XPost: alt.fan.states.iowa, alt.politics.immigration, alt.journalism.newspapers XPost: sac.politics
MONTEZUMA — A judge decided not to take any action on last
week’s arguments over subpoenas being improperly filed by the
defense for the man charged with killing University of Iowa
student Mollie Tibbetts in 2018.
The prosecution asked the judge to quash a subpoena for
Tibbetts’ bank account at Bankers Trust in Des Moines. They
argued the defense didn’t give prosecutors notice and that this
type of subpoena isn’t allowed because it isn’t connected to a
deposition or trial.
Assistant Iowa Attorney General Scott Brown also asked the court
to admonish the attorneys for first-degree murder defendant
Cristhian Bahena Rivera. He questioned whether Jennifer and Chad
Frese understood the rules.
Eighth Judicial District Judge Joel Yates, in his ruling, found
the motion moot because the bank account didn’t exist. The
defense revealed that fact during the hearing. Jennifer Frese
said the lack of notification was just a “clerical oversight”
and the prosecution received the notice after the fact.
“The court declines to issue an admonishment in this situation,”
Yates said in the ruling. “However, the court relies upon the
statements from counsel and expects the parties to follow our
procedural rules.”
During last week’s hearing, Frese didn’t explain why they sought
Tibbetts’ banking records, but in her written argument said they
were following up on an investigation started by the state into
Tibbetts’ bank records.
A tip was made to law enforcement Aug. 1, 2018, from a bank
employee that Tibbetts had set up a bank account just before her
death, Frese said. There also was information that a transaction
was made on the account at a tattoo shop after her death,
according to her written argument.
Frese said law enforcement didn’t follow up, so they were trying
to “fill the holes in.” She didn’t provide further details to
protect their trial 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 July 18, 2018, while jogging in her
hometown of Brooklyn, Iowa.
Her body was found Aug. 21, 2018, in a cornfield where Bahena
Rivera led authorities.
Bahena Rivera’s trial is set for May 17.
Comments: (319) 398-8318;
trish.mehaffey@thegazette.com
https://www.thegazette.com/subject/news/public-safety/judge- takes-no-action-in-attorneys-subpoena-dispute-over-mollie- tibbetts-banking-records-that-dont-exist-20210203
--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)