Crimeatorium - The Murder of Mollie Tibbetts: Court Trial Part 8 of 8

Episode Date: July 2, 2026

Mollie Cecelia Tibbetts was born on May 8, 1998, in San Francisco, California, and raised in both San Francisco and Brooklyn, Iowa. She graduated from BGM High School in 2017 and was pursuing a degree... in psychology at the University of Iowa, driven by her dream of becoming a child psychologist to help children struggling with mental health issues.Mollie loved life, and it showed in everything she did. She excelled in writing and speech, sharing her thoughts on complex topics like mental health and self-esteem. She made friends everywhere she went, and children adored her. She worked at a summer camp where her laughter and warmth left a lasting impression. She was a runner, a dancer, an actor, and a singer. But above all, Mollie was a young woman filled with kindness, ambition, and an undeniable joy for life.In July 2018, Mollie disappeared while on an evening jog near her hometown of Brooklyn, Iowa, sparking a massive search effort that united the community and drew nationwide attention.This episode covers the court trial, edited for length and clarity.Music:CO.AG Music https://www.youtube.com/@co.agmusic1823If you have a case suggestion for Crimeatorium, please send it to crimeatorium@gmail.com. :)

Transcript
Discussion (0)
Starting point is 00:00:00 Welcome to True Crime Stories with Crime-a-Trorian. Mr. Fries, at this time you may give your closing on behalf of Mr. Behina. Thank you, Your Honor. May it please the court. Counsel. Mr. Brown, Mr. Klaver, Molly Tibbetts is truly an innocent victim. She was absolutely an innocent victim here, no doubt about it. This young woman was a spectacular young woman. She was destined to do great things. She was destined to become the change that she wanted to see in the world. She was just about to spread her wings and fly. We acknowledge that. We sympathize with her family.
Starting point is 00:00:54 we offer empathy to them. This young lady was on her way to being someone special. No doubt about it. Absolutely no doubt about it. The loss of Maui Tibbetts is tragic. Absolutely tragic. And the reason I mention that is because the loss of someone like that can evoke a lot of emotion. And it has evoked emotion. And that can be a problem when you are sitting as a juror. Because when you're sitting as a juror, emotions have no place in that deliberation room. You don't decide this case based upon emotions. You don't decide this case with emotions tugging at your heartstrings. It's not your job to right a wrong.
Starting point is 00:01:40 It's not your job to impart vengeance. It's not your job to bring justice for Molly. She deserves justice, absolutely. It's not your job. Your job is to do justice, period, full stop. Your job is to provide a logical, analytical, almost surgical and mechanical application of what you heard here and the instructions, and that's it. The analysis is simple. The analysis is not whether you go back in that room and decide, I think he did it. The analysis is much, much different than that. The analysis is whether this table and the people from this table, the government of this state of Iowa,
Starting point is 00:02:29 and the people hired by the government of this state of Iowa, and the resources they've produced have brought forth enough evidence to prove this case and each and every element of the charge beyond a reasonable doubt. That is a huge standard, folks. That is a high standard, and you cannot forget that, and you must keep that in the forefront of your mind. It must be right here all the time. You can't be swayed by emotion.
Starting point is 00:03:03 You can't let pictures and emotions of those pictures get to you. You must be logical, and you must do your job. Judge Yates has told you that. I'm reminding you of that. I'm not talking at you about it. I'm just cautioning you because that's what justice is. Justice is have they done their job and proven Christian Bahena guilty beyond a reasonable doubt. Have they proven that man, that young man there, is he a murderer? Have all the elements of murder in the first degree of that young man in the middle been proven. Like I said, Maui Tibbets deserves justice, but so does Christian Behena.
Starting point is 00:03:47 He deserves justice, and your job is to find the truth, judge the facts, and do justice. Now, let's set the stage. It's important that you know all the facts, okay? It's important that you understand where we were in July 2018. A lot of time has passed since July 2018. We've lived through a pandemic. Some of us have lived through tornadoes, derechoes. Just a lot of time has passed. But this case is much, much different than any case I would submit that you have ever heard. Within a couple days of Molly's disappearance, the Iowa Division of Criminal Investigation is on scene. Agent Trent Villada is there, and the investigation begins. Shortly thereafter, the Federal Bureau of Investigation is on scene. A number of local law enforcement
Starting point is 00:04:39 agencies are on scene. In Brooklyn, Iowa, a town of 1,400 people, Homeland Security shows up in Brooklyn, Iowa for a missing 20-year-old girl. Use your common sense. Use your experience. When's the last time something like that has happened? It was a circus in Brooklyn, Iowa. Media was everywhere. You heard Agent Villa talk about the media that was there. you heard him talk about this reward that was just skyrocketing. That doesn't happen here in Iowa. Your experience tells you that. Your common sense tells you that. For a missing 20-year-old jogger, we didn't even know that she was dead yet. We didn't know she was picked up off Interstate 80 and abducted. We didn't know anything about that. But like Agent Villita said, within five to seven
Starting point is 00:05:23 days, he had the, quote, unlimited resources of the federal government with the FBI. Think about that. Think about that. That is unprecedented. Unprecedented. Now why do I tell you that? I tell you that because I want to harken back to Mr. Claver's opening statement. In his opening statement, he said that the DCI comes in town and they kick off an extensive investigation. He tells you the DCI is in town, the FBI is in town, Homeland Security is in town, and every lead came up empty after what he called exhaustive and intensive investigations. Four weeks, you heard they were canvassing, they were searching everywhere. You saw the map with all the red dots, and they had nothing, okay? Imagine the pressure to close this case.
Starting point is 00:06:17 imagine the pressure to put this case to bed because that's the context in which this arrest and this charge happened every lead mr claver said in his opening came up empty absolutely right some of the investigation was sloppy but it really got sloppy when christian bahena rivera got targeted because folks what happened here was they closed a case they didn't solve a case to coin a phrase from Agent Villada. In his mind, Christian Bahena cleared Rod and Pexa. I would expand on that.
Starting point is 00:06:53 In his mind, Christian Bahena closed the case. Good enough for them. Let's close the case, shut the book, get everybody out of here, and we're done. But they didn't solve the case. They didn't get enough evidence to prove this case beyond a reasonable doubt.
Starting point is 00:07:09 Mr. Claver, in his opening statement, also told you that they found a video of the Malibu. that was good police work that was good police work we're not going to suggest to you that Christian Bahena's Rivera's Malibu was on that video that was him he testified to that you saw him on the stand or that was him driving that car we'll give you that absolutely was him he said that Miss Tibbitt's blood was in Christian's Malibu in the trunk that's true too we aren't going to dispute that at all he didn't mention to you that there was a mixture of blood in the trunk
Starting point is 00:07:42 And they talked about Christian's quote-unquote admissions, or what Mr. Brown called a confession, which we wholeheartedly disagree with. What is missing in this case? That's really what you've got to look at. What is missing? Because there's a lot missing in this case. We don't have a murder weapon. No murder weapon ever was discovered in this case. And it wasn't for lack of looking, at least as it pertains to Christian Bahena-Rivera, okay?
Starting point is 00:08:11 They found a folding knife at his trailer. They sent it into the DCI lab, tested it. No blood. No blood. They found another knife, black knife. Sent that in. No blood. Nothing. However, think way back to when Tara Scott talked about her initial crime scene analysis. Remember, she went to 622 West Des Moines Street a couple days after Molly went missing. They sent the DCI crime scene team up, and they looked at the home at 622 West Des Moines Street,
Starting point is 00:08:42 and they looked at it very, very closely. And what did she note? She noted in the hallway there was a gun safe with a number of guns in it. But of particular note was a loaded pistol, a loaded pistol, in a little cabinet hanging on the wall with several knives, hunting-style knives. Some of them were folding knives. Bet you if they wouldn't have looked, they may have found them with a camouflage handle. But they didn't bother to look.
Starting point is 00:09:12 Why? Because they'd already made up their mind. We'll get to more of that later. What else don't they have? They don't have a primary crime scene. They don't have a primary crime scene. Where was Molly Tibbetts killed? Was she killed on 385th Street?
