PASSAGE ONE OF THE DAY: "Judge Joel Yates now must decide whether to require the state to share details about several investigations that defense attorneys believe could be related to Tibbetts' death. Defense attorneys Chad and Jennifer Frese claimed that new witnesses have identified new possible suspects and alleged the state failed to disclose information about other cases they believe to be similar to Tibbetts' disappearance — a charge prosecutors vehemently deny."
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PASSAGE TWO OF THE DAY: "On Thursday, the Freses laid out a chain of facts and inferences connecting the Tibbetts case with the disappearance this spring of Montezuma's Xavior Harrelson, who turned 11 years old several days after he went missing, as well as a 2019 investigation into allegations of sex trafficking in Mahaska County. The defense believes information from those cases could bolster Bahena's defense. "I think it would be preposterous to believe the Cristian Bahena and Mollie Tibbetts names did not come up in the Xavior Harrelson investigation," attorney Jennifer Frese told the judge. "We have two people that went missing in incredibly small towns, and all we’re asking is Mr. Bahena be given a fair shot — that, through his attorneys, we be allowed to look at this information." During his trial, Bahena testified that two masked men had forced him at gunpoint to help them find, kidnap and kill Tibbetts on a rural road near Brooklyn, Iowa. According to court filings and Thursday's arguments, two people, Arne Maki and Lyndsey Voss, independently contacted law enforcement on May 26 after hearing about Bahena's testimony. Both claimed that a third person, Gavin Jones, had told them he'd been the one to kill Tibbetts. Maki, who is currently incarcerated, told jail officials Jones made the incriminating statements when they were previously held together at the Keokuk County Jail. Voss was previously in a relationship with Jones."
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PASSAGE THREE OF THE DAY: "Then on Tuesday, the Freses say, they learned about the 2019 investigation into allegations that a man named James Lowe had been involved in sex trafficking out of his New Sharon home, less than 30 miles from Brooklyn. Not only are the details of that case reminiscent of the Tibbetts case, they say, but the allegations against Lowe match some of the details Jones reportedly shared with Maki. The investigation did not result in any charges against Lowe. Now, the defense is asking the court to force prosecutors to share details of any sex trafficking investigations in Poweshiek or surrounding counties, as well as any investigations into Lowe and Jones. Iowa Assistant Attorney General Scott Brown emphatically objected to the request. The state is obligated to provide evidence that might prove a defendant's innocence if it learns of it — even after a trial — but is under no obligation after a trial to go looking for it, he said."
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STORY: "Cristhian Bahena Rivera was to be sentenced Thursday for Mollie Tibbetts' murder. Instead his attorneys offer new spin on case," by Reporter William Morris, published by The Des Moines Register on July 15, 2021.
SUB-HEADING: "Court schedules a hearing to consider defence attorney's motions for a new trial for Tuesday, July 27."
GIST: "Thursday's gathering at the Poweshiek County Courthouse was intended to mark the end of the yearslong search for justice for Mollie Tibbetts.
This was the day that Cristhian Bahena Rivera, convicted in May of Tibbetts' 2018 murder, had been scheduled to be sentenced to life in prison without the chance for parole. Instead, after a week in which nearly every day brought new court filings with new surprises, the judge heard arguments over possible new evidence and said he would rule by week's end on a defense motion demanding additional information from prosecutors.
Another hearing is set for later this month to hear arguments for a new trial. If his conviction stands, no new sentencing date has yet been set.
Judge Joel Yates now must decide whether to require the state to share details about several investigations that defense attorneys believe could be related to Tibbetts' death. Defense attorneys Chad and Jennifer Frese claimed that new witnesses have identified new possible suspects and alleged the state failed to disclose information about other cases they believe to be similar to Tibbetts' disappearance — a charge prosecutors vehemently deny.
Tibbetts' family, many of whom attended Thursday's hearing, would have had the opportunity to speak at a sentencing hearing. They have largely declined to speak with the media since the early days of the case, and her parents did not respond to messages Wednesday seeking comment on the sentencing's postponement.
