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

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PommyMommy said:
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
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Why do I get the feeling this Defense attorney duo are going to be a real P I T A ? ;)
 
katydid23 said:
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
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ITA, I believe they are going to pulling more than a few shenanigans during the trial.
 
girlhasnoname said:
ITA, I believe they are going to pulling more than a few shenanigans during the trial.
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Earlier, the defense complained that their poor client 'didn't understand the language' and 'didn't understand our legal system.'

Well duh, that can happen if you sneak into a foreign country illegally, and then commit murder. I don't see that as a mitigating factor to use in his defense. JMO
 
girlhasnoname said:
Why do I get the feeling this Defense attorney duo are going to be a real P I T A ? ;)
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Unless there is an unforeseen technicality, we know the garbage that killed this young woman is going down. As far as the defense is concerned, they are just doing their job. Defending.

Let justice prevail

amateur opinion and speculation
 
katydid23 said:
Earlier, the defense complained that their poor client 'didn't understand the language' and 'didn't understand our legal system.'

Well duh, that can happen if you sneak into a foreign country illegally, and then commit murder. I don't see that as a mitigating factor to use in his defense. JMO
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This is a clever ploy on the part of the defense. The US Hispanic population is approx 17%, yet approx 30% of prisoners are Hispanic, which is arguably concerning.

Despite these ploys, if the Prosecutor is well prepared, these attempts at deflection should prove ineffective. However, expect more attempts.

Let justice prevail

Amateur opinion and speculation
 
FEB 3, 2021
Judge takes no action in attorneys' dispute over Mollie Tibbetts' non-existent banking records | The Gazette
[...]

The prosecution asked the judge to quash a subpoena for Tibbetts’ bank account at Bankers Trust in Des Moines. They argued the defense didn’t give prosecutors notice and that this type of subpoena isn’t allowed because it isn’t connected to a deposition or trial.

Assistant Iowa Attorney General Scott Brown also asked the court to admonish the attorneys for first-degree murder defendant Cristhian Bahena Rivera. He questioned whether Jennifer and Chad Frese understood the rules.

Eighth Judicial District Judge Joel Yates, in his ruling, found the motion moot because the bank account didn’t exist. The defense revealed that fact during the hearing. Jennifer Frese said the lack of notification was just a “clerical oversight” and the prosecution received the notice after the fact.

“The court declines to issue an admonishment in this situation,” Yates said in the ruling. “However, the court relies upon the statements from counsel and expects the parties to follow our procedural rules.”

[...]

FEB 5, 2021
Challenge of subpoena of Mollie Tibbetts’ bank records moot (kcci.com)
A judge has declined to quash a subpoena seeking the bank records of a slain University of Iowa student and has also rejected prosecutors’ request to admonish the suspect’s defense attorneys who sought them.

[...]

The judge ruled this week that the challenge was moot, as the subpoena had already been served and the bank provided no relevant information in the case, the Des Moines Register reported.

[...]
 
Wednesday, March 17th:
*Trial Management Conference Hearing (@ 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 was set to begin on 2/4/20 – Trial has been postponed (on 1/22/20) & continued to 9/29/20 & rescheduled to 1/25/21 due to COVID-19 & has been further delayed & rescheduled on 5/17/21 (should last about 6 to 8 days). Trial moved from Poweshiek County to Woodbury County. The trial was set to happen in Woodbury County, but now it's being moved to Scott County.
Court hearings from 8/22/18 thru 1/22/20 reference post #526 here:
Found Deceased - IA - Mollie Tibbetts, 20, Poweshiek County, 19 Jul 2018 *Arrest* #47
2/4/20 Update: The Iowa Supreme Court announced this morning they denied a motion presented by the lawyers of Rivera. All evidence entered into the murder trial of a University of Iowa student will remain in the case. Basically, only statements CR made between 11:30 p.m. on August 20th and early August 21st were suppressed or not allowed by the judge. However, statements CR made that led investigators to MT's body were allowed. All the physical evidence was also allowed.
2/17/20 Update: Motion to set a trial scheduling conference. 2/18/20: Indigent defense claim form: total $3K. Next motions hearing on 3/9. 3/6/20: Motion for continuance filed by defense. 3/9/20: Motion hearing set for 3/18. 3/27/20 Update: Supreme Court Clerk: Procedeno (an extraordinary writ ordering a lower court to proceed to or execute a judgment).
4/10/20 Update: Trial is now scheduled for 9/29/20. 4/23/20: Approving Application for additional stipend.
6/16/20 Update: Both sides asked for continuance of trial-granted because of COVID-19. New trial date is set for 1/25/21. Next on court site is pretrial hearing on 1/21/21.
11/30/20 Update: Telephonic status conference hearing 11/30/20 @ 2:30pm. Order continuing trial due to COVID & resetting pretrial conference hearing. Trial rescheduled on 5/17/21 in Scott County in Davenport. Pretrial hearing on 1/25/21 has been rescheduled to 4/15/21.
1/31/21 Update: Prosecutors are calling defense attorneys’ subpoenaing of the victim’s bank records a “fishing expedition.” Prosecutors with the Iowa Attorney General’s Office filed a motion this week objecting after defense attorneys for Rivera subpoenaed Mollie Tibbetts’ bank records, In their filing this week, prosecutors accused 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. The defense didn’t give notice to the state or enter it in the court’s filing system & didn’t ask or receive approval by the court as required, prosecutors said in the motion. A judge has set a hearing on prosecutors’ motion to quash for Thursday, 2/4/21. Rivera’s trial is set to begin May 17. No hearing on 2/4/21, Judge will do a written judgement instead.
2/5/21 Update: Attorneys for Christian Bahena Rivera will be allowed access to victim's bank records a Keokuk County district court judge ruled this week. 2/9/21 Update: Eighth Judicial District Judge Joel Yates has declined to quash a subpoena seeking the bank records of a slain University of Iowa student & has also rejected prosecutors’ request to admonish the suspect’s defense attorneys who sought them. The judge ruled this week that the challenge was moot, as the subpoena had already been served and the bank provided no relevant information in the case.
3/15/21 Update: Setting trial management conference hearing on 3/17/21.
 
I have a pretrial hearing 1/25 was rescheduled for 4/15.

I don't know "where" I got it cause it is not on the court site - but have it in my notes... o_O Maybe an article?

I see in my post above - it happened around Nov. 30th.
 
FrostedGlass said:
I'm not familiar with Iowa court records but here's the latest; is there no trial date yet?

ORDER FOR CONTINUANCE YATES JOEL D 04/08/2021 04/08/2021 04/08/2021
Comments: TIME ONLY MOVED TO 8:30AM
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Judge Joel Yates still hearing this, right? Has the May 17 trial date been set aside?

Bahena Rivera is scheduled to stand trial in Poweshiek County starting May 17 after multiple delays caused by COVID-19 and disputes over the evidence in the case.

Mollie Tibbetts murder: Judge won't admonish parties in discovery dispute
 
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