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

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StarryStarryNight said:
I can’t imagine what that is needed for either. Just another ridiculous ploy by the defense attorneys.
I’m going to say this again...he confessed and I know the defense is trying to argue it was coerced or something...but...he also led LE to her body, which I don’t think he could have done unless he killed her.
A defense attorney’s job is not to try and get his clearly guilty client found not guilty. He is supposed to seek justice also. He should help guide his client through the system and try to get the fairest best deal. The defense’s job is not to “win”! This is not a game. This guy’s lawyers are despicable in my opinion. No regard at all for the victim or her family.
Click to expand...
I thought the bank account stuff was already thrown out. Did something change?

Edit: maybe already answered by @SeattleStew
 
9/1/20 On the Docket: Mollie Tibbetts Murder Case - Court TV

This case is on the Court TV's Docket so providing that expanded news media coverage is granted by the Court, I think they will cover it!

(Given the trial was requested moved to Davenport, IA (Scott County) due to pretrial publicity - I believe the defense will protest ENMC -- hope the court grants otherwise).

The amended ENMC rules also provide for media/journalists to tweet real-time coverage of judicial proceedings.

Regional ENMC Coordinator for the trial:

Region 11
Clinton, Cedar, Jackson, Scott, Muscatine counties

  • Mike Ortiz
    KWQC
    805 Brady St.
    Davenport, IA 52803
    (563) 383-7156
    mortiz@kwqc.com
Requests for permission to use cameras, recording equip, etc. is submitted to the Regional ENMC Coordinator (noted above) who files the request to provide ENMC with the clerk of court at least 7 days prior to the scheduled hearing.

https://www.iowacourts.gov/static/media/cms/reporters_guide_to_IJB_2014_646362F2671A4.pdf
 
Docket update:

Event Filed By Filed Create Date Last Updated Action Date
ORDER TO RESTRICT ACCESS TO RECORDS YATES JOEL D 05/06/2021 05/06/2021 05/06/2021

RESISTANCE FRESE JENNIFER JO 05/06/2021 05/06/2021 05/06/2021
Comments: RESISTANCE TO MOTION TO SEAL

APPLICATION TO RESTRICT ACCESS TO RECORDS BROWN SCOTT DEAN 05/06/2021 05/06/2021 05/06/2021
Comments: MOTION FOR ELEVATED SECURITY LEVEL

OTHER EVENT FRESE JENNIFER JO 05/06/2021 05/06/2021 05/06/2021
Comments: RESPONSE TO STATE'S MOTION IN LIMINE

MOTION IN LIMINE FRESE JENNIFER JO 05/04/2021 05/05/2021 05/05/2021

MOTION IN LIMINE BROWN SCOTT DEAN 05/04/2021 05/05/2021 05/05/2021

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Just watching Court TV. They will be showing this trial starting May 17.

Looking at that photo of Mollie with that million dollar smile...and remembering when this sad event happened and all of those PC’s leading up to when she was found.
 
MAY 5, 2021
Defense, prosecution file motions for court to consider in trial for death of Mollie Tibbetts - The Daily Iowan
[...]

The defense requested four items to be prohibited during the trial. If approved, the state of Iowa would be prohibited from:
  • Telling the jury about the defendant’s prior criminal convictions
  • Allowing officers called as witnesses to give the opinion as to defendant Cristhian Bahena Rivera’s actions appearing “suspicious, strange, or incriminating”
  • Telling the jury allegations against Bahena Rivera’s prior criminal convictions or “bad acts”
  • Using any transcript of any interview played in court
The prosecution requested the court to:
  • Not allow the defense to make statements or arguments to the jury related to the length of punishment
  • Prevent the defense from referencing the administration of polygraph examinations
  • Hold a pretrial for any witnesses called to testify concerning the statement of Bahena Rivera or any other statements being made on behalf of Bahena Rivera
  • Prohibit the defense from using statement regarding comments made on Aug. 20 or 21, 2018
  • Exclude photographs of Bahena Rivera at gathering with young children or his children
[...]
 
MAY 10, 2021
WATCH: What to know ahead of the trial for the accused killer of Mollie Tibbetts (kwwl.com)
The mother of University of Iowa student Mollie Tibbetts wants her daughter remembered for her spirit and compassion.

Laura Calderwood says the memorial fund bearing her daughter's name has more than $145,000 as of Monday afternoon and they've raised even more.

[...]

Last month, the man accused of murdering Tibbetts, Cristhian Bahena Rivera, appeared in court for the first time in more than a year.

The world vastly changing since he first walked into court in August 2018 just weeks after leading investigators to the body of Mollie Tibbetts.

[...]

Court records revealed what Rivera told investigators, that he followed Tibbetts on her run. Eventually, Rivera claims to have run up to Tibbetts. She grabbed her phone and said, "I'm gonna call the police."

