IA - Mollie Tibbetts,20, Poweshiek County - MEDIA, MAPS & TIMELINES - NO DISCUSSION

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Denise Hnytka on Twitter
In Poweshiek County, IA following the latest twist in #MollieTibbetts case after defense files motion for new trial based on the stories of 2 people naming a new suspect in her murder. Cristhian Bahena Rivera convicted end of May. @wqad
8:32 AM · Jul 15, 2021·Twitter for iPhone

Denise Hnytka on Twitter
Today’s hearing is on a motion to compel - judge sealed the specific names and allegations. In short, Bahena Rivera defense asking for information they think can back up an inmate’s story about who really killed #MollieTibbetts. State responds calling motion vague and irrelevant.
8:35 AM · Jul 15, 2021·Twitter for iPhone

Denise Hnytka @DeniseWQAD 33s
Just saw a group of people walk into the courtroom, including a young lady wearing a teal Mollie's Movement t-shirt. Media is outside the courtroom in an overflow room, due to size and other restrictions. @wqad #MollieTibbetts

Shannon Moudy @ShannonMoudyTV 19m
HAPPENING THIS MORNING: In about 30 minutes we’ll hear the first arguments in court on what Cristhian Bahena Rivera’s attorneys call new evidence that could have made a difference in his trial. @iowasnewsnow #CBRtrial #MollieTibbetts

Denise Hnytka on Twitter
Frese says Lindsey Voss is the second person to come forward, also names her ex-bf Gavin Jones. Says he admitted he killed Mollie. @wqad #MollieTibbetts
8:35 AM · Jul 15, 2021·Twitter Web App

WATCH LIVE: IA v. Cristhian Bahena Rivera Hearing

 
Denise Hnytka @DeniseWQAD 1m
Chad Frese responding that the state had a report in May 2019 about a woman claiming she had been sex trafficked from Brooklyn, Iowa (2 months before MT disappeared). Says that info should have been disclosed pre-trial related to Rivera. @wqad #MollieTibbetts

Denise Hnytka @DeniseWQAD 9m
Frese: "There's something rotten in this area - this is not coincidental." Brown says its unconscionable to put the Xavior Harrelson investigation information into the public like this, trying to connect it to Mollie. @wqad #MollieTibbetts

Denise Hnytka @DeniseWQAD 9m
Judge says he will issue a written ruling on the motion to compel. @wqad #MollieTibbetts

Denise Hnytka @DeniseWQAD 4m
Motion hearing now set for the 7/27 on the motion for a new trial. @wqad #MollieTibbetts Judge's ruling on today's request expected to be in by end of the week.

Angenette Levy @Angenette5
Replying to @Angenette5
Brown says they are well aware of their obligations under Maryland v. Brady. He said this is newly discovered evidence. He said there is no evidence that corroborates the claims made by Maki. Nothing about a trap house, etc. @LawCrimeNetwork
7:48 AM · Jul 15, 2021·Twitter Web App

Angenette Levy @Angenette5 30m
Replying to @Angenette5
Brown: If they want the info they can go look for it. There's nothing under the law that requires them to do what the defense is requesting. @LawCrimeNetwork

Angenette Levy @Angenette5 28m
Replying to @Angenette5
Brown: We gave the defense much more info than they are claiming. We told them about the secondary location. Mr. Frese told me in front of witnesses this was inconsistent with what their client was saying. We offered to stop the trial. They have buyer's remorse @LawCrimeNetwork

Angenette Levy @Angenette5 25m
Chad Frese now speaking: They had a report in March 2019 that this young woman is walking along a highway and a state trooper picks her up and relays a horrifying story of being trafficked 2 months prior to Mollie Tibbetts disappearance. @LawCrimeNetwork

Angenette Levy @Angenette5 25m
Frese: there was a search warrant. They sat on that information for two years prior to trial. They did not provide that to us. @LawCrimeNetwork

Angenette Levy @Angenette5 21m
So here's what's going on: An IA prison inmate and the ex-gf of inmate Gavin Jones come forward within hours of one another, independently, saying "Gavin Jones said he killed Mollie Tibbetts." This happened the day the defense rested its case @LawCrimeNetwork

Angenette Levy @Angenette5 21m
Chad Frese: We think this is exculpatory. Something's rotten in this area
@LawCrimeNetwork