Starting point is 00:09:25 Did someone stab her 9 to 12 times along the blacktop where she was jogging? Someone stab her in the throat or do the slashing motion of the throat and stab her several times in the rib and then penetrate her skull on 385th Street where you heard about where all these houses are and the cars that were traveling out there and they talked to darn near, I would submit, everyone on 385th Street and they didn't find one piece of evidence, not any blood. They had it narrowed down. We saw the map of the cell phone technology.
Starting point is 00:09:59 They had a pretty small window as to where they'd find something. They send any type of canines out there to find blood. Oh, the weather was bad. I forgot. It was humid. It was hot. It had rained. I mean, they have an excuse for every piece of evidence they don't have,
Starting point is 00:10:18 but they don't have a primary crime scene. Or was she killed on the 460th Avenue address? Did someone take her 430 feet back in this location and kill her there? We don't know. what investigation did they do to find a primary crime scene next to the cornfield or was she killed right there in the cornfield i highly doubt that i highly doubt someone killed her right in the rows of corn and there wasn't some other evidence there to establish that we don't have a primary crime scene we'll tell go pass it off and explain it away by oh it's been five weeks
Starting point is 00:10:53 the weather was bad, the corn was tall you know, they'll find an excuse for everything that's not Mr. Bahena's problem, that's their problem they have to prove it, not him okay, they had the unlimited resources of the federal government, they had drones up in the air, they brought a guy in from Dayton, Ohio for the sole purpose
Starting point is 00:11:17 of analyzing the data from one cell phone, and that's the evidence they put on here. They had unlimited resources. Unlimited resources. Mr. Claver told you in the opening statement, his sheriff was up flying around in a helicopter, and they can't even tell you where she was killed. No evidence come off that stand as to where she was killed. None. No forensic evidence at all. They don't have an eyewitness. They have no witnesses. Zero. None. They talk about a confession. We're going to get to that in a little bit, but we dispute greatly that what they attribute to Christian Bahena as a statement can be characterized as a confession. Absolutely cannot be. Absolutely cannot be.
Starting point is 00:12:06 Motive. Now, motive, Mr. Brown talked about, but you really have to use your common sense here, folks. You really got to think about this one. This man, this man right here, five foot, seven inch, 125 pound illegal immigrant, undocumented immigrant, gets angry at Molly Tibbetts, who he had never met before, who he was trying to get to know, if you believe that story, and resorts to killing her, stabbing her nine times. or maybe 12, three more times, because he's angry. The only evidence they have of his anger is the story he gave Pamela Romero. The evidence we do have about Christian Bahena is that he's not an angry man,
Starting point is 00:12:59 that he's not violent, that he's a family man, he's hardworking. He came to this country for a reason, and you can bet he wanted to stay in this country. And the concept that he got angry and killed a woman who he had just met defies any logic. Folks, we've all been rejected in our lives. We've all perhaps have walked up to someone, had the courage to ask them on a date, or had the courage to try to get to know someone and been told no. May have been told no in an epic way, been embarrassed by that person. Common sense tells you that you aren't going to just stab that person, let alone a person like Molly Tibbetts. It makes no sense. They have no motive as to why this man would commit that act.
Starting point is 00:13:49 And then they have no scientific evidence that connects him to the killing. They want to talk about the trunk. They want to talk about the cornfield. Both of which, we admit, having her in the trunk and putting her in the cornfield does not mean he killed her think about that the burden of proof is on the state to prove all that and that folks look at what's missing is a reasonable doubt what is a reasonable doubt the reasonable doubt long and short of it is the judge will tell you that if after a fair and full consideration of all the evidence, or lack, lack of evidence, okay, if they don't produce the evidence, that's just like evidence you can consider.
Starting point is 00:14:41 Lack of evidence produced by the state. Mr. Bahena doesn't have to produce anything. He doesn't have to tell the state anything when he has the opportunity. He doesn't have to, when he's questioned, tell the state about these two masked men. It's not his obligation. It's their obligation to prove it. Don't let him shift anything. Don't let him oversimplify and make it sound like he has to do anything. Their burden. You have to be firmly convinced of his guilt as to each and every element, all four, in order to convict him. If not, you must find him not guilty. Now, what does firmly convinced mean? Good question. You're not going to find anywhere are in those instructions where it's defined what firmly convinced means you
Starting point is 00:15:28 have to determine for yourself what that means I would suggest to you that in your deliberations to be firmly convinced you're going to need to know that Christian Bahena did this you can't just think he did this you must know that based upon the evidence that they have produced that he killed Molly Tibbetts that he committed this crime and the state has proven these elements you best know you best not think that's the difference between whether or not you're firmly convinced instruction 14 defines murder in the first degree element number two is that Molly Tibbets died as a result of being stabbed we
Starting point is 00:16:04 admit that there's no doubt about that somebody stabbed her and as a result of those stab wounds she's dead no problem but the state has monumental issues with one three and four monumental issues we'll go through those element one what evidence has the state produced to prove element one they have a drop of blood on the trunk seal and look at that photo the drop of blood is a centimeter and it's small okay they have her DNA in the trunk and her body in the cornfield that Christian took him to okay all facts that we don't dispute he testified to that but what must you believe to establish element number one you must
Starting point is 00:16:56 believe the testimony of Pamela Romero okay now mr. Bahena told them enough to get them to the body. Okay. This was an 11 hour interrogation, 11 hours. Okay. After he had worked a full day at the dairy. Okay. And he works at a dairy. That's hard work. And if you think it's a coincidence that they waited till the end of the work day to get this guy and bring him back and question him, you got another thing coming. So he'd worked since 4.30 in the morning. They get him, he voluntarily agrees to go speak. He's compliant. He's a yes man. He talks to Pamela Romero and other officers for 11 hours after working in a dairy where he works, mind you, 12 hours a day plus, 12 out of every 14 days. He tells them enough to take him
Starting point is 00:17:54 to the body. Why did he do that? Very simple. He was protecting his own. He was protecting his daughter Iris, he was protecting the mother of Iris, or protecting his daughter Paulina and the mother Iris. I'm sorry, I misspoke. Now this 11-hour interrogation was recorded. And you can see from the photographs, those are snapshots from the interview, that there were times where English speakers were in there, okay? Agent Valletta speaks English.
Starting point is 00:18:32 You heard Christian testify the guy standing up was yelling at him in English. Agent Valletta was calling him a liar at the point he's sitting here. Yet, you didn't get the benefit of seeing any of the interview and judging for yourself the credibility of Christian Bahena's statement or the authenticity of that interview. Think about that. This case had the unlimited resources of the federal government there. FBI, right there.
Starting point is 00:19:06 DCI, right there. These guys are the best of the best that we have. These guys know how to interview. They've handled homicide case after homicide case after homicide case. They've interviewed people over and over and over again. And they send in Pamela Romero, a cop who had a total of about two and a half years experience, whose law enforcement training was only the academy and 16 hours, 16 hours of interrogation and interviewing training. Folks, you spent 12 in jury selection. Christian Bahena spent 12 hours working that day. They sent the most inexperienced officer they could into a marathon interrogation with a suspect in a homicide case that had more attention than they've ever known because she was a quote-unquote native speaker.
Starting point is 00:20:08 now why on earth would they not send in one of those agents who really knew how to interview and interrogate and let mr. Romero do the translation she was fluent which by the way her saying she's fluent in Spanish is like one of us saying we're from Iowa therefore we're fluent in English there's a lot of people who speak English that aren't fluent folks that's just the way it is just because you grow up here doesn't mean you're fluent we can speak the language, but I would submit you wouldn't be the best at translating. You wouldn't be the best at interpreting. Agent Valletta wanted to sit behind the
Starting point is 00:20:45 curtain and control the interview, but the problem is when they come here to the courtroom and want to produce evidence, they can't because now it's all in Spanish. So now the state can sit at the table and sit behind the curtain and produce the evidence by having Ms. Romero testify, and you folks can't judge the evidence if that evidence and that interview had been with someone who was an English speaker that evidence would have been played no doubt about it no doubt about it but since it's in Spanish we only get to hear bits and pieces from what mr. Romero said and you're told to rely upon that as a confession folks
Starting point is 00:21:23 that's a problem that's sloppy and note when the supposed confetti came. Remember, he was in that room for several hours. I think they took him in three, four o'clock, maybe five. It doesn't really matter. But what were they insistent on saying? What were they insistent on saying? We're not from immigration. We're not from immigration. We're not from immigration, right? Because they know that that's the one thing that a Mexican national, an undocumented worker, fears most. And they wanted to put him at ease, and hopefully he would open up. And he didn't.
