Rivera trial will be moved

The trial of the man accused of killing University of Iowa student Mollie Tibbetts will not be held in Poweshiek County, after prosecutors and defense attorneys agree that a fair trial can be held. Cristhian Bahena Rivera will stand trial in Woodbury County, in far northwest Iowa, later this year. Sioux City is the county seat of Woodbury county.

In a motion for a change of venue, Rivera’s attorney alleged that the nearly month-long search for Mollie Tibbetts had generated so much public interest from hundreds of media articles that a fair jury would not be able to be impaneled in Poweshiek County. Under Iowa rules of criminal procedure, a defendant is typically tried in the same county that the crime was committed in, unless he can prove that a fair jury cannot be impaneld in that county. Chad Frese, a defense attorney for Rivera, stated in court documents request the change of venue that hundreds of local residents had participated in the search for Tibbetts. He added that a Facebook group started by local residents to post updates on the disappearance of Tibbetts had nearly 60,000 followers.

“The death of Ms. Tibbetts, it can be seen from this group, still very much remains in the forefront of the Poweshiek County community members’ minds,” Frese wrote in a motion for a change of venue.

He added that numerous state and national political leaders, including President Donald Trump, had offered their thoughts on the disappearance of Tibbetts, including after Rivera was charged.

“President Trump, Vice President Pence and even Governor Reynolds thought it appropriate to weigh in and offer opinions on the case and the immigration status of Defendant, further fanning the flames of prejudice and jeopardizing the fairness of these proceedings against him,” Frese wrote.

Frese also alleged that several potential witnesses for Rivera’s defense refused to testify if the case was tried in Poweshiek County.

For more on this story and others, catch the April 3 edition of the News-Review.

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