Angenette Levy @Angenette5 4m
Replying to @Angenette5 and @LawCrimeNetwork
Defense wants the entire day for a hearing on their motion for a new trial. Sounds like it may be held on July 27. They're working on firming up the date with court administration @LawCrimeNetwork

Angenette Levy @Angenette5 10m
State says they gave info to defense and offered to halt trial and defense didn't think it was legit. Now defense says we needed this info to defend our client and we learned new things. about alleged sex trafficker. Oy. What a mess. @LawCrimeNetwork

Angenette Levy @Angenette5 25m
Judge Yates is taking this under advisement. He understands both sides. Will have a written decision by week's end. @LawCrimeNetwork

Angenette Levy @Angenette5 1h
Defense wants the entire day for a hearing on their motion for a new trial. Sounds like it may be held on July 27. They're working on firming up the date with court administration @LawCrimeNetwork

@Angenette5· 17h
NEW: Prosecutors in IA oppose Cristhian Bahena Rivera's request for new trial based on an inmate coming forward and claiming another inmate confessed to killing Mollie Tibbetts. Hearing tomorrow AM. Read state's response:
Rivera Resist Mtn for New Trial.pdf (dropbox.com)
@LawCrimeNetwork

Aaron Keller @Aaron_Keller_ 29m
Prosecutors Say Defense Push for New Mollie Tibbetts Murder Suspects Is 'Unconscionable': 'We Resist Providing Anything'

Prosecutors Say Defense Push for New Mollie Tibbetts Murder Suspects Is 'Unconscionable': 'We...
"No evidence supports it. None. Zero. There's nothing there!" a prosecutor said in connection with defense theories that others were involved in Tibbetts' death.
lawandcrime.com

Denise Hnytka @DeniseWQAD 32m
I wrote a meaty summary of what happened in court today, the arguments and what comes next over on my FB page. @wqad #MollieTibbetts https://facebook.com/wqaddenise/
 
Last edited:
JUL 15, 2021
Judge considers new evidence in Mollie Tibbetts case
[...]

The prosecution said they resist everything the defense is asking for. They’re pointing to Bahena Rivera’s own testimony at the trial, which they say is not consistent with what the defense is bringing forward now.

Prosecutor Scott Brown said the state brought this alleged confession to the defense during the trial, and they chose to press forward.

Brown says Chad Frese admitted that the jailhouse confession was inconsistent with testimony.

Judge Yates said he understands the requests from the defense, as well as the state’s resistance. He said he expects to have a written ruling by the end of the week on the Motion to Compel.

Yates will now work with the state and the defense to set a date on the motion for a new trial. No sentencing date will likely be set until after the motion for a new trial hearing is held.
 