Starting point is 00:22:05 He kept denying, denying, denying, because he knew that there were problems if he came forward. Iris was in danger. Paulina was in danger. So what did they do? At 11, 11.30 p.m., They called immigration. When he didn't give them what they wanted, they called immigration. And they put that detainer on him so he couldn't go anywhere.
Starting point is 00:22:33 They didn't get what they wanted, so they put the hold on him. So they weren't there for immigration until they were, until he didn't get what they wanted, until he didn't tell them what they wanted. That's 11, 1130 at night, so now he can't go anywhere. And yet they continue. They continue at him. And you saw pictures. He falls asleep. They wear him down. They wear him down. You heard Christian say that they said things to him. Pamela Romero said things to him. Help yourself.
Starting point is 00:23:06 Help yourself. She was the good cop. She was the nice lady. Help yourself, Christian. Help yourself, Christian. Maybe there was something wrong with you suggesting the blackout. This all makes perfect sense he wanted them out of their hair and when finally she says christian think about the family think about if you were the parent of that little girl that's when he relents and tells him just enough to take him to the body and gives him this blackout story gives him the story about being angry that's been spoon fed to him now the bad cops are in the room too classic good cop bad I mean, this is straight-off TV. Agent Valletta, right in his face.
Starting point is 00:23:47 What is he, a foot and a half? You're a liar. You're a liar. You're a liar. The tall skinny guy in the back is yelling at him, using words that Christian can't understand. You can assume what those words are. I'm sure they're curse words. But, again, they had the full resources of the federal government, and they couldn't give you any basis to know what's been said there because it
Starting point is 00:24:15 was in Spanish you have to believe Pamela Romero and you saw her up here her answers were evasive she was non-responsive in many of her answers she was obviously biased in her answers she couldn't just say yes or no to an answer she had to try to explain herself and take it in a different direction she wants to get back into law enforcement even though she's out of law enforcement she'd never done a homicide interview in her career ever what a colossal blunder what a colossal blunder they had the ability to videotape it they had the ability to let you hear it if they chose to use someone spoke
Starting point is 00:24:56 English and translated it and they didn't do it they didn't do it element three and element four you'll find in instructions 17 and 18 and those are malice a forethought and malice and premeditation now I'm gonna just kind of veer off just for a second but let's assume for a minute that you do buy into what mr. Brown selling if you take mr. behind his story the first one he told police that version of the events that he got angry and just started stabbing Mr. Tibbetts. There's absolutely no evidence of premeditation. Did he think or ponder upon a matter before acting? Absolutely not. Absolutely not. Not a
Starting point is 00:25:44 speck of evidence of premeditation which is required for murder in the first degree. Did he deliberate? Did he weigh in one's mind? Did he consider? Did he contemplate to reflect? Absolutely not. That's even if you buy the state's theory. Malice of forethought, a fixed purpose or design to do some physical harm to another, which exists before the act is committed. Again, even if you buy what they're selling, they can't prove malice and they can't prove premeditation. That would take you to murder second degree and maybe voluntary manslaughter. You folks are smart. You folks are bright. I'm not going to take you through those. Instruction number six is you are to decide the facts from the evidence. And
Starting point is 00:26:29 again, this goes back to jury selection. And Mr. Brown asked many of you if you would hold it against him if he didn't have video evidence, if he didn't have video of the crime. And of course, there's not video of the crime. Very few places in the country have video surveillance all over the place. But you should hold against him and hold against the state those times where they had the ability to video things, record things, and not produce it. Absolutely should. Because that's the true way for you to judge the facts. Mr. Brown talked earlier about the unbiased digital evidence, Kevin Horan. What about the ability
Starting point is 00:27:15 to have video evidence that is unbiased and able for you to analyze yourself? And again, I have to come back to Agent Villada and his statement. We had the unlimited resources of the federal government, the FBI,
Starting point is 00:27:31 who investigate major federal crimes, Homeland Security, they investigate terrorists. They had drones up in the air. They had guys from Dayton, Ohio doing these fancy calculations on cell phone towers, which, by the way, they did one cell phone tower. They provided you evidence of one cell phone tower, Molly Tibbetts. What about his cell phone tower?
Starting point is 00:27:52 Most importantly, what about Dalton Jack? Victimology. Victimology. Remember that statement? Let's get to know people who are closest to Molly Tibbetts. Let's learn her patterns, her habits, what we're doing, what she does, who she associates with. victimology. Where are Dalton Jack's phone records? If he was in Dubuque, he had a cell phone. Where are the tower records? No, let's bring in his boss, who's going to come in and testify for him. Where's the unbiased, non-biased records? You saw some records with Dalton Jack because I was trying to cross-examine them with him. And you saw how that went. You saw the fight with those.
Starting point is 00:28:30 We tried to talk about his text messages between him and Jordan Lamb, between him and Molly Tibbetts. We talked about his affairs. Why on earth would you not just put up Dalton Jack's phone records if he truly was in Dubuque, if he truly worked until 7 p.m.? Why not? Unbiased digital evidence that we couldn't refute if it truly was there. Unlimited resources of the federal government. You don't think this Kevin Horan couldn't have done that?
Starting point is 00:29:06 Why didn't they not produce that for you? You can infer from their lack of producing that evidence that it was damaging to them. And you should. Why not? You heard the testimony of that man, and we'll get to it in a little bit. But they could have, and they chose not to. They could have, and they chose not to. These things are everywhere.
Starting point is 00:29:25 These things are the television of the 21st century. Your cell phone, your smart phone, it's unbelievable. You all know it. You sit around your house and you talk about recipes. You talk about buying a new boat. You talk about buying a gift for someone. And the next thing you know, you're on your smart phone looking up the Internet and there's something pops up that you talked about. It's scary.
Starting point is 00:29:54 You can order something off Amazon, you can go to Hy-Vee.com, you can go to Walmart.com, and you can know that the item you purchased is off the shelf or the item's been shipped, and you can track it in real time. You can know where it is anywhere in this country like that, okay? But the state cannot produce for you a video of Christian Bahena from the sheriff's office to Molly Tibbetts' body. You would think that this man says, I'll take you there, I'll take you there, right? That good policing, that all these years of experience, the best that the state of Iowa has with special agents, the Federal Bureau of Investigation, Division of Homeland Security are here.
Starting point is 00:30:44 They're all carrying these at least, and he gets out of the car supposedly. I'm sure it's a patrol car that has at least a recording camera on it for when someone gets pulled over or something, that they don't at least take a moment to record him going to the edge of the corn and pointing out the body so you can view for yourself what he's doing. They don't have that. Why not? Let me tell you why not.
Starting point is 00:31:10 Because they had nothing for four weeks, and they were excited, and they cut corners, and they rushed to judgment. That's exactly why. They wanted to close this case, and they wanted to close this case now. Just like when out at the scene, they had Christian in a car. And again, if you want to believe his confession, which is now at, what is it, 6 o'clock the next morning after he was taken from his workplace. And he said, supposedly, according to Pamela Romero, I brought you here, didn't I? Question mark.
Starting point is 00:31:43 That must mean I did it. Question mark. Mr. Brown can say can fight me on the punctuation can fight me on whether or not it was one of those things where he's throwing his hands up saying I brought you here didn't I or whether he said I brought you here didn't I
Starting point is 00:31:58 you know sarcasm vocal inflection context all that stuff matters when you are talking to someone you can't just say that well Pamela Romero said he said I brought you here didn't I
Starting point is 00:32:14 after 24 hours of being awake, they didn't have a recording to show you, didn't have... After they have the body now, they have the body. They have Molly's body. At that point, at least, you'd think there's time out. Let's get somebody on this case now
Starting point is 00:32:31 who really knows what they're doing and do a proper interview. And let's translate it. Let's get the case agent, Valetta, on this and do a proper interview because we want to wrap this up tight but yet they didn't do it they wanted to just close the book the state seems to want you to just take their word for it take pamela romero's word for it therefore he's guilty you've got to believe everything she said you got to believe that
Starting point is 00:32:59 statement he made was absolutely credible without any corroboration whatsoever to what she said this is a murder case a murder case of molly tibbets put it in context what was going on there who was all there why did they cut the corners that they cut remember this instruction we start talking about what witnesses witnesses you can believe inconsistent statements their appearance their conduct what interest they have in the trial what's their memory that tells you who you can believe and who you can't believe. You saw Christian Bahena's testimony. He sat there yesterday and he gave you his version of the events. Mr. Brown suggests that those versions of the events were as a result of knowing what the evidence was and having time to rehearse them.
