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.
Mollie Tibbetts update: Bahena Rivera denied new murder trial
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Mollie Tibbetts update: Bahena Rivera denied new murder trial
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