KEOKUK COUNTY, Iowa — Attorneys for Christian Bahena Rivera, whom prosecutors allege murdered an University of Iowa student more than two years ago, can have access to the victims' bank records despite an effort by prosecutors to block access, an Keokuk County district court judge ruled this week.
Court records show a subpoena was served upon Bankers Trust Company on behalf of the defense last month for Tibbetts' bank records.
Bank officials said they didn't have the requested records.
Prosecutors with the Iowa Attorney General's Office asked the court to quash the bank records subpoena, arguing it was unlawful.
Keokuk County Judge Joel Yates noted the motion was moot.
"Bankers Trust has already complied with the subpoena and informed the parties that the requested records do not exist," he said.
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According to court records, prosecutors also wanted the court to admonish the defense for issuing certain ex parte -- motions that can be granted quickly without discussion from opposing counsel -- "subpoenas outside the context of a deposition or trial."
But the judge also denied the admonishment.
In addition, prosecutors sought assurance from the defense no other ex parte subpoenas have been issued, and if there were, copies should be given.
The judge noted at the hearing,the defense had not issued any other subpoenas without proper notice.
"Therefore, the Court need not issue an order for the same," court records showed.