Starting point is 00:33:50 And he says it makes no sense. It makes every bit as much sense as the state's theory that an undocumented immigrant, runs up alongside Molly Tibbets on a highway in broad daylight, gets angry, and decides to stab her. Absolutely does. Let's talk about the video evidence, and here there's a mistake here. The jogger was not seen at 807. She was seen at 745, okay? So 745, she's running north, I think it's on Boundary Street,
Starting point is 00:34:19 in the intersection of East Des Moines Street. The Malibu went by heading east out of town, or east by Logan Collins' house at 8.07 p.m. Agent Reeson said it was three minutes off on his cell phone, so it's about 8.10 p.m. Horan's testimony is that Ms. Tibbetts would have been traveling south and east at 8.20 p.m. I'm going to object. That's not the evidence. Well, Mr. Freese has pointed out that there is something inaccurate on there. talking well can we approach i'm sorry yeah go ahead and continue mr freeze the video evidence you have to put together a time frame and you have to ask yourself if this crime could have
Starting point is 00:35:04 been committed by five foot seven inch 125 pound christian bahena in that short time frame could he have overpowered this woman could he have stabbed her nine times tossed her in the trunk and then headed south. That makes no sense. Let's look at the facts and apply your common sense. Christian Bahena works 12 hours a day, 12 out of every 14 days. He averages 75 hours a week, 75 hours a week. The other days, the other two days out of every two weeks, he sees his kid.
Starting point is 00:35:35 He has a date the next day. You heard his aunt talk about that. You really want to believe that Christian Bahena, the man you saw on the stand yesterday, the undocumented immigrant who has spent years working in this country, working hard to remain undetected, going to town only when necessary, working under an Anglo name, John Budd, having no history of law enforcement contact, no history of violence, is brazen enough to pick up a woman, abduct her, and maybe kill her in a span of 10 to 20 minutes. Folks, this was planned, not by him, by someone else. Let's talk about the
Starting point is 00:36:19 DNA evidence. DNA evidence is not helpful to the state, absolutely not. Now understand the DNA evidence is we expect Mr. Bahena's DNA to be in his trunk, right? We would expect that, especially if he was involved with killing Molly Tibbetts. Have they presented you any of Mr. Bahena's DNA from that trunk? No, not one speck. We expect Ms. Tibbetts' DNA to be an honored person. Only Ms. Tibbetts and Christian's DNA was submitted to the lab. Now, what the problem is with the DNA is exactly what the reports tell us,
Starting point is 00:37:02 And then as explained by Dr. Spence, and that is, first of all, remember the testimony was that the investigators and the lab didn't test the trunk liners until a year later at Mr. Brown's request. So investigators didn't deem it even relevant to try to find someone else's blood, Molly's blood, inside the trunk. They had it on the trunk liner, on the gasket, that little piece of blood you saw, but not to see if she was actually, her DNA was in the trunk. We're glad that Mr. Brown asked for that because it gave us some very compelling findings. Okay. Now, the DNA that was found on the trunk liner, okay, there's item 59-3, and that's a really small, less than a dime-sized cutting that Tara Scott took.
Starting point is 00:37:57 okay, small. It had 10 accounted for alleles, those little identifying markers that Dr. Spence talked about, that were not from Christian Bahena or Ms. Tibbetts. They came from an unknown male beyond the major presence of Ms. Tibbetts. So an unknown male was there. And we know that from the Ms. Scott herself, it was a mixture of three people, three people. And what's important is Miss Tibbetts' DNA is on that very small spot mixed in with three people, okay? Right there in that very small spot. Item 60.1, there were 14 unaccounted for alleles, not Miss Tibbetts and not Christian. 61.1, five unaccounted for alleles. Can't tell if it's male or female. Basically what it tells us is there's other people's DNA in that trunk mixed with Molly Tibbetts in those very
Starting point is 00:38:54 small portions, not somewhere else in the trunk, but right where Molly Tibbetts' body was, in the exact spot. Why is that important? Because we have no other DNA to exclude anyone, folks. Again, victimology. Why on earth would you not take Dalton Jack's DNA? Remember that? Crime scene team come into 622 West Des Moines Street. They take a Dr. Pepper can. They take an Arizona tea can, and they swab everybody in Molly's family for DNA. Of course Molly's DNA is going to be on that can. Why were they even in that bedroom? They were thinking that maybe she was in that bedroom with someone else.
Starting point is 00:39:36 They wanted to get her DNA. Of course her DNA was going to be on that can. Why would they need to know that? Was she going to abduct herself? They were in that room to see if someone else was in that room, yet they did nothing to get DNA to exclude people. That's the funny thing about DNA. It doesn't need to point the finger at anyone, but it can exclude people.
Starting point is 00:39:59 Would that DNA have excluded Dalton Jack, maybe? Maybe. But we don't know because we cut that corner. We just wrote him off right away. July 25th, the testimony was that he was cleared. But then on July 27th, they interviewed him again, and he admitted that he lied. He had withheld information. And he told you here on the stand, he didn't deem that him having an affair on Molly was pertinent.
Starting point is 00:40:26 He didn't think it was relevant to the case. Well, the agent sure did. That's why he was called back to talk about it. But they didn't test anybody's DNA other than Christian and the Tibbetts family and all the Hispanics at Yarrabee Farms. They did a canvas of the entire town and didn't test anyone else's DNA. No one else's. why would you not do that? So you can at least exclude people. You had the resources of the federal government there, folks. DNA is an exclusion tool. It acts like a funnel. It helps us figure
Starting point is 00:41:01 out who couldn't do it as well. Also recall that there were no fingerprints in that trunk. Christian Bahena's fingerprints were excluded from being in that trunk. Someone else's fingerprints were in that trunk. And in fact, the fingerprint cards that they were sent in were done so sloppily That they couldn't compare the other fingerprints against it, and he didn't ask to do anymore Remember Tara Scott's report and a young's report were uploaded and I made available To agent Vilda he had him right there. It is a disposal. He could have done more investigation Anytime he wanted he didn't he didn't they didn't get you any more digital evidence They didn't get you any video. They didn't get you any DNA any more fingerprints
Starting point is 00:41:44 They just say, believe us. And the testimony yesterday, the DCI agents on there after the FBI says, hey, go get some of this blood from 2384 460th Avenue, a mile from where Molly is found. And they get it, and they don't test that either. Even though the FBI says do it, Agent Villada doesn't do that. And that was days and days and weeks before Molly was found. Don't do that either. That brings us to Dalton Jack.
Starting point is 00:42:14 Ask yourself this question. Why did the state even call Dalton Jack as a witness? Think about that. What do you have to add? He wasn't in town during the abduction. He didn't know who committed any of the elements. He wasn't here. That's what they're saying.
