Des Moines, Iowa-Judge Last Week Cristhian Bahena Rivera’s lawyer rejected request for investigation A 20-year-old Iowa college student, Molly Chibets, went missing in 2018 and was later found dead in a kidnapping and sex trafficking case in the surrounding area.
Bahena was convicted of a Tibetan kidnapping and puncture wound in a May murder. He was supposed to be sentenced to life imprisonment on Thursday, But the judge delayed it After a Bahena lawyer last week filed a series of allegations accusing prosecutors of refraining from information that could help clients liquidate, claiming new evidence.
At a hearing on Thursday, lawyers Chad and Jennifer Phrase said they had come forward during his trial, claiming that a third person, Gavin Jones, had confessed to killing Tibet. ..They reported that these reports were a 2019 sex trafficking survey in nearby Mahaska County, and perhaps 11-year-old Xavior Harrellson disappeared in May in Poweshiek County..
Judge Joel Yates agreed to consider Frese’s motion to force prosecutors to submit information from these investigations, saying he would make a decision by the weekend. The prosecutor opposed the request, stating that the request was procedurally inadequate and there was no evidence to link the Tibetan case to any of the requested information.
At his order on Friday, Yates denied the motion, determined that the defense demand was “too broad,” and lacked ties to Tibet and Bahena.
“The new proceedings are not an opportunity for the defendant to investigate a third party unrelated to the proceedings,” Yates wrote.
Regarding the newly suspected Jones, Yates pointed out that he was already moving to a new trial based on the new evidence that Frese claimed to have.
“Further evidence about Jones will be a fishing expedition,” he wrote.
Bahena’s allegations of a new trial to be heard at an all-day hearing on Tuesday, July 27, remain outstanding. The prosecutor also wrote in court filings claiming new evidence and was actually known before the verdict. Appearing in Bahena’s trial, his lawyer declined the offer to suspend the procedure and investigate further if the opportunity arises.
If the petition for a new trial is dismissed, Bahena’s decision will be rescheduled after that date.
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This article was originally published in The Des Moines Register: Molly Civetz murder judge denies defense to force