Found Deceased IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #46

[Sanz]

I hope the prosecutor will furnish the particulars.

“The motion for a bill of particulars in the case was filed Friday and claims the trial information and minutes of testimony do not contain enough information about the facts of the case to allow Rivera to prepare a defense. The motion says there isn’t any guidance on the element of premeditation, which is one of the requirements of a first-degree murder charge.”
Mollie Tibbetts’ Alleged Murderer Files Motion for ‘Bill of Particulars’

 

[PommyMommy]

Mollie Tibbetts slaying suspect's lawyers say state must provide more detail about his charge
A crime scene report and two lab reports have not been provided to defense attorneys, they say in the motion.

Cristhian Bahena Rivera's lawyers say the details included in the documents charging Bahena Rivera with first-degree murder do not offer enough information for them to mount a defense in the case.

"We need to know what it is that the prosecutor intends to produce as evidence. That’s something that we’re entitled to under Iowa law," she said.

 

[The Farm]

He's more likely to be found not guilty than he is deported. If he's deported, there is no control over how he serves his sentence. The only way to ensure the killer stays locked up where he belongs is to place him in a US prison. Yes taxpayers will foot the bill but it's a small price to pay to get that assurance.

He would get a coyote and turn around and come right back to the promised land.
So yes we have to pay to keep him from doing it to someone else here.

 

[Dudda]

I hope the prosecutor will furnish the particulars.

“The motion for a bill of particulars in the case was filed Friday and claims the trial information and minutes of testimony do not contain enough information about the facts of the case to allow Rivera to prepare a defense. The motion says there isn’t any guidance on the element of premeditation, which is one of the requirements of a first-degree murder charge.”
Mollie Tibbetts’ Alleged Murderer Files Motion for ‘Bill of Particulars’

Does anyone know is this a normal thing to happen at this point?

 

[Mica]

Mollie Tibbetts slaying suspect's lawyers say state must provide more detail about his charge
A crime scene report and two lab reports have not been provided to defense attorneys, they say in the motion.

Cristhian Bahena Rivera's lawyers say the details included in the documents charging Bahena Rivera with first-degree murder do not offer enough information for them to mount a defense in the case.

"We need to know what it is that the prosecutor intends to produce as evidence. That’s something that we’re entitled to under Iowa law," she said.

Do you think the prosecution could still be waiting on autopsy results (toxicology) and the report from the forensic anthropologist?

 

[Warwick7]

"An insufficient response to a request for a bill of particulars may be grounds for dismissal of the claim, or other sanctions against the responding party. In civil cases, a bill of particulars is a pleading, which "amplifies" the complaint, but can also act as a discovery device or tool."

Bill of particulars - Wikipedia

 

[Warwick7]

"Rivera’s attorneys say their client “cannot understand the particulars of the offense and more specifically cannot understand upon which facts the state intends to rely to prove the required elements of the case.”

Mollie Tibbetts’ Alleged Murderer Files Motion for ‘Bill of Particulars’

 

[Warwick7]

"The motion says there isn’t any guidance on the element of premeditation, which is one of the requirements of a first-degree murder charge."

Mollie Tibbetts’ Alleged Murderer Files Motion for ‘Bill of Particulars’

 

[EmmaRose]

"Rivera’s attorneys say their client “cannot understand the particulars of the offense and more specifically cannot understand upon which facts the state intends to rely to prove the required elements of the case.”

Mollie Tibbetts’ Alleged Murderer Files Motion for ‘Bill of Particulars’

Here we go ..... No comprende.

 

[Mica]

Here we go ..... No comprende.

Yup. How convenient.

 

[Mica]

>>snip

Assistant Iowa Attorney General Laura Roan said prosecutors intend to resist the defense's motion. She said there are deadlines in place for when prosecutors must provide evidence and they intend to comply with them.

Mollie Tibbetts slaying suspect's lawyers say state must provide more detail about his charge

 

[EmmaRose]

>>snip

Assistant Iowa Attorney General Laura Roan said prosecutors intend to resist the defense's motion. She said there are deadlines in place for when prosecutors must provide evidence and they intend to comply with them.

Mollie Tibbetts slaying suspect's lawyers say state must provide more detail about his charge

Thanks, Mica. That makes me feel a little better to hear that.

 

[MistyWaters]

>>snip

Assistant Iowa Attorney General Laura Roan said prosecutors intend to resist the defense's motion. She said there are deadlines in place for when prosecutors must provide evidence and they intend to comply with them.

Mollie Tibbetts slaying suspect's lawyers say state must provide more detail about his charge

Thanks, that makes sense. Just something to keep the case in the news I guess.

“In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.”
Bill of particulars - Wikipedia

 

[Alethea]

"Rivera’s attorneys say their client “cannot understand the particulars of the offense and more specifically cannot understand upon which facts the state intends to rely to prove the required elements of the case.”

Mollie Tibbetts’ Alleged Murderer Files Motion for ‘Bill of Particulars’

I'd think the person who had Mollie's body in his car may be able to shed some light on what happened, in particular.

 

[Alethea]

I get why defense attorneys do it, and I think some defense attorneys think (wrongly) that the strength of your defense can be measured by the amount of papers you push around. But I don't like it. I think it can end up hurting a defendant more than helping. To me the defendant comes off callous and aloof with this type of stunt. If the evidence isn't there, obviously the case will not go forward or your client will be acquitted. But in many cases, you are going to try to get a plea to a lesser charge anyway. So having your client pretend he's innocent and has no idea what this whole thing is about when he'll plea to second degree murder in a couple of months makes me roll my eyes.

 

[Kaylas]

It must be difficult to have to represent CR as his defense team. Whether you think he is guilty or not, the defense has to do whatever it takes.

I was hoping this case would be on a fast track. Evidentially, not.

 

[JudgeJoe]

Following. Couldn’t keep up for 2 months & now we wait for April... This process of pleadings & particulars makes me patience-impaired. Wake me up for sentencing!

 

[PommyMommy]

Do you think the prosecution could still be waiting on autopsy results (toxicology) and the report from the forensic anthropologist?

Hi Mica,

I may not be the best person to ask since I haven't stayed up-to-date here recently. What I can say is that, in general, depending on what testing is being done and whether the lab(s) and expert(s) are in-house or not, it usually takes months to receive the results.

While following another case, I learned that Jon Benet Ramsey's autopsy results weren't fully released for almost 8 months. I think it went like this:
December 1996 - Autopsy performed
February 1997 – Partial autopsy results released (Coroner requested the rest remain under seal)
May 1997 – Judge ordered all but six portions of the report released
August 1997 – Full autopsy report released (unsealed)

MOO

 

[Charliegizmo49]

Do you think the prosecution could still be waiting on autopsy results (toxicology) and the report from the forensic anthropologist?

Could be a number of things including being careful not to bring this case back to the national spotlight. It may be caution to carefully document every detail of exactly what LE did from the initial questioning to conversion to an interrogation. Hopefully they had an interpreter there through the entire process. If in fact there is a language barrier, they recognized it immediately and brought in the proper person.

I would hate to see the confession, as it is, tossed.

 

[Kaylas]

I assume that the defense team has seen the video footage of CR stalking Mollie. I bet that there is evidence CR was following Mollie on social media accounts. Maybe using his baby Mama’s accounts.
IMO