Starting point is 00:42:31 He was in Dubuque. He had nothing to add. He wasn't a witness. Where was he? Why? What did he know, really? They knew he was a problem. they knew from the jump that this guy was a problem that's why they investigated him and
Starting point is 00:42:47 questioned him after they cleared him that's why they called his boss today because they heard his testimony remember that jury instruction whether a witness has made inconsistent statements remember mr jack didn't want to be here didn't want to be here for the love of his life to make sure she had justice. What kind of person is that? Well, it's the same kind of person that would have an affair on the love of his life while he was planning on getting engaged to her. It's the same kind of person that would portray their relationship as rosy to the public while it's rocky and private. It's the same kind of person who was losing control of Molly. She was going to fly. She was outgrowing this man. He was angry. He has a history of being a fighter. And they knew
Starting point is 00:43:40 he was a problem. All Dalton Jack had to add was his testimony that he did not do this. And his alibi that the state gave you was his inconsistent statements. No video cameras from the hotel. Not a single receipt that shows that he was at Walmart or got gas or went to the gas station they got any beer nothing no time cards cell phone towers we talked about those we know where miss tibbets was but we don't know where dalton was easily found ulysses felix you heard that name come up a number of times ulysses felix knew both mr bahena and he knew dalton jack iris gamboa's cousin he knew miss tibbets he knew the defendant and bid to his house over at night that's the connection ulysses felix is the same one who moved in with the tibbets
Starting point is 00:44:26 family after his parents took off. That's how people knew where to find this guy. We don't dispute Kevin Horn's testimony, not at all. We just want to know why it wasn't done for Dalton Jack. This we think is a big point. Dalton Jack texts Miss Tibbets at 818 p.m. says my dad a straight-up won't work. We think at 828 p.m. within 10 minutes Miss Tibbets is in the trunk and driving at a high speed away from Brooklyn. Within 10 minutes, within 10 minutes of her being abducted with her being killed he mysteriously sends a text that says my data straight up won't work it won't work and ten minutes later she's in a trunk going at
Starting point is 00:45:08 a high rate of speed away from Brooklyn Iowa where's that text sent from where's the tower information on that that's a suspicious text if I've ever seen one folks it sounds like someone trying to cover is that his tracks but believe his boss. Don't believe unbiased evidence. Remember his testimony that Jack still can't figure out what he was doing that night. We asked him, do you recall telling the agents that you showered that night and washed brush hour one in your room? He said, I'm sorry, Jack. I'm going to object. This transcript is not in evidence. Sustained, Mr. Freese. Well, we asked him, did you have anger problems? He answered, I did in high school. You like to fight? He said, yes. We asked him,
Starting point is 00:45:50 Do you recall telling agents on July 18th you were in your room showering and watching Rush Hour 1? He said, is that the night of the 18th? He said, question, yes. He said, yes, I do. But then he come to court and said, your testimony today is you were outside drinking beers with the boys. Answer, yes. Question, I asked him. So he told the officers on the 27th of July a different story, right?
Starting point is 00:46:15 I suppose so. This guy gave different story after different story. I asked him, who's that woman you had an affair with? Her name was Jordan Lamb. What'd you tell the officers the reason you withheld that information? I didn't deem it necessary. I didn't think it was pertinent to the case. I went on to ask him, you didn't want Molly moving in with friends. You wanted her moving in with you. Answer, I was upset that she went back on the plan that I had been going with for the last year and a half after that. You were angry, I asked. He said, correct.
Starting point is 00:46:47 Finally, when I asked him about his temper, I said, it was short-fused, wasn't it, Mr. Jack? And he said, yes. Liked to fight? Yes. Ron Pexa. What do we do with Ron Pexa? Ron Pexa's address is 2410 460th Avenue, less than half a mile where the body was found. His property is adjacent to the property where Molly was discovered.
Starting point is 00:47:09 Jamie Slife came in and told her truth about who this man was. You needed to hear what she had to say. Because law enforcement would not. She called in the tip line, called the sheriff directly. No one would listen to her. Now, did Ron Pexa have anything to do with the demise of Molly Tibbetts? We don't know. But what we do know is that no one investigated him.
Starting point is 00:47:32 There were separate tips. Someone called in, called him a maniac. Someone said he had a torture room. That didn't come from Jamie's life. But what Trent Villa to do with that? You know, we would walk around and we'd talk to him a little bit. didn't document it in a report didn't document it in video or audio recording it's because he's taking care of his own ron pexa is a cop christian bahena in his statement was taking care of his
Starting point is 00:47:57 own he was protecting his daughter and his daughter's mother but let's talk about 460th avenue 460th avenue i would submit to you was not just some random place ron pexa's house is on there. Now whether or not he had anything to do with it, we don't know. What we do know is that people were calling him with tips that he was some sort of sexual deviant. It was known. What we also know is that officers met with Darian Davis, who was mowing that cemetery on 460th Street. We know that Darian Davis associates with Jackson Icorn. The testimony was that Jackson Icorn was in the cemetery in Brooklyn, and one of his stories was he was helping Darian Davis mow at the time molly tibbets was jogging that night ironic that this guy happens to be mowing two different
Starting point is 00:48:44 cemeteries both where molly tibbets is associated i don't think so i'm not saying mr davis has anything to do with it but people knew those two cemeteries were connected 460th avenue is not a coincidence the 2384 again less than a mile from where molly was found four buckle swabs just on the other side of Ron Peck's house were taken by Agent Bublitz at the FBI direction and never tested. The route taken by Christian Bahena after Molly was abducted
Starting point is 00:49:21 was straight down 200th Street, hard left, and then down through this 430-foot driveway and through long grass to this cornfield. This man had no idea where he was going. That route was direct. Five or six miles south, two and a half miles east, then 110 yards in. That is not coincidence. He would have no idea where this was.
Starting point is 00:49:48 He was directed to go there. We think Christian's confession or his statement wasn't accurate. It was false. You see here, he fell asleep three different times. Once more, he's getting pressed. False sleep again. Getting pressed. After hours and hours.
Starting point is 00:50:04 It was an 11-hour interrogation. He was isolated from his family. He was driven to the sheriff's office and not allowed to bring his own vehicle. Police indicated that confessing might lead to a more lenient sentence. Help yourself, Christian. Police firmly stated... I'm going to object. That's not the evidence. I don't believe there's been anybody testifying to that.
Starting point is 00:50:24 The client did, Your Honor. Overruled. Go ahead. Proceed, Mr. Christ. Our client said very clearly that they said, help yourself. Police firmly stated that the evidence against Christian was overwhelming. Therefore, resistance was futile. He was deliberately picked up at the end of the day and deliberately interrogated during the time where he would have been sleeping. They lied to him.
Starting point is 00:50:45 They employed trickery or dishonesty. They said, we're not here for immigration, and they called immigration. They suggested psychological excuses for the offense. That's where the blackout comes. They took steps to enhance their authority while interrogating the suspect. That's where Trent Valletta gets right in his face. They put three people in his face. They made Christian think that one or more interrogators were Christian's friends
Starting point is 00:51:12 and were trying to help him or her, or him in this case. Character evidence. You heard a lot of people talking about Christian Bahena. His cousin bought him a car. He paid it on time, first of the month. People said he was not a violent person. This would not be like him. He didn't want to be detected.
Starting point is 00:51:32 He just wanted to take care of his family, take care of his daughter, work hard. This makes no sense. Every one of those people who testified were credible, they were believable, and buttressed everything this man said in his credible testimony. If the evidence of such good character as to nonviolence is good enough, together with all the other evidence to raise a reasonable doubt as to his guilt, he must be acquitted if these people's testimony is that believable and i submit it is you must acquit him when you couple that with their lack of evidence folks that's the verdict form you're
Starting point is 00:52:16 going to get judges instructed you on how to deliberate and what your verdict must be we submit it should be not guilty so remember that man right there is the one you have to judge That man, the father, the son, the man who come here to make a better life for those around him. He's not a monster. You saw him testify. You saw him credibly testify. This case was closed. This case is police logic 101, okay?
Starting point is 00:52:46 Police logic 101 is opposite of the analysis that you have to do. the analysis you have to do is you take all the evidence that you've heard and you boil it down and you determine if that evidence produces guilt beyond a reasonable doubt that's not what the police did what the police did
Starting point is 00:53:09 is they had four weeks of nothing and then they picked this man and who better to pick than an undocumented immigrant who doesn't speak the language who has nobody here to speak of to help him out And then you cherry-pick the facts that fit your theory, and you close the case. Case closed, but the case is not solved.
Starting point is 00:53:34 Folks, there is serious doubt in this case, serious doubt. Christian Bahena-Rivera has not had the case against him proven beyond a reasonable doubt. and the only verdict that you can come up with under these facts and what you heard right there is not guilty thank you mr brown on behalf of the state of iowa you may give your rebuttal yes you may proceed i know we're into the lunch hour so i'm not going to try to take a lot of time but there are a few things i have to touch on that relates to issues that were raised here by Mr. Freese and his closing. So the first thing I want to do is talk about investigation. There was an allegation here that there was a pressure to close the case.
