Prosecutors accuse defense of filing illegitimate subpoenas in Mollie Tibbetts case for 'fishing expedition'

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Prosecutors in the murder case against the man charged with
killing University of Iowa student Mollie Tibbetts are accusing
the defense of attempting to hide a subpoena meant as a “fishing
expedition” of Tibbetts’ banking records.

Prosecutors weren’t aware of the subpoena until after it had it
had been served on Bankers Trust in Des Moines and returned to
court records Jan. 21, according to a motion filed Tuesday by
Assistant Iowa Attorney General Scott Brown.

Defense attorneys for Cristhian Bahena Rivera, charged with
first-degree murder, directed the subpoena, which was issued
Jan. 15 by the Poweshiek County Clerk, Brown said.

The defense didn’t give notice to the state, according to the
motion, and didn’t enter it in the court’s filing system, “which
would suggest that the intent of the defense was to keep the
existence of the subpoena from the state and court,” Brown said.

“On its face, the subpoena appears to be a fishing expedition
into the confidential banking records of Mollie Tibbetts, who is
not a witness or party and is the person the defendant is
charged with killing,” Brown said.

Defense attorneys didn’t ask or receive approval by the court
for the subpoena, which is required, and there is no trial
witness from Bankers Trust listed by the prosecution, according
to the motion.

Brown said subpoenas for records outside the context of a
deposition or trial are prohibited in criminal cases. There
isn’t a “records-only subpoena” in a criminal case — subpoenas
are authorized only for witnesses to appear at a deposition or
trial.

According to Iowa law, a defendant can’t obtain “routine”
pretrial access to records of non-parties and anyone who is not
a witness unless ordered by the court, the motion states.

The prosecution wants a court order quashing the subpoena and an
order admonishing the defense from issuing subpoenas not
connected to a deposition or trial; as well as direction to not
issue subpoenas without giving notice to the prosecution and
without court approval, according to the motion.

Brown also wants the defense to assure the prosecution that no
other subpoenas like this have been issued, or if they have to
be disclosed.

Eighth Judicial District Judge Joel Yates has set a video
hearing on the motion for Thursday.

Bahena Rivera’s attorneys, Chad and Jennifer Frese, have not
filed response.

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.

Authorities, during a hearing last November, said Bahena Rivera
admitted to driving past Tibbetts on July 18, 2018, while she
was jogging, then getting out of the car and chasing after her.
Tibbetts threatened to call the police, authorities said, which
angered Bahena Rivera.

Investigators obtained a surveillance video from a homeowner in
Brooklyn that captured images of a jogger they believe was
Tibbetts, which shows Bahena Rivera’s vehicle, a black Chevrolet
Malibu with distinctive chrome handles and mirrors, passing by
her, according to testimony.

Bahena Rivera told authorities he “blocked his memory” but later
found Tibbetts’ body in the trunk of the Malibu. He hid her body
in the cornfield, according to testimony.

The state medical examiner’s report determined Tibbetts died of
“multiple sharp force injuries.”

A murder trial is set for May 17.

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tibbetts-subpoena-fishing-expedition-cristhian-bahena-rivera-
20210127