[...]

Various legal proceedings and questions delayed the trial for months as his defense attorneys searched for more evidence and looked into if his rights were violated.

Then, there was the question of where to find an impartial jury given pretrial publicity. Officials finally landed on Scott County.

The pandemic delayed justice even further. On Monday, May 17, the trial for Rivera is set to begin in Davenport. Jury selection is expected to take at least two days.
 
PommyMommy said:
MAY 5, 2021
Defense, prosecution file motions for court to consider in trial for death of Mollie Tibbetts - The Daily Iowan
[...]

The defense requested four items to be prohibited during the trial. If approved, the state of Iowa would be prohibited from:
  • Telling the jury about the defendant’s prior criminal convictions
  • Allowing officers called as witnesses to give the opinion as to defendant Cristhian Bahena Rivera’s actions appearing “suspicious, strange, or incriminating”
  • Telling the jury allegations against Bahena Rivera’s prior criminal convictions or “bad acts”
  • Using any transcript of any interview played in court
The prosecution requested the court to:
  • Not allow the defense to make statements or arguments to the jury related to the length of punishment
  • Prevent the defense from referencing the administration of polygraph examinations
  • Hold a pretrial for any witnesses called to testify concerning the statement of Bahena Rivera or any other statements being made on behalf of Bahena Rivera
  • Prohibit the defense from using statement regarding comments made on Aug. 20 or 21, 2018
  • Exclude photographs of Bahena Rivera at gathering with young children or his children
[...]
Click to expand...
The defense requested four items to be prohibited during the trial. If approved, the state of Iowa would be prohibited from:
  • 1---Telling the jury about the defendant’s prior criminal convictions
  • 2---Allowing officers called as witnesses to give the opinion as to defendant Cristhian Bahena Rivera’s actions appearing “suspicious, strange, or incriminating”
  • 3---Telling the jury allegations against Bahena Rivera’s prior criminal convictions or “bad acts”
  • 4---Using any transcript of any interview played in court
As to #1, that is a common request and often. granted, as it can be prejudicial.

But #2? '...not allowing officers to testify about the suspect appearing suspicious or doing anything incriminating?' I hope the judge does not ban that type of testimony. How else can they justify searching the vehicle and questioning him about his actions that day? He led them to her body. If they can't justify their interrogation, they could lose that prime evidence too.

# 4 worried me too. What can't they agree on a transcript? I understand that some transcripts have questionable translations---so let them agree on one. But listening to an audio can be faulty because not everyone has good hearing, especially seniors.
 
Citing COVID-19 protocols, judge limits attendance at Bahena Rivera murder trial For those who have expressed interest in attending Mollie's trial, news media and the public will only be allowed at jury selection (held at the River Center in Davenport and not the courthouse). Court TV and the Law and Crime Network will broadcast a livestream of the trial, but are not allowed to broadcast the jury selection. Local tv stations may broacast remotely on the internet or tv ( I have not read of any that are going to do so yet). Family members will have 2 remote viewing rooms set up for them inside the courthouse and the media will also not be allowed in there or be available to contact the judge or staff. They must have remote setup in the parking lot of the courthouse.
 
katydid23 said:
The defense requested four items to be prohibited during the trial. If approved, the state of Iowa would be prohibited from:
  • 1---Telling the jury about the defendant’s prior criminal convictions
  • 2---Allowing officers called as witnesses to give the opinion as to defendant Cristhian Bahena Rivera’s actions appearing “suspicious, strange, or incriminating”
  • 3---Telling the jury allegations against Bahena Rivera’s prior criminal convictions or “bad acts”
  • 4---Using any transcript of any interview played in court
As to #1, that is a common request and often. granted, as it can be prejudicial.

But #2? '...not allowing officers to testify about the suspect appearing suspicious or doing anything incriminating?' I hope the judge does not ban that type of testimony. How else can they justify searching the vehicle and questioning him about his actions that day? He led them to her body. If they can't justify their interrogation, they could lose that prime evidence too.

# 4 worried me too. What can't they agree on a transcript? I understand that some transcripts have questionable translations---so let them agree on one. But listening to an audio can be faulty because not everyone has good hearing, especially seniors.
Click to expand...
I agree with everything you said, katy. I'm hoping that this is just a case of the defense throwing everything at the wall to see what sticks. Hopefully, the judge will deny these motions. MOO
 
24Roses said:
Citing COVID-19 protocols, judge limits attendance at Bahena Rivera murder trial For those who have expressed interest in attending Mollie's trial, news media and the public will only be allowed at jury selection (held at the River Center in Davenport and not the courthouse). Court TV and the Law and Crime Network will broadcast a livestream of the trial, but are not allowed to broadcast the jury selection. Local tv stations may broacast remotely on the internet or tv ( I have not read of any that are going to do so yet). Family members will have 2 remote viewing rooms set up for them inside the courthouse and the media will also not be allowed in there or be available to contact the judge or staff. They must have remote setup in the parking lot of the courthouse.
Click to expand...
Glad media & public not in courtroom for this but wish family had the choice to be in court with CBR, attorneys & jurors- or the remote room. Should be their choice imo. Also don’t like public or media access to voir dire. Due to the stalking, rape, immigration issues in this case, potential jurors should be able to answer privately, usually allowed in most states- but you have to request private response, sometimes on a question by question basis. I’ve always disagreed with this practice. Jmo. Moo, etc.
 
