DES MOINES, Iowa – A justice connected Monday rejected a convicted man's petition for a caller proceedings successful the 2018 sidesplitting of University of Iowa pupil Mollie Tibbetts, whose assemblage was recovered successful a cornfield weeks aft she disappeared portion retired for a tally adjacent her tiny hometown.
Judge Joel Yates' ruling cleared the mode for sentencing to proceed Aug. 30 successful the proceedings of Cristhian Bahena Rivera, who was convicted successful May of first-degree execution successful Tibbetts' death. The erstwhile farmhand, who came to the U.S. illegally arsenic a teenager, faces a condemnation of beingness successful prison.
Yates rejected efforts by Bahena Rivera’s attorneys to implicate others, saying overmuch of the grounds they presented aft helium was convicted was known to them earlier the verdict was handed down. To assistance a caller trial, immoderate further grounds would person to beryllium caller and revealed aft the verdict, helium wrote.
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The justice besides said galore of the caller allegations conflicted with proceedings testimony and grounds presented by Bahena Rivera’s ain witnesses.
“In reviewing the grounds and grounds provided astatine trial, the tribunal finds the verdict was not contrary to the value of the evidence,” Yates wrote.
During questioning by police, Bahena Rivera acknowledged that helium encountered Tibbetts arsenic she was moving adjacent her tiny eastbound Iowa hometown of Brooklyn and helium led investigators to the tract wherever her assemblage laic hidden nether cornstalks.
But during his trial, helium claimed publically for the archetypal clip that 2 masked men kidnapped him astatine gunpoint from his trailer, forced him to thrust to wherever Tibbetts was moving connected a agrarian road, killed her, enactment her assemblage successful his trunk and made him dispose of it. He said helium didn’t archer investigators astir the 2 men earlier due to the fact that they had threatened to termination his ex-girlfriend and young daughter.
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Bahena Rivera was to beryllium sentenced past month. But toward the extremity of the grounds information of his trial, 2 caller witnesses came guardant independently of 1 different and told constabulary that a section 21-year-old antheral told them helium had killed Tibbetts. Defense lawyers requested a caller proceedings based connected that and different recently discovered information, and Yates agreed to postpone sentencing portion helium considered their request.
At a proceeding past week, Bahena Rivera’s lawyers sought to nexus Tibbetts’ decease to different young woman’s study of having been kidnapped and sexually assaulted astatine an country location utilized for enactment trafficking successful the summertime of 2018, and the caller disappearance of an 11-year-old lad from the aforesaid county. A 50-year-old suspected methamphetamine trader has been investigated successful some cases but hasn’t been charged successful either, and prosecutors accidental helium has nary ties to Tibbetts.
Prosecutors person said they were assured that Bahena Rivera killed Tibbetts and they pointed retired that his ain relationship of what happened didn’t align with what the 2 caller witnesses told police.
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