowing the world is watching.

 

[PinkPrincessPoop]

Why does he need a translator when he CLEARLY understood
Mollie saying she was going to call the cops?
After all, isn’t that why he said he blacked out...he was angry at WHAT SHE SAID?

Do you speak a foreign language? Understanding "I'm going to call the police" is not quite the same as understanding words/terms like "prosecution" "abscond" "omission" "ex parte" "appellant" etc etc etc. I could "easily" learn some basic stuff in another language, if I lived there a few years, I could graduate to having actual conversations with people and make friends. But then throw me into a foreign court with complicated legal jargon? No way.

 

[Stormy21]

I read that he is in the running/under consideration for State Supreme Court Justice. How could volunteering for this help him? I know it's high profile- but it's not a good high profile ???

Anyone can take out interest in the state supreme court. There are like 20 candidates.

 

[Betty P]

Excerpt: ''All he said was “Probably what her parents think, she took off with someone and doesn’t know what to do.” (He = CHR)
That is a quote from the 18 y/o who knows both. It appears the suspect knows English well enough.

Friend of murdered Mollie Tibbetts reveals chilling texts with Cristhian Rivera, Mollie's killer | Daily Mail Online

I'm assuming the court required a translator so he can't appeal his verdict using a language barrier as an excuse. They're covering all the bases. It's also probably safe to assume, with his limited education, he may not understand the legal terminology in the questions he's being asked. The judge and prosecution are taking no chances. Not sure why having interpreters is considered problematic by some.

 

[know_what_i'm_sayin']

I would not be surprised if this is the case. But, wouldn't they have told someone that might get some street justice?

Sadly I think stats are 1 out of 10 actually tell/report assaults... I'm thinking more along the lines of date rapes and such. Too embarrassed to come forward, afraid people won't believe. I bet the church he's gotten away with stuff like that in the past.

 

[Quill]

Why does he need a translator when he CLEARLY understood
Mollie saying she was going to call the cops?
After all, isn’t that why he said he blacked out...he was angry at WHAT SHE SAID?

I say give him ALL the translators! Make doubly sure that he can understand every single word of every proceeding. Let's not let there be one excuse used in this case in his defense for any appeal.