Monday, January 20, 2020

Cristhian Bahena-Rivera: Iowa: False confession case: Breitbart News (Reporter John Bonder) reports that the illegal alien accused of murdering 20-year-old Mollie Tibbetts is sticking to his defense that his murder confession is void because he was sleep-deprived, a new motion filed in court details.


PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’ As  all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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PUBLISHER'S NOTE: "The Cristhian Bahena Rivera case has become heavily politicized, as reporter Luke Nozicka reports in The Des Moines Register, in a story headed 'Mollie Tibbett's father says daughter would not want to be face of immigration debate, published on September 1, 2018, which can be read at the link below: "After his daughter’s body was found and a man authorities say is an undocumented immigrant was charged with murder, some politicians immediately used Mollie's killing as a rallying cry for tougher immigration laws.........."After he read a guest column in the Register from Donald Trump Jr., the eldest child of President Donald Trump, Rob Tibbetts said he had to respond.  Trump Jr.'s column criticized Democrats' response to Mollie Tibbetts' killing and said the party seemed more concerned with "protecting their radical open-borders agenda than the lives of innocent Americans."  In a response published in the Register, Rob Tibbetts said his family was grateful to the politicians who heard his appeal and stopped using his daughter's death to promote agendas. But others did not, instead choosing to "callously distort and corrupt Mollie's tragic death," he said. Quoting Trump Jr.'s column, Tibbetts said it's "heartless" and "despicable."  President Trump and other politicians — including Iowa Gov. Kim Reynolds and both of Iowa’s Republican U.S. senators — have referenced the University of Iowa student's death to promote increased border security measures."
 https://www.desmoinesregister.com/story/news/2018/09/01/mollie-tibbetts-search-father-rob-tibbetts-illegal-immigration-cristhian-bahena-rivera-trump-jr/1171714002/

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "A motion filed by Bahena Rivera’s defense attorneys sticks to a defense witness’ claim that the illegal alien’s murder confession — in which he allegedly confessed to killing Tibbetts to local police — was merely in reaction to a lack of sleep. The defense is asking that the Iowa State Supreme Court intervene in a recent ruling in which District Judge Joel Yates said crucial evidence, such as portions of the confession and blood stains taken from Bahena Rivera’s car, would be admissible in court. In the motion, obtained by Fox News, the defense asks the Supreme Court to review allowing portions of the murder confession in court as they claim sleep deprivation caused Bahena Rivera to admit to Tibbetts’ murder. Also, the defense is asking for the trial to again be delayed at least until Tibbetts’ boyfriend, Dalton Jack, returns from his overseas deployment with the United States Military."

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STORY: "Illegal Alien Keeps ‘Sleep Deprivation’ Defense in Mollie Tibbetts Murder Trial," by reporter John Bonder, published by Breitbart News on January 19, 2020.

GIST: "The illegal alien accused of murdering 20-year-old Mollie Tibbetts is sticking to his defense that his murder confession is void because he was sleep-deprived, a new motion filed in court details. In August 2018, Cristhian Bahena Rivera, a 25-year-old illegal alien from Mexico, was charged with Mollie Tibbetts’ murder after police said he admitted to confronting and chasing down the young woman. Following a nationwide search, Tibbetts’ body was found in a cornfield in Poweshiek County, Iowa. The illegal alien lived in a region of Iowa that was surrounded by sanctuary cities, as Breitbart News noted. He worked on a dairy farm using a stolen ID and Social Security card after allegedly crossing the U.S.-Mexico border as a child. A motion filed by Bahena Rivera’s defense attorneys sticks to a defense witness’ claim that the illegal alien’s murder confession — in which he allegedly confessed to killing Tibbetts to local police — was merely in reaction to a lack of sleep. The defense is asking that the Iowa State Supreme Court intervene in a recent ruling in which District Judge Joel Yates said crucial evidence, such as portions of the confession and blood stains taken from Bahena Rivera’s car, would be admissible in court. In the motion, obtained by Fox News, the defense asks the Supreme Court to review allowing portions of the murder confession in court as they claim sleep deprivation caused Bahena Rivera to admit to Tibbetts’ murder. Also, the defense is asking for the trial to again be delayed at least until Tibbetts’ boyfriend, Dalton Jack, returns from his overseas deployment with the United States Military. Over the last year and a half, Bahena Rivera has successfully had the murder trial against him moved to February 2020 and had his trial moved after he claimed that the county where the trial was originally set to be heard had a population that was too white and not Hispanic enough. According to prosecutors, Bahena Rivera was the last person who saw Tibbetts jogging on the evening of July 18 in Brooklyn, Iowa. That is the night Tibbetts went missing. Bahena Rivera, according to police, said Tibbetts was jogging when he saw her. That is when he said he approached Tibbetts and started talking to her. After Tibbetts told Bahena Rivera that she would call the police if he did not stop following her, the illegal alien allegedly chased her and “blacked out” after this. Police believe Bahena Rivera stabbed Tibbetts to death and drove to a cornfield where prosecutors say he placed corn stalks over her to hide her body. The illegal alien has been held on a $5 million bond."


The entire story can be read at:
https://www.breitbart.com/politics/2020/01/19/illegal-alien-mollie-tibbetts-lack-of-sleep/

 PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

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