E-FILED 2018 SEP 28 7:15 PM POWESHIEK - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR POWESHIEK COUNTY

STATE OF IOWA, )

Plaintiff, )

vs. ) NO. FECR010882

CRISTHIAN BAHENA RIVERA, )

Defendant. )

MOTION FOR BILL OF PARTICULARS

COMES NOW the defendant and pursuant to Iowa Rule of Criminal Procedure

2.11(5) and provides:

1. Defendant has been charged by Trial Information with the crime of Murder, 1st

Degree in violation of Iowa Code Sections 707.1 and 707.2(1)(a). Said Information was

filed on September 14, 2018.

2. Iowa Rule of Criminal Procedure 2.11(5) governs a motion for bill of

particulars. It provides:

When an indictment or information charges an offense in accordance

with this rule,but fails to specify the particulars of the offense
sufficiently to enable the defendant to prepare a defense, the court
may, on written motion of the defendant, require the prosecuting
attorney to furnish the defendant with a bill of particulars containing
such particulars as may be necessary for the preparation of a defense.

3. Iowa Code Section 707.1 defines murder as “[a] person who kills another

person with malice aforethought either express or implied commits murder.”

4. The defendant has been charged with murder in the 1st degree under Iowa

Code Section 707.2(1)(a) which provides, “[a] person commits murder in the first degree

when the person commits murder under any of the following circumstances: (a) The

person willfully, deliberately and with premeditation kills another person.”

 E-FILED 2018 SEP 28 7:15 PM POWESHIEK - CLERK OF DISTRICT COURT

5. From a review of the Trial Information and Minutes of Testimony, the

defendant cannot ascertain sufficient facts to prepare a defense. The State fails to

specify the particulars of the murder in the 1st degree offense. Specifically, the minutes

of testimony are silent and provide no guidance on the element of premeditation.

6. In addition, the Trial Information and the Minutes of Testimony fail to provide
any particulars as to the method or how the defendant perpetrated the alleged offense.
From an analysis of the Minutes of Testimony, all the defense is left with is a statement
that the defendant “blacked out” and then later disposed of the decedent’s body.
7 Additionally, the Trial Information and the Minutes of Testimony are silent as
to what evidence the state possesses or intends to rely on that the defendant
participated in the decedent’s death or killed her with malice aforethought.
7. The Trial Information and Minutes of Testimony are further silent as to what
evidence the State possesses or intends to rely on that the defendant acted willfully,
deliberately, and with premeditation.
8. The defendant cannot understand the particulars of the offense and more
specifically cannot understand upon which facts the state intends to rely to prove the
required elements of the offense.
9. There is no absolute right to a bill of particulars, rather "a bill of
particulars ordinarily may be allowed in the discretion of the trial court where the charges
of the indictment are so general in their nature that they do not fully advise the accused
of the specific acts with which [the accused] is charged." State v. Martinez, 886 N.W.2d
618 (Iowa App. 2016) quoting State v. Lass, 228 N.W.2d 758, 765 (Iowa 1975).
10. The defendant cannot ascertain what acts he is charged with.
11. The State’s evidence further references a crime scene report and two
laboratory reports.
12. The contents of the reports have not been disclosed to the defendant.
13. Without a bill of particulars, defendant cannot prepare his defense to the
crime of murder in the 1st degree.
WHEREFORE, defendant prays the court enter an order requiring the State to
provide a bill of particulars as to all issues described herein.
E-FILED 2018 SEP 28 7:15 PM POWESHIEK - CLERK OF DISTRICT COURT

Cristhian Rivera Bahena,

Defendant

BY: /s/ Chad R. Frese__________

Chad R. Frese AT0002704
KAPLAN & FRESE, LLP
111 East Church Street
Marshalltown, Iowa 50158
Phone: (641) 753-5549
Fax: (641) 753-0962
Email: chad@kaplanfrese.com

BY: /s/ Jennifer Frese

Jennifer J. Frese, AT0008137
Johnson, Bonzer and Barnaby, PLC
103 South 2nd Avenue, Marshalltown, IA
Phone: 515-955-2193 (Cell: 515-570-4989)
Email: jennifer@johnson-bonzer.com

ATTORNEYS FOR DEFENDANT