Starting point is 00:54:21 The officers that worked this case, Agent Valletta, other agents from the DCI that worked it, worked this case, worked every angle, worked every lead. There's pressure to close any case whenever they have somebody particularly like Molly Tibbetts or any someone, any other person who's been the victim of a violent crime. But the pressure to close the case doesn't mean they go out and create their own evidence. If that were true, why wouldn't they just go ahead and do that right at the beginning? Go point the finger at somebody else, do something, create something, plant something. That's not what they did, right? They go and chase the leads. They look at Molly's inner circle, right? They look at Dalton. They look at people who know her. They search 622 West
Starting point is 00:55:10 Des Moines. They're looking for signs of violence, signs of breaking and entering, things of that nature. They don't find it, right? They're trying to shake this tree as hard as they can to see if there's any leads that fall, and there's not. Until when? Until they get the video, right? That's the lead that breaks this case. They follow it. They find the defendant, right? They bring him in. He makes the admissions he makes. The blood is in the trunk. What are the officers supposed to do? Start looking at Ron Pexa? Start going out and just checking other people to see if maybe, you know, they had something to say about it? I mean, come on. The officers in this case, the agents in this case, the deputy sheriffs, the FBI agents, all the people who were involved
Starting point is 00:56:02 followed the evidence. And that's what we're asking you to do. The defendant was not targeted. That's a word that Mr. Freeze used. The defendant here was not targeted. All right. The evidence led officers to him. The video evidence led officers to Christian Bahena Rivera. They didn't target him. He targeted himself by becoming involved in this. No knife. I think he's mentioning this from 622 West Des Moines and the weapons. It's not a crime scene. And by the way, there's no evidence that Blake Jack or Dalton Jack are involved. Goodness, they ran Dalton Jack to the ground in this case. They interviewed him multiple times. They looked at him, right? They found out what his history was, that he'd had this brief fling with another girl named Jordan. And by the
Starting point is 00:56:59 way, when you're 18 years old, it's not like he's, I've been married 32 years and I got three kids, okay? That'd be a lot different, let me tell you, okay? But he's a kid, right? What do you do if you're not getting along with your girlfriend? You break up with her, right? You don't take her out in the country and stab her to death. Does that make sense to you? Goodness. The primary crime scene, we don't know. Well, guess who had control of that? This guy. All right. Who's got control of the Malibu for almost four plus weeks? The defendant, right? He's got control of Molly Tibbetts. He controls where she went. He controls where her body got dumped. He controls what the physical evidence is in his trunk. He does. The reason why we don't have whatever a primary crime
Starting point is 00:57:50 scene is, is because of the defendant. You have to factor that in. Motive. He's not angry. Are you serious? He told us he was angry. The words came from his mouth. The defendant is a yes man. Not yesterday. He wasn't. He gave you a whole new story. Mr. Freeze touched on that about Iris Gamboa, about his daughter, about all of those things. We'll talk about that here in just a second. He's not a yes man yesterday. That's for sure. So tell law enforcement then about these other two men, right? So you're in a place where you can be protected. So tell them. I mean, you have multiple officers at the Powysheet County Sheriff's Office, you're probably the one of the most secure places in the county. You know, he's there with law enforcement. He could ask for help.
Starting point is 00:58:45 All he has to say is, okay, listen guys, I know, I think I know what happened. There's these other two guys, these other masked men that are covered, that were in my house, right? I don't really know who they are. I'm scared for my daughter. I'm scared for Iris. Can you please help me? If you help me. If you get them here, I'll tell you what I know. But he didn't do that. You know why? Because it didn't happen. Why use Pamela Romero? Let me tell you what the flip side of this would be. So let's say officers went in, like the picture that you saw, with Agent Valletta and the FBI agent. Neither speak Spanish. Or we have somebody else. There was a mention of Jeff Fink, who was an officer from Iowa City who's not a native speaker.
Starting point is 00:59:31 So let's say we try, you know, Officer Romero, you're just not experienced enough, okay? By the way, you saw her testify. She's an impressive young woman, right? I mean, she did a phenomenal job in recounting what the defendant said. The whole interview is in Spanish. But why not take advantage of a native speaker? why not do that then we have a clean conversation it's not going through an interpreter you know it's there's there's none of that you have it and she
Starting point is 01:00:08 can they come out and say this is what he said that's why we didn't show you the video it's in Spanish doesn't that make sense if we had used officer Fink or if we had used agent Valletta then it would be oh hey wait a second didn't they have a native speaker right there why not use officer Romero we know she's not experienced but why not use her the flip would just be this true but the officers chose to use the native speaker that knew Spanish that was her first language so she could understand what the defendant was telling her and relay that to investigators you know he wasn't so worn down that he couldn't lead them to molly tibbets that's true yeah he does they give him rest by the way i
Starting point is 01:00:57 think officer romero talks about nine times that they took breaks during the day so it's not like an 11 hour interview where he's got somebody in his grill the whole night i mean he's sitting there at a table he does get a chance to take a break he gets a chance to eat they're good to him in that sense they are asking him hard questions which i would hope officers would do under these circumstances. Dalton Jack, listen, Dalton Jack was in Dubuque, okay? He was working there actually the day before. I think he was in Iowa County working. That's what his boss said this morning. But Dalton Jack is in Dubuque. You know, phone records, people put him there. By the way, if he's off at seven, right, how's he going to get back to do anything? And he's going to have to, what,
Starting point is 01:01:43 take Christian Rivera's car if somebody has no idea and, what, go and chase down Molly where he doesn't know where she is and what he's going to teleport himself back here in you know less than an hour I mean it's over a two-hour drive from where he was working to here plus he had no reason no reason if the defendant's DNA is in his trunk the response is of course it is if we would have found Christian Rivera's DNA in the trunk of course it is it's his car it's a push it's like the fingerprints that they talked about a little bit later you know people can touch things and fingerprints can be there on a it was and it was on items that were in the trunk the fingerprint expert doesn't know where they come from doesn't know how they got there they're not associated
Starting point is 01:02:30 other than being in the trunk they could also be molly tibbets's by the way remember hers are so destroyed that because she was decomposed and then so it means nothing it did it had you know all these things that that mr. freeze brings up have to matter right he's poking holes punching at our case you know telling you these things but you whenever you sit back there if you evaluate them they have to matter Ron Paxson is six seven he doesn't describe the men in his house that tall. Totally inconsistent with that. Ulysses Felix, where is he? There's no evidence that he's associated with Ron Pex or Dalton Jack or anybody else that
Starting point is 01:03:14 they're throwing stones at over here with regard to who may be involved. There is no false confession for goodness sakes. If the defendant falsely confesses how does he take them to Molly Tibbetts? He knows where she's at. It's the one piece of evidence in this case the one circumstance that completely cuts that argument down to the ground so motive there was another motive here a sexual one that we know about that we can look at this is the document that shows the crime scene diagram Molly Tibbetts his body if you recall her legs were spread apart and her knees were up and her underwear and her shorts were off they
Starting point is 01:03:58 They were at a different spot. Her jogging bra is pushed up around her neck. The defendant says that he left her with her clothes on. That is clearly not true. The defendant says, before we get to that, he also says in his interview that she is hot or attractive. The way that it was interpreted by Romero was that Molly Tibbetts, that he said that she was hot. That's why he was encountering her, because he found her attractive. That's why he chased her down.
Starting point is 01:04:31 That's why he stopped on the road, right? He saw a pretty girl, and it drew his attention. Molly is found with no shorts or underwear. Her jogging bra, like I said, is pushed up around her neck, and her legs are spread apart. That would all suggest a sexual motive here. Guess who does not have a sexual motive? Dalton Jack or anyone else that's been raised here by the defense. The defendant wanted to encounter Molly Tibbetts by his own admission because he said that she was hot or attractive.