WQAD Denise Hnytka 37m ·

I want to lay out everything we know so far about the Mollie Tibbetts/Cristhian Bahena Rivera/Xavior Harrelson developments, as of today (7/15).
First and foremost, a jury convicted Cristhian Bahena Rivera of murdering Mollie Tibbetts in May. The jury ultimately believed that he followed Mollie, approached her while she was on her nightly run, and got angry that she threatened to call police. They believe he stabbed her and left her body in a cornfield, where she lay for 6 weeks. That has not changed. He still faces life in prison without parole. But his defense attorneys, Chad and Jennifer Frese are trying to get him a new trial, based on some new information.
The Freses also believe that new information includes a connection to a missing boy in Poweshiek County, 11-year-old Xavior Harrelson. At today's court hearing, they asked a judge to help expand on that information to back up their request for a new trial.
Here's the breakdown of their argument.
1. During Bahena Rivera's trial, an inmate came forward to report that he was told by a man named Gavin Jones that he (Jones) had killed Mollie Tibbetts. The inmate says Jones confessed he worked in concert with another unidentified man to kidnap Mollie, kill her, and then frame another man for the murder. Jones claimed he saw Mollie bound inside a "trap house" and that she was killed because the search for her "got too big, too quick". The state told the defense about the new development and offered to stop the trial to investigate. The Freses determined it wasn't enough at the time and the trial moved forward, ending in a conviction. The state says the Freses must now have "buyer's remorse" if they want to revisit the Jones story.
2. The defense would also learn about a second woman who had come forward that same day, with a similar admission. She also named Gavin Jones as the real killer of Mollie. The woman claimed she had dated Jones, and he confessed that he raped and killed Mollie.
The Freses believe these stories help corroborate what Bahena Rivera said to the jury on the stand - that he was kidnapped by two mystery men who killed Mollie, and they left him with her body. He admitted to the jury that he dumped her in the cornfield, and that's why he was able to lead police to her body when they questioned him.
So how does this lead to Xavior Harrelson? Keep reading.
3. The Freses say they should have learned about investigations into sex trafficking and so called "trap houses" when they were preparing for trial. They recently learned about a search of a home linked to a man named James Lowe. In their court filings, the Freses write that Lowe was alleged to have been operating a sex trafficking ring out of New Sharon, Iowa in the summer of 2018. The search warrant references a woman's report that she was held at a "trap house", tortured, and sexually abused. Lowe was also living with Sarah Harrelson at one point in 2019. Sarah is Xavior's mom. The Freses claim Lowe was among the last people to see Xavior before he disappeared. Lowe is in jail right now on federal gun charges.
Jennifer Frese sums it up like this: "Gavin Jones - trap house. Trap house - James Lowe - Xavior Harrelson."
The state rejects this theory. Assistant Iowa AG Scott Brown called it "unconscionable" that the Freses would bring Xavior Harrelson's name into the Tibbetts case. He stressed that Xavior is an open investigation, and no suspects have ever been publicly named. He also told the judge that it's not in the rules for the state to have to track down leads post-trial. He stands by the jury's conviction of Cristhian Bahena Rivera.
To be very clear, the names provided here were all read in open court, but these people are not charged in any way with anything that happened to Mollie or Xavior. We don't know where Xavior is, and there's still hope among many that he could be found alive. Orange ribbons in his honor were everywhere in Montezuma today, and his missing person posters are in every store window. It's also nearly 3 years to the day that Mollie Tibbetts disappeared - July 18, 2018. A big group of people was in court today to represent Mollie. They want peace too.
Next steps. The judge plans to give a written ruling by end of week regarding the defense request for new information (motion to compel). Regardless of how he rules, he is still planning to hear the request for new trial, scheduled for July 27th.
https://www.wqad.com/.../526-4732169d-1a4c-4174-ae13.
 
JUL 16, 2021
Iowa duo named as suspects deny involvement in Mollie Tibbetts' death

Two childhood friends named by defense lawyers as alternate suspects in the killing of University of Iowa student Mollie Tibbetts said Friday they had nothing to do with the crime.

Lawyers for Cristhian Bahena Rivera, the man convicted of killing Tibbetts, named Gavin Jones and Dalton Hansen as perhaps responsible for Tibbetts' 2018 stabbing death in court filings this week.

[..]

Reached by phone separately Friday by The Associated Press, Jones and Hansen said they had no involvement in Tibbetts' disappearance from her hometown of Brooklyn, about 50 miles west of Iowa City, or her violent death. They said they hadn't spoken with investigators but were eager to do so in order to clear their names.

"The cops haven't talked to me. No one has talked to me. You are the first person that has called me," said Jones, of Oskaloosa. "I wasn't involved in anything. I have alibis and everything. I am just waiting for someone to come talk to me."

He ended the interview without answering whether he had made prior statements about Tibbetts' death.
 
JUL 16, 2021
Fact check: Looking into Rivera's attorney's claims about missing children in Poweshiek County (kcci.com)
[...]

"There's something rotten in this community," Chad Frese, Rivera's attorney said. "We want to know why there's 10 missing kids in this area of the state that's getting glossed over that we think may have something to do with the disappearance of Mollie Tibbetts."

[...]

KCCI combed through pages and pages of the DCI's online database -- The Missing Person Information Clearinghouse -- and only found one currently active missing person case out of Poweshiek County, which is Xavior Harrelson's case.

So what about the other nine cases Rivera's attorney is referring to?

We reached out to the Iowa Division of Criminal Investigation -- they said they don't know where that number came from.

[...]
 
JUL 15, 2021
Prosecutor calls request for new trial by Mollie Tibbetts killer a 'fishing expedition' - ABC News (go.com)
[...]

Poweshiek County, Iowa, Judge Joel Yates said he will decide by the end of this week whether to force law enforcement agencies to allow the defense attorneys to review evidence in investigations that prosecutors say have no link to the Tibbetts case.

"We resist providing anything that they're asking for. There is no discovery post-trial," prosecutor Scott Brown, an assistant Iowa state attorney general, told Yates, calling the defense request "a fishing expedition."

