Hunter
01/28/21
Prosecutors in the Mollie Tibbetts murder trial are accusing the defense of subverting protocol and filing illegitimate subpoenas to request access to banking records.
The Cedar Rapids Gazette reports that attorneys for Cristian Bahena Rivera directed a subpoena for Tibbetts’ banking records that was issued by the Poweshiek County Clerk on January 15tth. Assistant Iowa Attorney General Scott Brown says that the attorneys did not notify the state of their actions, and didn’t enter it into the court’s filing system, suggesting they were trying to hide the subpoena.
Brown called the action “a fishing expedition into the confidential banking records of University of Iowa student Mollie Tibbetts, who is not a witness or party, and is the person the defendant is charged with killing.”
Brown added that subpoenas for records outside the context of a deposition or trial are prohibited in criminal cases, and are only authorized for witnesses to appear at a deposition or trial.
The prosecution has filed a motion asking for a court order to quash the subpoena and an admonishment for the attorneys, Chad and Jennifer Frese. Eighth Judicial District Judge Joel Yates is holding a video hearing on the motion today; trial is set for May 17.