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Cristhian Bahena Rivera’s request for a new trial in the killing of college student
Mollie Tibbetts.
“In reviewing the evidence and testimony provided at trial, the court finds the verdict was not contrary to the weight of the evidence,” wrote Judge
Joel Yates in a filing obtained by The Associated Press.
Bahena Rivera, 26, confessed to investigators that he saw Tibbetts, 20, while she was out jogging, approached her, blacked out, and then hid her dead body in a cornfield, prosecutors said. At trial, his defense insisted this was a false confession. Bahena Rivera testified that two unknown men appeared in his living room armed with a knife and gun, forced him to drive to Brooklyn, Iowa under a threat to his daughter and ex-girlfriend, and had him drive with Tibbetts’s body in the trunk of his car. In other words, the defense argued Bahena Rivera was the fall guy and that his confession was false.
Brooklyn
Iowa
United-states
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Joel-yates
Associated-press
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Bahena s motion greatly downplays the discrepancies between his testimony at trial and the account that (new witness Arne Maki) reports he was told by Jones, Yates wrote. For example, the specific details about how Mollie Tibbetts was murdered are vastly different. Had both versions of events been presented at trial, the jury would have had to make a credibility determination not between the State’s witnesses and those of the defense, which is a typical scenario, but between the Defendant and his own witness, he added later.
Bahena s attorneys had also argued prosecutors failed to turn over favorable evidence in the form of a 2019 investigation into a man accused of sex trafficking in nearby Mahaska County. Prosecutors are obligated to provide any evidence favoring the defense under a U.S. Supreme Court case known as Brady v. Maryland.
Maryland
United-states
Chad
Brooklyn
Iowa
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Des-moines
Gavin-jones
Mollie-tibbett
Dalton-jack
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