"If they want to go and knock themselves out trying to find out all of this confusing information that has been presented to the court, go right ahead and do that," Brown said of the defense. "But there is nothing in the rules, nothing in the case law that compels the state to chase its tail because they're asking us to do it."

Yates has tentatively scheduled a second hearing for July 27 on the remaining part of the defense motion for a new trial.

[...]
 
Court TV @CourtTV Jul 19
A judge denied a motion by the defense of #CristhianBahenaRivera that aimed to release info about trafficking investigations. Two childhood friends of Bahena Rivera were implicated by the defense team last week, but both have denied involvement in the killing of #MollieTibbetts.

DCI says there is no connection between Harrelson, Tibbetts cases | weareiowa.com

July 20, 2021
7/20/21 Mollie Tibbetts Case: Juror Speaks to Court TV - Court TV

JUL 26, 2021
Cristhian Bahena Rivera Hearing: What to Expect - Court TV (Video)
 
JUL 26, 2021
Prosecution motions to nullify subpoenas in Bahena Rivera case
Prosecutors in the case against the man convicted of killing Mollie Tibbetts have asked the court to nullify several subpoenas requested by the defense, saying those requests are "overbroad and not related" to the case.

[...]

"This subpoena and any similar subpoenas are overbroad and not related to this case," the court document says. "The requests may also include otherwise privileged or sensitive law enforcement information relating to on-going investigations."

[...]

The prosecution's motion also says the court has already ruled the information subpoenaed to have "no relevance to or connection with the disappearance and murder of Mollie Tibbetts."

Bahena Rivera will be back in court Tuesday where his attorneys will argue for a new trial. All of the remaining motions from his defense team are all about tossing out the guilty verdict.

The defense says they will need a full day to present their evidence and call witnesses, one of those being a man who claims a former cellmate of his confessed to killing Tibbetts.
 
LIVE: Court hears arguments on Cristhian Bahena Rivera's motion for new trial
Scheduled for Jul 27, 2021

 
JUL 27, 2021
Hearing Tuesday on Cristhian Rivera’s motion for a new trial in Mollie Tibbetts’ murder | who13.com
[...]

A motion filed by the defense that affidavits in the case involving alleged abuse by Jones to an infant child and another claim of domestic violence be sealed to protect the identities of the victims has been approved by the judge.

The state has filed a motion to quash subpoenas the defense has made to multiple local law enforcement officers and agencies that are in relation to sex trafficking investigations. In its efforts to gain a new trial, the defense has claimed that Tibbetts’ murder is linked to sex trafficking and even said it could be connected to the disappearance of Xavior Harrelson. The judge has not yet ruled on this motion.

[...]
 
Denise Hnytka @DeniseWQAD 3m
Defense begins hearing by calling Deputy Joe Meyer. Says he took a call from a man last night, complaining of harassment by Sarah - Xavior's mother. Xavior is a missing boy from Poweshiek Co. Also indicated #MollieTibbetts had been seen by people at a trap house.

Denise Hnytka @DeniseWQAD 8m
My view in Media room next to courtroom. @wqad #MollieTibbetts



Denise Hnytka @DeniseWQAD 1m
Defense calls Arne Maki. Serving time for domestic violence. Getting out in December. He’s the inmate who came forward after Rivera testified at trial.b@wqad #MollieTibbetts





Kristin Rogers @KristinRogersTV 2m
The defense now calls Arne Maki, he's the prisoner that came forward during Bahena Rivera's trial and said that his cell mate told him that he is the one who killed #MollieTibbetts @KCRG

Denise Hnytka @DeniseWQAD 3m
Deputy says no one met with the caller, just talked on the phone yesterday afternoon. Long line of “he said, she said” information here. @wqad #mollietibbetts



Kristin Rogers @KristinRogersTV 5m
The defense calls Deputy Joe Meyer with Poweshiek County Sheriff’s Office. He says a man from the trailer park where Xavier Harrelson lived came forward last night saying Xavier's mom Sarah reported seeing #MollieTibbetts at a trap house in New Sharon. @KCRG

Denise Hnytka @DeniseWQAD 44s
Maki says he felt bad for Jones "a young kid (21yo) who needed some direction". They spoke about #MollieTibbetts "Yeah I killed her. The guy being charged for it right now, we set him up. A sex trafficking case gone wrong" Jones says he didn't believe it.
@wqad

Hunter Davis @HunterDavisNews 2m
I am in Iowa today as we hear a motion for a new trial in the case of #MollieTibbetts. The defense filed the motion in light of two people identifying a killer in the case that is not Cristhian Rivera - who was found guilty of her murder back in May.



