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

Discussion in 'Trials' started by cybervampira, Jul 20, 2018.

  1. SharonNeedles

    SharonNeedles Well-Known Member

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    I am, and change of venue has been anticipated. I’ve got lots of vacation time built up too, I’m obviously more ready for this trial than the defense is.
     
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  2. Ragnarok

    Ragnarok Well-Known Member

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    :)
     
  3. katydid23

    katydid23 Well-Known Member

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    But I believe they have the interrogation on tape. Surely they can see whether they told him his rights or not?
     
  4. Mica

    Mica Well-Known Member

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    Hopefully it’s on tape. The Iowa Attorney General's Office said it plans to resist the motion, so we’ll see what the outcome brings.
     
  5. MistyWaters

    MistyWaters Well-Known Member

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    I’ll admit I’m also confused why there’s any need to argue if CR has been advised of his rights.


    In a separate motion, also filed Friday, Frese asked the court to toss out Rivera’s police interview, which includes a confession, claiming police violated his rights by not informing him that he could decline to cooperate with them and also telling him he didn’t need an attorney.

    In the motion, portions of the transcript from the interview are included but not the portion with Rivera’s confession. Most of the transcript showed authorities attempting to get Rivera to tell them why he killed Tibbetts, telling him they already knew it was him but wanted to know why. Officers told him they found Tibbetts’ hair in his vehicle.

    Rivera repeatedly said he couldn’t help them and he didn’t know anything. He claimed he didn’t know how Tibbetts’ hair could be in his vehicle, maybe it’s from his wife and daughter, he suggested.

    Some or most of the interview was conducted in Spanish with one of the officers translating for Rivera and other investigators, according to the motion.

    Frese said the confession wasn’t voluntary for several reasons, including the language barrier, Rivera’s lack of education, officers saying he didn’t need a lawyer, Rivera agreeing to do anything requested by officers — which indicated he didn’t think he had a choice — and the length of the interview after Rivera had worked an almost 12-hour shift at his job......”

    Man accused of killing Mollie Tibbetts wants trial moved out of Poweshiek County
     
  6. katydid23

    katydid23 Well-Known Member

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    One of Bahena Rivera's attorneys, Chad Frese, told the Des Moines Register his client was "Mirandized" — shorthand in the legal profession for formally explaining a suspect's rights, under the U.S. Supreme Court decision Miranda v. Arizona — nine to 10 hours into the interview at the Poweshiek County Sheriff’s Office in Montezuma.

    Having worked a full day at a dairy farm beforehand, Bahena Rivera fell asleep twice at the sheriff's office, he said.

    "It's troublesome," Frese said, calling the interview part of the story the public had not yet heard. "It's involuntary."

    A special agent with the Iowa Division of Criminal Investigation referred questions about the motion to the Iowa Attorney General's Office. That office's spokesman, Lynn Hicks, said the state planned to resist the motion but that he could not comment further.
    Man accused of killing Mollie Tibbetts says he was not read his rights before police interview
     
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  7. rebel123

    rebel123 Well-Known Member

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    I did state last year that the defense would seek to get the Trial location moved; also that the Miranda Rights / Warning was important; especially because in his case it would have to be translated correctly.
     
  8. Mica

    Mica Well-Known Member

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    Perhaps that’s more the issue.....the translation.
     
  9. MyBelle

    MyBelle Well-Known Member

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    The tape would be LE asking the question in English and LE then interpreting it in Spanish. I think the defense are taking issue with the translation.

    CR certainly had no trouble dosing off twice so a guilty conscience wasn't keeping him awake.

    I think he'll still go down because of his car on video following MT.

    JMO
     
  10. Kaylas

    Kaylas Well-Known Member

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    The fact that Rivera worked almost a 12 hour shift shouldn’t come into play IMO. People are alert and capable of functioning after working long shifts. It seems like the defense is pulling at straws. My hope is that all of R’s confession is presented in court.
     
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  11. Bordeaux

    Bordeaux Active Member

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    IMO, Rivera’s whole attitude and demeanor appeared to be in contempt of court... right from the beginning. He appeared to sneer at the court. Now he is falling asleep during proceedings while his lawyers dispute justice. Meanwhile Mollie is dead and gone forever. One must question what “rights” this vile and disgusting excuse for a human (to put it lightly) should even have!
     
    Last edited: Mar 8, 2019
  12. SharonNeedles

    SharonNeedles Well-Known Member

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    At the same time, the confession itself suggests he didn’t understand that the right to remain silent and the right to an attorney were in his best interest at that point. I would hope the questioning and confession were all recorded, that of course would be the easiest way to argue that CR was Mirandized and his confession was voluntary. Without that we’d have a mess.
     