Starting point is 01:05:04 And we have physical evidence at the scene that would suggest that there is also a sexual motive here that corroborates the defendant's involvement. She was found in that condition under the corn stalks, and he testified that she was clothed. He kept, that's what he said, but we know that's not true. Look at the corn stalks. they're not disturbed. Look at it. There they are. The corn stalks don't appear to have been disturbed. His testimony cannot be true based upon the evidence near Molly, which means the sexual motive is there, that her clothes were off, that he took them off, that he was there by his own admission, and we have physical evidence at the scene of the clothes being off and the corn
Starting point is 01:05:51 not being disturbed. It all provides another reason, which excludes other people. So why consider it? Again, I've mentioned this already. Why consider a sexual motive here? There's another circumstance. That's another circumstance that removes Dalton Jack, who they pointed the finger at repeatedly in this case, or anyone associated with him. It also excludes the two phantom men story. By the defendant's own admission, there was no sexual motive there. There was no evidence of that. So these two phantom men that show up at his apartment that he can't identify, exclude it, right? I mean, it supports it. It supports the sexual motive. These guys didn't have that. Dalton Jack didn't have that. It's consistent with the defendant's statement to Pamela Romero,
Starting point is 01:06:36 that he found her attractive, that he had found her hot. That's why he encountered her on the roadside. All right. The defendant's testimony here is unbelievable. Mr. Freeze has touched on some of this with regard to Iris Gamboa, to the daughter. Let's look at that. Why would he create a new story? Okay. Why would he do that? He had the opportunity, by the way, to sit here in this case, to view the evidence, to think about the evidence. He knows DNA puts him or puts Molly in the trunk of his vehicle. He now knows that. He did not know that at the time of the interview with Pamela Romero. He now knows multiple videos place him near Molly within seconds of running through the area whenever she was on boundary. We see his car within about 25 or 30 seconds after
Starting point is 01:07:26 that. He knows after sitting through all this evidence, he's under a pretty big rock, right? And he's got to come up with something else. He's got to come up with a story to describe or explain away why he led the officers to the body, right? So what's he come up with? What's the context of this? He's now seen all the evidence against him. His statement with Romero ended with him charged with murder, right? He tried to give them a story. He told them what happened, right? Which is probably a lot closer to the truth, but now he knows that got him charged. He finds out later, as Mr. Freeze pointed out, that the DNA didn't come in until later, that Molly's blood is in the trunk. He has had access to all the evidence in this case.
Starting point is 01:08:15 He has had access to the video. He knows his car puts him there. So he knows all that. That's the context here that we're dealing with. The defendant's testimony that two men killed Molly is totally unsupported by any other evidence in the case. Totally. He says that the two men that showed up at his house or his trailer are covered head to toe. He can't ID them, right?
Starting point is 01:08:46 He covers them completely. This is the middle of July, right? And he says they're in sweaters and pants with stocking hats that cover their face. He can't identify them, right? Is that believable? The other thing that might identify these men is the vehicle that they were driving. He never puts them in a car. They just randomly select him out of thin air, and they appear out of nowhere to select him as the person.
Starting point is 01:09:17 And then what? They hang out at the trailer for a while. he's not real specific about that and then not only do they appear out of nowhere then they vanish into thin air once they get out to the field and he can't identify them it's simply not believable these phantom men think about this leave the only eyewitness to a murder they are attacking molly tibbets on the road that's what he said to you whenever he testified and they stabbed her and they put her in the trunk why not kill him why not take him out there's no connection between these two they leave the only eyewitness
Starting point is 01:09:57 with the vehicle according to him they leave these phantom men leave him with a cell phone that's what he said actually to I think he says Molly's cell phone is in the trunk as well so they just vanished out of thin air walk away in a cornfield after killing this young woman and they leave him with transportation and a cell phone that makes no sense at all why would they do that why would they even involve him why not just take out christian bahena rivera right there with molly they've got a gun they've got a knife take him out pile his body into the cornfield why not do that why do they need him in the first place. It makes no sense. He's not thinking about that. You know why it doesn't make sense? Because
Starting point is 01:10:45 it's not true. It's not true. He conveniently throws in the name Jack. Did you catch that yesterday whenever he was testifying? One of the guys I think is in the back seat and one of the guys says, come on, Jack. So the one guy that they're pointing the finger at, the chief one, happens to have that last name. He throws that in. You got to ask yourself if that makes any sense at all? Or is he just trying to point the finger at Dalton Jack to say that's who it was that was there and that took Molly on the roadside? They have spent parts of two days in this trial trying to identify Dalton Jack as the person with the motive and the opportunity to kill Molly. Dalton Jack is alibied, ladies and gentlemen. He did not do this. He didn't.
Starting point is 01:11:37 he's working in Dubuque so now his boss is going to come in here and make up records and and not be truthful with you for what why would he do that why I mean Dalton Jack is alibied he's working he's working on a bridge he got off at seven he went back to the motel he grew up with his co-workers, Dalton Jack is alibi. Dalton Jack did not do this. If other men killed Molly, which is what the defense has put on here, what purpose would it serve then to include the following statements here? We've already talked about this in my first close, but what would it serve to include the following in these statements to the police? That Molly had rebuked him, that molly had you didn't want anything to do with him that molly had threatened to call the police
Starting point is 01:12:31 and that he was angry how does that fit in with the what he claims is the real narrative that these two unknown men that were masked grabbed her and made him take her to the cornfield it doesn't fit there's no reason to to offer it he's trying to offer a reason to the officers as to why that happened. These statements only fit with nobody else present and with what the evidence was whenever he testified first that there were not two other men in the car and that he acted alone. There is no evidence here that he told Iris Gamboa anything about a threat, right? He testified here. The reason why he didn't tell the officers about the two men that came to his trailer that he can't identify is because they had threatened Iris and they had
Starting point is 01:13:22 threatened his daughter. Iris Gamboa testified. Did you hear any testimony from her? She's called by the defense. Any testimony from her that, oh yeah, he told me? He told me what happened? He was fearful for my safety. He was fearful for our daughter's safety. He didn't say a word about it. There's no evidence in this case that he took any steps to protect his child or Iris. Iris never testified about a threat. So ask yourself, why? And my suggestion is, it didn't happen. There was no threat. There were no two men. He's made these men up. He's trying to get out from underneath that very big rock. He had a chance in this case to tell the police about the two men. He chose not to do that. If you're taking any of his statements as true than he testified to yesterday,
Starting point is 01:14:12 the sheriff's office is a well-protected place he had a chance to tell the officers that he was even encouraged at multiple times by officer Romero is there more is there more right she keeps coming back to him right he has plenty of opportunity to do it and he chooses not to do that why did he choose not to do that he claims to protect his daughter and his his girlfriend who he had his daughter with the best place to get that protection would be from the police and he didn't do it you know why he didn't do it because it did not happen that way that's what it proves all right these are the elements of murder in the first degree each of these elements has been
Starting point is 01:14:56 proven beyond a reasonable doubt all of the evidence here points to one person and that is the defendant, Christian Bahena Rivera. No one else had a reason to kill Molly Tibbetts. His reason is not a good one. Like I said before, when would it ever be a good idea or you would ever, ever have a good reason to kill somebody in this way? But that's what happened. And he told us that's what happened. He was angry. He was rejected and he got angry at her and he killed her. That's what cost Molly Tibbetts her life. The video, the confession, and the physical evidence in this case tell the story. There should be no reasonable doubt in your mind. Looking at all this evidence, you must be firmly convinced. I would encourage you to use your common sense.
Starting point is 01:15:58 at this case. Judge it with your backgrounds. Look at it. Evaluate it. We welcome that. Use your common sense whenever you look at this. And at the end of the day, right, at the end of all of that, ask yourself, are you firmly convinced? Are you firmly convinced that Christian Behenia Rivera murdered Molly Tibbetts? The evidence in this case, there's a mountain of it. It is overwhelming. And it leads you to the only conclusion. You follow it, follow it down the path. All of the evidence in this case. Christian Bahena Rivera took this young woman's life.
Starting point is 01:16:42 This is Molly. He took her. He committed the murder. Why? Why would this happen? Because he's angry? Because he wants to have some sort of relationship with her? Because he finds her hot or attractive?
Starting point is 01:16:56 Goodness. That's what happened. molly's no longer on this planet because of the defendant all of the evidence here points to one verdict the defendant christian bahena rivera is guilty of murder in the first degree that's what your verdict should be after your deliberations in this case christian bahena rivera is guilty of the first degree murder of molly tibbets that is your verdict thank you at this time mr bahena I'm going to ask that you rise along with your attorneys, please. And I would ask that the court attendant read the jury's verdict.