Denise Hnytka @DeniseWQAD 4m
Maki served some time in Keokuk County Jail last summer, where he met Gavin Jones. Maki gave him $70 out of his inmate account to help him make bail. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 9m
On cross, Poweshiek Co. attorney Bart Klaver asks Maki if he knew that Gavin Jones was in a rehab facility in July 2018, then went to another set up under supervision. Seems to imply that Jones couldn't be involved in trap houses at the time #MollieTibbetts disappeared @wqad

Denise Hnytka @DeniseWQAD 14m
Maki says he gets nothing out of testifying today. No early release, money, promises, deals. 'Wanted to do the right thing" by testifying here. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 15m
Maki says Jones claimed investigators were getting closer and they had to get rid of #MollieTibbetts @wqad Maki assumed Jones was lying until he saw Cristhian Bahena Rivera testify at trial, clips on Fox News.

Denise Hnytka @DeniseWQAD 18m
Maki: Gavin Jones explained the concept of sex trafficking, how it worked, trap houses. Jones claimed Tama police were in on it. #MollieTibbetts @wqad

Kristin Rogers @KristinRogersTV 42s
The defense calls Agent Trent Vileta with the Iowa Division of Criminal Investigation. @KCRG He says they were getting around 100 tips per day in the #MollieTibbetts case.

Denise Hnytka @DeniseWQAD 2m
Defense now calling DCI Agent Trent Vileta. Testified at length in CBR trial. Special Agent in charge of #MollieTibbetts disappearance and murder. @wqad

Denise Hnytka @DeniseWQAD 5m
Judge excused Maki, who quickly said into the mic "just want to say my thoughts and prayers are with the Tibbetts family." #MollieTibbetts

Denise Hnytka @DeniseWQAD 8m
Maki says Jones claimed Mollie's body had been "cut up". Klaver points out that based on trial evidence, that's not true. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 2m
Agent Vileta discusses leads coming in, 100 per day while MT was missing. Looked into “just about everything” but shrugged off some “psychic stuff”. @wqad #MollieTibbetts



Denise Hnytka @DeniseWQAD 1m
Agent Vileta says he can't recall specific tips that Mollie was the victim of sex trafficking. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 50s
Another agent interviewed Mollie's friend, who "speculated" that she could have been the victim of sex trafficking. Agent Vileta says there was a lot of chatter because no one knew, lot of fears. Vileta seems agitated by this line of questioning. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 15s
Getting tense between defense attorney Jennifer Frese and Agent Vileta. Calls the allegations of sex trafficking "baseless". #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 15s
Defense says they are here to show #MollieTibbetts link to sex trafficking. Judge quips, "Go ahead and get there." @wqad
 
Wow -- thanks, thanks for all of the info -- what a lot of work for you, P-Mommy, but we all need to hear all that we can. I'm still chewing on it...
You are amazing! :D..:cool:
 
Denise Hnytka @DeniseWQAD 7m
Agent Vileta says there was no need to pay attention to sex trafficking allegations after CBR confessed, led them to the body and his story corroborated by the evidence. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 56s
On cross, Brown questioning Vileta about the trial evidence that connected CBR to the murder - his car on video, blood in trunk, confession that led to body. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 2m
Jennifer Frese: "What is a search warrant?" Agent Vileta: Repeats question, says "Wow", exasperated. And then answers. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 3m
Agent Vileta: "Cristhian Rivera killed Mollie Tibbetts." #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 6m
Agent Vileta says he never heard the names brought up in court today until 2 weeks ago. Were never part of the MT investigation #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 3m
Defense bringing Ron Pexa back up - implying he was the Tama County LEO who was in on the sex trafficking. Pexa's name mentioned often during trial. Lived near body location. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 1m
Asst. AG Brown objecting to nearly every question, based on relevance to the #MollieTibbetts case. Judge reminding defense we are here on MT, not XH case. @wqad #MollieTibbetts

Denise Hnytka @DeniseWQAD 1m
Judge getting impatient. "Miss Frese, I want to get where we need to go on this." #MollieTibbetts @wqad "We are spending too much time on XH than we are on this case. I want to get there."