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  13. Niner

    Niner Long time Websleuther

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    Dates set for Mollie Tibbetts murder suspect to argue suppressing interview, moving trial


    Hearing dates were set Thursday for the man accused of killing Mollie Tibbetts to argue for moving his trial and suppressing the alleged confession he made to investigators.

    Cristhian Bahena Rivera's lawyers requested his trial be moved out of Poweshiek County and into a county with more minority representation. They also filed a motion to suppress, claiming he was not read his rights before an interview with law enforcement.

    Judge Joel Yates set a half-day hearing March 27 for Bahena Rivera to argue for transferring the trial. A daylong hearing was set June 25 for his motion to suppress.
     
  14. Twistinginthewind

    Twistinginthewind Well-Known Member

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    Whether or not CR's confession is legitimized under due process, the facts remain:
    (1) A car he had known use of (through his employer) is on videotape at the time just before she went missing following Mollie and driving back and forth as she was running on that isolated road surrounded by cornfields (IMO seeing if the coast was clear to confront her 'unseen', but he was 'seen' on the video camera installed at one of the homes along the road he did not know of, and there's her fitbit data that could have shown an increase in stress/heartbeat within the same timeframe the video was taken that indicated she was under severe/abnormal distress all of a sudden for a young athlete on a routine run),
    (2) There must be physical evidence of her being in the trunk of the car he was driving (during his interview with LE he said he had 'blocked out his memory" of what happened after he approached her and she threatened to call 911 on her cell phone if he didn't leave her alone, but when he "came to" in the drivers' seat of the car he saw her earbuds in his lap and then realized he had put her in the trunk of his car, so presumably the trunk of that car was combed for forensic evidence of her presence, and some evidence was found and documented)
    (3) He led LE straight to Mollie's body hidden in a nearby cornfield after they interviewed him and read him his rights over that "12 hour period" or whatever, which no one could have done if they did not have any knowledge of or were not involved in her abduction and/or murder.

    These facts should stand alone outside of any questions about when during his interview with LE after they had the videotape and pulled him in for questioning he was read his rights or advised about counsel being present, and/or what he agreed to talk about with LE during the hours he was interviewed, even with potential language barriers, timing of miranda-izing, etc. Besides, it could have well taken the 9 or 10 hours (his defense team is claiming he was interviewed by LE before being read his rights) for them to have gotten anything substantive out of him in terms of his culpability, and then they were like, okay, now that you said "that", we need to read you your rights...

    IMOO it seems the DA has plenty of factual and forensic evidence against CR to convict him, and he has a snowball's chance in 'h-e-double toothpicks' of getting off for murdering Mollie based on the facts, and these are only a few mentioned above -- there're also the results of the forensic evidence collected at the location her body was found, and the autopsy, either or both of which may also place CR at the scene of the crime(s). In addition, the 6 to 8 days predicted by the Assistant DA for the trial, which seems quite minimal, also indicates IMOO that the prosecutors are confident in the factual and forensic evidence they have to convict CR of viciously stalking and abducting and murdering Mollie, an innocent young woman who was going about her normal routine in her own hometown. Mollie, may you rest in peace, and your family and loved ones find peace in remembering your life and incredible gifts you gave to everyone. You will never be forgotten!!
     
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  15. Bordeaux

    Bordeaux Active Member

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    This case is so SLOW in moving to trial! Aren’t high profile cases usually expedited?
     
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  16. Bordeaux

    Bordeaux Active Member

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    Not necessarily. Look at the case of Chris Watts. He confessed when he could have had a lawyer before or after the his voluntary lie detector test. While there were many red flags of strong suspicion there was almost NO actual evidence against him (no bodies found yet, etc.) No language issue either! People sometimes confess without a lawyer.
     
  17. SharonNeedles

    SharonNeedles Well-Known Member

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    Confessing and subsequently pleading Not Guilty makes that Apples to Oranges.
     
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  18. Kaylas

    Kaylas Well-Known Member

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    He knows that he stalked Mollie, killed her and dumped her body in a field. Where is his remorse? He robbed the community and a family of a beautiful young person. A jury of his peers in any Jurisdiction will be able to determine guilt based on the facts & evidence. IMO.
    I hope that he has many sleepless nights worrying about his own fate.
     
  19. Sanz

    Sanz Well-Known Member

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  20. JudgeJoe

    JudgeJoe Well-Known Member

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    Hey! This case has dragged on long enough now, that I have actually regained access to the DMR!

    Language barrier schmarrier. He needs to quit grasping at straws & face the music of his actions. I wonder who he blames for this in his sick selfish peabrain. Certainly not taking responsibility himself.
     
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