Starting point is 01:17:35 We, the jury, find the defendant, Christian Bahena Rivera, guilty of the crime of murder in the first degree. Today is the date and time set for sentencing in this matter. Mr. Brown, do you know of any legal reason why we should not proceed to sentencing here today? No, Your Honor. Do either one of the freezes know any reason why we should not proceed to sentencing here today? No, Your Honor. Mr. Bahena-Rivera, let me ask you, do you know of any reason why we should not proceed with your sentencing here today? No. We'll begin then with the state regarding the matter of sentence and punishment. Mr. Brown, do you have anything you'd like to say
Starting point is 01:18:11 and or victim impact statement? Judge, it's my understanding that victim impact statement should come after allocution of the defendant. Is that correct? Sure. All right. As far as a recommendation on behalf of the state, I know the court is aware that this has been a very long haul, In this case, it's been a little bit over three years since Molly was found in August of 2018, and a little bit longer than that when her life was taken by the defendant. The jury here convicted the defendant of the crime of murder in the first degree. As the court is aware, there is no discretion in sentencing. Mr. Bahana-Rivera is going to be sentenced to life without the possibility of parole.
Starting point is 01:18:52 And I would tell the court that based upon the facts and circumstances of this case, it is very well deserved. The facts and circumstances in this case, as the court knows, you sat through the trial, you know what the evidence is in this case, were overwhelming as it relates to the defendant. And quite honestly, Judge, there's a victim impact statement from the mother of Molly Tibbets, Laura Calderwood, that if the court needs any further justification for why that sentence is warranted in the state of Iowa, she'd look no further than that victim impact statement that she provided to the court that will be read a little bit later. So we would ask the court impose that mandatory sentence upon the defendant. We would also ask that you order an amount of $150,000 pursuant to Iowa Code Section 903b since this crime involved the death of molly tibbets and that the file is quite thick in this
Starting point is 01:19:47 case i don't know if there's been other pecuniary damage statements that have been filed but if there are we would ask that you enter an order at that amount and also if you can leave it open an additional 30 days for us to finalize any other amounts that the court may order as it relates to to any pecuniary damages that would be warranted pursuant to statute. So with that, Judge, we would ask that you impose that sentence and, again, indicate to the court that we feel that it is very well justified. Thank you. Thank you, Mr. Brown.
Starting point is 01:20:20 Mr. Fries, on behalf of Mr. Bahena-Rivera, anything you wish to say at this time? Your Honor, given the mandatory nature of the sentence, we have nothing to say. Thank you. Mr. Bahena-Rivera, you're not required to say anything to me, but I want to afford you the opportunity. Do you have anything you wish to say to me prior to my announcing what I'm going to do here today? No, thank you. With that then, we may proceed to the victim impact statement.
Starting point is 01:20:42 Judge, we have just one victim impact statement. It's from Laura Calderwood, who is the mother of Molly Tibbetts. It will be read by Sarah Arms, who is the victim witness coordinator in my office. Mr. Rivera, I come here today not because I feel the need to address you. However, I come here to give a voice to our daughter, granddaughter, sister, girlfriend, niece, cousin, and friend, Molly Cecilia Tibbetts. Molly was a young woman who simply wanted to go for a quiet run on the evening of July 18th, and you chose to violently and statistically end that life. I want to address the chain of events you set off on the morning of August 18th after you led authorities to Molly's remains in a cornfield.
Starting point is 01:21:41 Do you know what it's like, Mr. Rivera, to be woken up by your youngest son, Scott, telling you the Sheriff needs to talk to us? Scott and I stood in the entrance of our home where Sheriffs Tom Kriegel and Matt Mushman stood with tears in their eyes it took them a minute to find the words to say we hoped for a different results however we found molly's remains today i thanked them for their service and they left because there was still a lot of work to be done i led scott whose eyes were brimming with tears to the living room and sat him down on the couch scott i said i am so sorry i'm going to call aunt billy over to the house to be with you
Starting point is 01:22:31 because mom has a lot of work to do next i needed to tell my son jake jake was in his apartment in iowa city and i did not want him to hear that his sister was not coming home on the news knowing my sister Kim was headed to Iowa City for work I called her and said Kim they found Molly's remains this morning and I need you to pick Jacob and bring him home. It was a race against the clock to notify all the people who cared so deeply for Molly that she was not coming home. It was very important to notify the people who cared deeply about Molly so they did not hear this on the news. Imagine what it's like to call Molly's father, Rob, who resides in Fresno, California, and say, Rob, I am so sorry to have to tell you this, but they found Molly's remains this morning, and I need you to come back to Iowa.
Starting point is 01:23:33 Can you imagine, Mr. Rivera, as a father, having Paulina's mother taken away from you and to have to tell your daughter that she will never come home? however the most difficult person to tell was molly's grandmother and my mother judy calderwood judy truly believed her granddaughter would be found alive because who could harm such a beautiful vibrant young woman so full of life and promise who could harm judy's precious granddaughter let alone brutally murder her and dump her body in a cornfield this was heartbreaking news that needed to be delivered in person I entered my mother's home and she greeted me with a big smile and asked if I wanted a cup of coffee there certainly was no easy way to tell her the news however it had to
Starting point is 01:24:34 be done before her phone started ringing with loved ones sending their condolences. I very quietly and softly said, Mom, I have some bad news. They found Molly's body this morning, but we know where she is now. Judy Calderwood's unwavering faith had been brutally shattered by your senseless act of violence. Can you imagine Mr. Rivera sitting across the table from your Madre and telling her Paulina is never coming home? I am aware that you know Ulysses Felix Sandoval and his family. Uly, as I call him, was a classmate and a friend of my son Scott. Do you know Uly was at the press conference where authorities announced that you, Christian Bahena-Rivera, had
Starting point is 01:25:30 had been charged with the murder of Molly Tibbetts, Yulee immediately started crying, but knew that he needed to call his madre before she heard it on the news. The Felix Sandoval family was devastated. How could this young man they fed and fostered be responsible for such a heinous crime? Do you know, Mr. Rivera,
Starting point is 01:25:55 that Yulee's parents had to leave Brooklyn because they were receiving death threats? Do you know Yuli lived in our home for his last year of high school so he could finish his senior year and play sports? However, Yuli's parents did not get to experience his senior year with him because of your senseless act. Because of your act, your then employer, Craig Lane,
Starting point is 01:26:21 lost all his employees because those workers were afraid of what would happen to them. Because of your act, Dalton Jack will never get to give Molly the engagement ring he had purchased for her. Because of your act, Molly's father Rob will never get to walk his only daughter down the aisle. Because of your act, Mr. Rivera, I will never get to see my daughter become a mother. I do hope one day Paulina has opportunity to become a mother but how will she ever explain to her children who their grandfather is. This is the legacy you left behind for your only child Mr. Rivera. I don't know whose situation is worse. Based on the jury's guilty verdict
Starting point is 01:27:16 entered on the 28th day of May, 2021, it is the finding of this court that the defendant is guilty and has now ordered a judge to decree that the defendant is guilty of the crime of murder in the first degree. Mr. Bahena-Rivera, I want to inform you that I've considered all the sentencing options provided for in chapters 901 and 907 of the Iowa Code, and my judgment relative to sentence is based on that which provides maximum opportunity for your rehabilitation, at the same time protect the community from further offenses by you and others. Mr. Bahino-Rivera, you and you alone forever change the lives of those who love Molly Timmons. And for that, you and you alone will receive the following sentence. It is the order and judgment of this court acting pursuant
Starting point is 01:28:09 to the provisions of Section 902 of the Code of Iowa that the defendant be, he is hereby committed to the custody of Iowa Department of Crimes for a lifetime sentence with no eligibility for parole. It is further ordered that the Iowa Medical and Classification Center at Oakdale, Iowa is designated as a reception center to which the defendant is to be delivered by the sheriff of Powesheet County or his designee. court further orders as follows the defendant shall pay $150,000 to the heirs at law of Molly Tibbetts pursuant to Iowa Code section 81 you are required
Starting point is 01:28:52 to submit a DNA sample pursuant to the request of the state the state is given 30 days from today's state date to file any restitution statements or clarify any that have been filed and once that is filed should there be any the defense will then have 15 days to file any objections again should there be any. Mr. Bahena Vera, I've selected this particular sentence for you after considering the nature of the offense committed by you, the harm to the victim and the victim's family, your need for rehabilitation and the necessity for for protecting the community from further offenses by you and others.

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.