Defense suggests Tibbetts was kidnapped for sex trafficking:
On Thursday, the Freses laid out a chain of facts and inferences connecting the Tibbetts case with the disappearance this spring of Montezuma's Xavior Harrelson, who turned 11 years old several days after he went missing, as well as a 2019 investigation into allegations of sex trafficking in Mahaska County. The defense believes information from those cases could bolster Bahena's defense.
"I think it would be preposterous to believe the Cristian Bahena and Mollie Tibbetts names did not come up in the Xavior Harrelson investigation," attorney Jennifer Frese told the judge. "We have two people that went missing in incredibly small towns, and all we’re asking is Mr. Bahena be given a fair shot — that, through his attorneys, we be allowed to look at this information."
During his trial, Bahena testified that two masked men had forced him at gunpoint to help them find, kidnap and kill Tibbetts on a rural road near Brooklyn, Iowa. According to court filings and Thursday's arguments, two people, Arne Maki and Lyndsey Voss, independently contacted law enforcement on May 26 after hearing about Bahena's testimony. Both claimed that a third person, Gavin Jones, had told them he'd been the one to kill Tibbetts.
Maki, who is currently incarcerated, told jail officials Jones made the incriminating statements when they were previously held together at the Keokuk County Jail. Voss was previously in a relationship with Jones.
Then on Tuesday, the Freses say, they learned about the 2019 investigation into allegations that a man named James Lowe had been involved in sex trafficking out of his New Sharon home, less than 30 miles from Brooklyn. Not only are the details of that case reminiscent of the Tibbetts case, they say, but the allegations against Lowe match some of the details Jones reportedly shared with Maki. The investigation did not result in any charges against Lowe.
Now, the defense is asking the court to force prosecutors to share details of any sex trafficking investigations in Poweshiek or surrounding counties, as well as any investigations into Lowe and Jones.
Iowa Assistant Attorney General Scott Brown emphatically objected to the request. The state is obligated to provide evidence that might prove a defendant's innocence if it learns of it — even after a trial — but is under no obligation after a trial to go looking for it, he said.
"They want to go and knock themselves out trying to find out all this confusing information that’s just been presented to the court? Go right ahead and do it," Brown said. "There is nothing in the rules, there’s nothing in the case law, that compels the state to chase its tail because they want it."
Brown also criticized the defense for sharing details of active investigations when they made their court filings. In addition, Brown said they had the chance to request a continuance during Bahena's trial in May, when new witnesses first emerged, and they had declined.
"We provided them enough detail that they knew, because Mr. Frese told me in front of witnesses that what we were telling them was inconsistent with what they testified to," Brown said. "They’ve got buyer's remorse when it comes to this information."
But Chad Frese disagreed with Brown's characterization. By his account, it was only after the verdict that the defense saw a written report with the full details of Maki's report, and they didn't learn about Voss' report at all until the trial was over.
Had they known two new witnesses had independently named the same person as a suspect, "you bet your pants we would have said 'Stop, we need to run it down,'" Frese argued.
More broadly, he said, a number of disappearances in the area in recent years beyond Tibbetts and Harrelson demand further investigation.
"There’s evidence here that 10 kids in this area have gone missing," he said, clarifying to reporters afterward that most of those children have gone missing in the last few years from Wapello, Poweshiek, Mahaska and Keokuk counties. "There’s something rotten in this area, and they don’t want to provide us anything."
Speaking to reporters after the hearing, Jennifer Frese even suggested Harrelson's disappearance might be directly linked to the Tibbetts trial.
"Think about if you were the man that killed Mollie Tibbetts, and you watch the trial that doesn't link you whatsoever. What better time for somebody's ego to be out of control, and what better time to commit another crime?" she said. "It is no coincidence that this boy was abducted the same time this trial wrapped up, the same time Cristhian Bahena Rivera testified."
The entire story can be read at:
https://www.desmoinesregister.com/story/news/crime-and-courts/2021/07/15/mollie-tibbetts-murder-cristhian-bahena-rivera-evidence-hearing-life-in-prison-sentencing-delay/7967324002/
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;
