MONTEZUMA – A judge has decided not to take action against last week’s arguments that subpoenas were improperly filed by the defense for the man charged with the 2018 murder of University of Iowa student Mollie Tibbetts.
The prosecution asked the judge to cancel a subpoena on Tibbett’s bank account at Banker’s Trust in Des Moines because the defense did not notify the prosecutor and this type of subpoena was not allowed as it was not associated with a deposit or trial.
Iowa Assistant Attorney General Scott Brown also urged the court to reprimand Cristhian Bahena Rivera’s attorneys on trial first degree murder to prevent this from happening again as he questioned whether Jennifer and Chad Frese would die Understand the rules.
The eighth district judge Joel Yates in his ruling found the motion in dispute because the report did not exist, which the defense revealed during the hearing. Jennifer Frese said during the hearing it was just a “spiritual oversight” and the prosecution received the notice afterwards.
“The court is refusing to issue a warning in this situation,” Yates said in the ruling. “However, the court relies on the attorney’s testimony and expects the parties to abide by our procedural rules.”
During last week’s hearing, Frese did not explain why they were looking for Tibbetts ‘bank records, but did say in their written argument that they were pursuing a state-initiated investigation into Tibbetts’ bank records.
A bank clerk gave law enforcement a notice on Aug. 1, 2018 that Tibbetts opened a bank account shortly before her death, Frese said. There was also information that after her death, a transaction was made on the account of a tattoo shop after her death.
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Frese said law enforcement officials were not following up, so they tried to fill in the gaps in the investigation. She did not provide any further details to protect her litigation strategy, she said.
Bahena Rivera, 26, a Mexican national living illegally in the United States, is accused of fatally stabbing 20-year-old Tibbetts, who went missing while jogging in her hometown of Brooklyn, Iowa, on July 18, 2018.
Her body was found on August 21, 2018 in a grain field where Bahena Rivera was leading authorities.
The trial of Bahena Rivera is scheduled for May 17th.
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