Docket update:

Event Filed By Filed Create Date Last Updated Action Date
ORDER SETTING HEARING YATES JOEL D 05/11/2021 05/11/2021 05/11/2021
Comments: PRETRIAL CONFERENCE 05/13/2021 09:30 AM 79DI.

MOTION FRESE JENNIFER JO 05/11/2021 05/11/2021 05/11/2021
Comments: FOR ADDITIONAL FUNDING

RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 05/11/2021 05/11/2021 05/11/2021
Comments: TOM KRIEGEL

OTHER ORDER YATES JOEL D 05/10/2021 05/10/2021 05/10/2021
Comments: SUPPLEMENTAL EXPANDED MEDIA COVERAGE

RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 05/10/2021 05/10/2021 05/10/2021

RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 05/10/2021 05/10/2021 05/10/2021


link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
IOWA CITY, Iowa (AP) — The public will be able to watch the trial of the man charged with killing University of Iowa student Mollie Tibbetts — but not in person.

Citing COVID-19 protocols, Judge Joel Yates said in an order dated Monday that members of the public and news media will not be allowed inside the courtroom when the trial of Cristhian Bahena Rivera starts next week. But he acknowledged “intense public” interest in the case and said news outlets can operate remote-controlled video cameras to broadcast the proceedings live on the internet or television.

Rivera is expected to stand trial beginning Monday in Davenport for first-degree murder in the death of Tibbetts, 20, who disappeared in July 2018 while out for a run in her hometown of Brooklyn, Iowa.

The weekslong search for Tibbetts attracted intense coverage on Fox News and other outlets. Then-President Donald Trump and other Republicans cited the case before the 2018 midterm elections to argue for stricter immigration laws after learning that Rivera allegedly moved to the U.S. illegally from Mexico when he was a teenager. That came over the objections of Tibbetts’ relatives, who said her death should not be used to promote a political agenda that she would have opposed as racist.

Judge OKs broadcast, limits attendance at Iowa murder trial - Court TV
 
I’m actually a lot relieved that this is going to be streamed and the public won’t be allowed. Truth of the matter is that sitting through what’s sure to be a long trial would surely be uncomfortable at best and I fear I’m probably not that good at being a courtroom reporter anyway.

That all being said, I don’t think I’ll miss a minute of this live stream. I have so many questions…
 
PommyMommy said:
I agree with everything you said, katy. I'm hoping that this is just a case of the defense throwing everything at the wall to see what sticks. Hopefully, the judge will deny these motions. MOO
Click to expand...
The defense tried several of these motions earlier when they attempted to have the interviews and CRB leading authorities to the body thrown out (i.e., deficient Miranda) and failed. I agree -- more noise and publicity the closer we get to jury selection and trial.
 
Seattle1 said:
The defense tried several of these motions earlier when they attempted to have the interviews and CRB leading authorities to the body thrown out (i.e., deficient Miranda) and failed. I agree -- more noise and publicity the closer we get to jury selection and trial.
Click to expand...
It will certainly be the defense attorney’s goal to both plant the seeds of “reasonable doubt” and lay the groundwork to have an unfavorable verdict thrown out down the road. And they’ve got a lot of angles to work from.

At the same time, Iowa isn’t a good place to be if you’re hoping to base your case on “reasonable doubt” and a “presumption of innocence”. Much weaker cases than this have ended in conviction.
 
cass523 said:
IOWA CITY, Iowa (AP) — The public will be able to watch the trial of the man charged with killing University of Iowa student Mollie Tibbetts — but not in person.

Citing COVID-19 protocols, Judge Joel Yates said in an order dated Monday that members of the public and news media will not be allowed inside the courtroom when the trial of Cristhian Bahena Rivera starts next week. But he acknowledged “intense public” interest in the case and said news outlets can operate remote-controlled video cameras to broadcast the proceedings live on the internet or television.

Judge OKs broadcast, limits attendance at Iowa murder trial - Court TV
Click to expand...

Trial starts Monday, May 17, 2021. Court TV and Law & Crime have notified the court they will be live-streaming the trial.
 
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