Denise Hnytka @DeniseWQAD 10m
Defense calls Ben Johnston. Works for Mahaska County Sheriff, narcotics division. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 2m
Johnston investigated report of young woman picked up along the highway, claiming she had been sex trafficked out of a home in New Sharon, IA. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 8m
Ben Johnston says James Lowe is known to LE as being involved in drug trafficking. Lowe once dated Xavior's mother. Still had contact with Xavior. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 15s
Woman's sex trafficking report involves meeting James Lowe at a gas station in Brooklyn, IA. Says he bought her some gas, followed him to the New Sharon house. Claims she was shot up with drugs by James Lowe, kept there and couldn't leave. #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 38s
Johnston calls the woman "a willing participant" in going to the house, drug use and not an abduction like #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 31s
James Lowe never charged in relation to woman's report. Johnston agrees there was not enough credible evidence of sex trafficking/crimes. @wqad #mollietibbetts

Denise Hnytka @DeniseWQAD 1m
Court now in recess until 1:15pm #MollieTibbetts @wqad

Denise Hnytka @DeniseWQAD 13m
Court back in session. Next up is deputy from the IA County Sheriffs Office. Didn't catch his name. He followed a vehicle connected to James Lowe re: the disappearance of Xavior Harrelson. Lowe at some point flees on foot. Located an hour later. @wqad #mollietibbetts

Denise Hnytka @DeniseWQAD 12m
With that, defense rests. Judge says he will offer written ruling later on motion for new trial. @wqad #mollietibbetts

Denise Hnytka @DeniseWQAD7m
Judge says written ruling to come "as soon as possible". Don't know if that means today or this week. @wqad #MollieTibbetts

Court TV on Twitter (Video)
MOLLIE TIBBETTS: Arne Maki testifies that he heard another inmate, tell him he stabbed #MollieTibbetts to death and then set up #CristhianBahenaRivera for her murder. If this alleged confession came out in trial, would this have changed the outcome of the case?
 
AUG 2, 2021
Motion for new trial in Tibbetts case denied, sentencing at end of month (kcrg.com)
[...]

... Yates wrote that defendants are required to prove that the evidence was discovered after the trial, that it couldn’t have been discovered earlier, that it is material to the case, and that it may have changed the outcome of the trial.

Citing that the defense knew about the alleged confession by Gavin Jones, reported by Arne Maki and Lyndsey Voss, in at least some form, Yates determined that the defense did not satisfy the requirement that the evidence be discovered after the verdict was reached in the trial.

Yates continued to say that, even giving the defense the presumption that the alleged confession reports were discovered after the verdict, that the Jones confession would not have changed the outcome of the trial. He cited the discrepancies of Jones’ confession to Bahena Rivera’s description of the events on the night of Tibbett’s death as harmful to his credibility.

Yates said that Jones’ alleged state of being high on methamphetamine when confessing to Voss would have also undermined his credibility.

The order also rejected the claim that the jury was given poor jury instructions that gave Bahena Rivera an unfair trial, and that the verdict was reached contrary to the weight of the evidence. Yates wrote that the defense failed to prove their case in either argument.

Yates also addressed the secondary motion for a new trial, which involved connecting the Bahena Rivera case to the disappearance of Xavior Harrelson. Notably, the defense floated the name of James Lowe as potentially being involved in both cases. The order said that there was no material connection between the two cases, and that the defense did not present any evidence that invoking Lowe would have been relevant. Yates said that, even if presented, a connection to Lowe and the Harrelson case would likely not have changed the outcome of the murder trial.

[...]

RULING ON DEFENDANT’S MOTION FOR NEW TRIAL AND IN ARREST OF JUDGMENT
OROT-8.pdf (quincy-network.s3.ca-central-1.amazonaws.com)
 
AUG 2, 2021
Mollie Tibbetts case: Judge denies convicted man's request for new trial (fox10phoenix.com)
Judge Joel Yates' ruling cleared the way for sentencing to proceed Aug. 30 in the trial of Cristhian Bahena Rivera, who was convicted in May of first-degree murder in Tibbetts' death.

Judge denies new trial request in Mollie Tibbetts case | weareiowa.com
According to a court filing, Bahena Rivera's sentencing hearing is scheduled for Aug. 30 at 1:30 p.m. at the Poweshiek County Courthouse.
 
AUG 30, 2021
Full video: Mollie Tibbetts' mother gives victim impact statement | wqad.com

1748ebf4-d2fe-4f5c-b844-8c4c63c94351_1140x641.jpg


Mollie's mom Laura Calderwood is comforted in court while her victim impact statement was read in court. 8/30/21

Read the full statement below
Mr. Rivera, I come here today not because I feel the need to address you. However, I come here to give a voice to our daughter, granddaughter, sister, girlfriend, niece, cousin and friend Mollie Cecilia Tibbetts.

Mollie was a young woman who simply wanted to go for a quiet run on the evening of July 18 [2018] and you chose to violently and sadistically end that life.

I want to address the chain of events you set off on the morning of August 18 after you led authorities to Mollie's remains in a cornfield.

Do you know what it's like Mr. Rivera to be woken up by your youngest son Scott, telling you the sheriff needs to talk to us?

Scott and I stood at the entrance of our home where Sheriff Tom Kriegel and [Deputy] Matt Maschmann stood with tears in their eyes. It took them a minute to find the words to say, "We hoped for a different result. However, we found Mollie's remains today."

I thanked them for their service and they left because there was still a lot of work to be done.

I led Scott, whose eyes were burning with tears, to the living room and sat him down on the couch.

"Scott," I said, "I am so sorry. I'm going to call Aunt Billie over to the house to be with you because Mom has a lot of work to do."

Next, I needed to tell my son Jake.

Jake was in his apartment in Iowa City and I did not want him to hear that his sister was not coming home on the news. Knowing my sister Kim was headed to Iowa City for work, I called her and said, "Kim, they found Mollie's remains this morning, and I need you to pick Jake up and bring him home."

It was a race against the clock to notify all the people who care so deeply for Mollie that she was not coming home. It was very important to notify the people who cared deeply about Mollie, so they did not hear this on the news.

Imagine what it's like to call Mollie's father Rob, who resides in Fresno, California, and say, "Rob, I am so sorry to have to tell you this, but they found Mollie's remains this morning, and I need you to come back to Iowa."

Can you imagine Mr. Rivera, as a father, having Paulina's mother taken away from you and to have to tell your daughter that she will never come home?

However, the most difficult person to tell was Mollie's grandmother and my mother, Judy Calderwood.

Judy truly believed her granddaughter would be found alive, because who could harm such a beautiful, vibrant, young woman so full of life, and promise? Who could harm Judy's precious grandmother, let alone brutally murder her and dump her body in a cornfield?

This was heartbreaking news that needed to be delivered in person.

I entered my mother's home and she greeted me with a big smile and asked if I wanted a cup of coffee. There certainly was no easy way to tell her the news, however, it had to be done before her phone started ringing with loved ones sending their condolences.

I very quietly and softly said, "Mom, I have some bad news. They found Mollie's body this morning, but we know where she is now."

Judy Calderwood's unwavering faith had been brutally shattered by your senseless act of violence.

Can you imagine Mr. Rivera, sitting across the table from your madre, and telling her Paulina is never coming home?

I am aware that you know Ulysses Felix Sandoval and his family. Uly, as I call him, was a classmate and a friend of my son, Scott. Do you know Uly was at the press conference where authorities announced that you, Cristhian Bahena Rivera, had been charged with the murder of Mollie Tibbetts?

Uly immediately started crying, but knew that he needed to call his madre before she heard it on the news.

The Felix Sandoval family was devastated. How could this young man they fed and fostered be responsible for such a heinous crime? Do you know, Mr. Rivera, that Uly's parents had to leave Brooklyn because they were receiving death threats? Do you know Uly lived in our home for his last year of high school so he could finish the senior year and play sports?

However, Uly's parents did not get to experience his senior year with him because of your senseless act. Because of your act, your then-employer, Craig Lang, lost all his employees because those workers were afraid of what would happen to them. Because of your act, Dalton Jack will never get to give Mollie the engagement ring he had purchased for her. Because of your act, Mollie's father, Rob, will never get to walk his only daughter down the aisle. Because of your act Mr. Rivera, I will never get to see my daughter become a mother.

I do hope one day Paulina has the opportunity to become a mother, but how will she ever explain to her children who their grandfather is?

This is a legacy you left behind or your only child, Mr. Rivera. I don't know whose situation is worse.
 
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