GUILTY NH - AH, 14, North Conway, 9 October 2013 - #14

[takeitfromme412]

The hearing isn't being held in Carroll County that's why it is not on the docket

 

[newguy123]

All that legal stuff makes sense once explained but to folks like me just seems so convoluted!

 

[PoirotryInMotion]

OSSIPEE — An expedited hearing has been scheduled for this afternoon in the case of Nathaniel E. Kibby, the Gorham man accused of kidnapping Conway teenager Abigail Hernandez last October.

The 1:30 p.m. hearing in Ossipee District Court follows the filing Tuesday of an “emergency motion to preserve evidence “by Kibby’s attorneys Jesse Friedman and Allison Schwartz as the state continues to investigate his client, something that Conway Police Chief Ed Wagner yesterday said was ongoing with representatives from both the FBI and State Police Major Crime Unit coming north to work with CPD detectives.

...


http://www.unionleader.com/article/20140806/NEWS03/140809463&template=mobileart

 

[takeitfromme412]

I don't think I have ever followed a kidnapping case before. Do they always station a police officer at the home where the victim was held until the case goes to trial?

It depends. I reported on a brutal rape and kidnapping case in southern NH.... The suspects house was searched for days but after all the evidence was collected I believe LE only remained on scene until they were absolutely done and the property was secure.

 

[white rabbit]

from your link poirotry:

"In the state’s reply, Associate Attorney General Jane Young objected to granting the motion to preserve evidence, saying that by moving them to a secure location, it was, in fact, preserving them. In a shot at Friedman and Schwartz, Young cited a NH Superior Court Regulation that said within 30 days of entering a plea of “not guilty,” the state shall provide to the defense “copies of and access to” documents and property.

Elaine Lowe, who is the circuit clerk for the 3rd District Circuit that covers Carroll County, said the arrest affidavit for Kibby and the search warrant for his property remain sealed."

(snipped)

 

[Pensfan]

I don't think I have ever followed a kidnapping case before. Do they always station a police officer at the home where the victim was held until the case goes to trial?

No. LE disassembled his property because they either searching for something very specific which they haven't found yet or they haven't found anything yet.

 

[white rabbit]

is there a live feed for this emergency hearing? I can't find one. not that I can view it anyway but was hoping one of you could throw some carrots my way...

lease:

 

[Fireweed]

No. LE disassembled his property because they either searching for something very specific which they haven't found yet or they haven't found anything yet.

I am going more with this. They have had more than a week to search on trailer and storage container. My guess right now is that they have not found even close to what they were looking for.

 

[bessie]

I am going more with this. They have had more than a week to search on trailer and storage container. My guess right now is that they have not found even close to what they were looking for.

On what do you base that opinion?

 

[AnaTeresa]

That's not good. What case was that? (I only follow a handful on here.)

It was Milly Dowler, but I was incorrect. The paper which did the hacking was News of the World, not the Daily Mail.

 

[Fireweed]

On what do you base that opinion?

Mainly the fact that they have had well over a week to search a trailer, and also because the state is desperate to keep any information regarding the search sealed, even from the defendant who is constitutionally entitled to much of it.

I know people are really loving how tough they are being on this guy, but right now, under the law, he is considered innocent. What he has been charged with so far, does not seem like enough to literally take his home away from him. He has been charged with one crime that carries a maximum sentence of 7 years. I have yet to see any photos of LE carrying evidence from his house in a body bag.

Surely everyone can see that this is very out of the ordinary?

 

[PoirotryInMotion]

No. LE disassembled his property because they either searching for something very specific which they haven't found yet or they haven't found anything yet.

I am going more with this. They have had more than a week to search on trailer and storage container. My guess right now is that they have not found even close to what they were looking for.

They apparently found stuff (plenty of evidence bags carted off). But the fact that they are still searching (at least as of yesterday) does make me wonder...they thought they'd be done in a week. Either they are finding tons more than they anticipated or they haven't yet found the incriminating evidence they'd hoped to find by now. If I had to guess, I'd guess the latter, but that's just an instinctual hunch.

 

[AnaTeresa]

I don't think I have ever followed a kidnapping case before. Do they always station a police officer at the home where the victim was held until the case goes to trial?

Not usually. I was referring to keeping an officer at Kibby's property. But I could imagine under certain circumstances a kidnapping victim having an officer stationed at the house, but I think that would be an extreme set of circumstances - ongoing threat to the victim, imo.

 

[white rabbit]

agree with fireweed, based only on my opinion...

they've had 10 days to take that property apart, and they did. multiple agencies involved, and we saw the photos of the plastic-lined biohazard boxes. now they want to take away the actual structure, which IMO is just strange. what's left? and does anyone really believe it will be looted? Rebecca zahau's house wasn't lifted and put on a flatbed. neither was the horman's, celis's, dunn's, and countless others missing (in the zahau case, 'suicide' ahem cough sputter).

by jane young's own admission, if he pleas not guilty, he can have the evidence in thirty days via the brady disclosure. if he doesn't, what legal basis does friedman have to demand it? IOW, what is the time frame without a plea, by which the prosecution is bound to disclose it? we need legal beagle's here. a rabbit isn't a beagle. different species.

http://en.wikipedia.org/wiki/Brady_disclosure

"Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland,[1] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution."

http://www.courts.state.nh.us/rules/sror/sror-h3-98.htm
98. The following discovery and scheduling provisions shall apply to all criminal cases in the Superior Court unless otherwise modified by the presiding justice in accordance with paragraph J hereof.

A. Pretrial Disclosure by the State.

(1) Within ten (10) calendar days after the entry of a not guilty plea by the defendant, the state shall provide the defendant with the materials specified below:

(i) A copy of all statements, written or oral, signed or unsigned, made by the defendant to any law enforcement officer or his agent which are intended for use by the state as evidence at trial or at a pretrial evidentiary hearing.

(ii) Copies of all police reports; statements of witnesses; results or reports of physical or mental examinations, scientific tests or experiments, or any other reports or statements of experts, as well as a summary of each expert's qualifications.

(iii) The defendant's prior criminal record.

(iv) Copies of or access to all books, papers, documents, photographs, tangible objects, buildings or places which are intended for use by the state as evidence at trial or at a pretrial evidentiary hearing.

(v) All exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995).

(vi) Notification of the state's intention to offer at trial pursuant to N.H. Rule of Evidence 404(b) evidence of other crimes, wrongs or acts committed by the defendant, as well as copies of or access to all statements, reports or other materials that the state will rely on to prove the commission of such other crimes, wrongs or acts.

 

[takeitfromme412]

Mainly the fact that they have had well over a week to search a trailer, and also because the state is desperate to keep any information regarding the search sealed, even from the defendant who is constitutionally entitled to much of it.

I know people are really loving how tough they are being on this guy, but right now, under the law, he is considered innocent. What he has been charged with so far, does not seem like enough to literally take his home away from him. He has been charged with one crime that carries a maximum sentence of 7 years. I have yet to see any photos of LE carrying evidence from his house in a body bag.

Surely everyone can see that this is very out of the ordinary?

This is how we do things here in NH. It isn't out of the ordinary in this state. Not at all. The investigation is ongoing. While it is ongoing they are not going to release any info, photos or evidence. That's why in NH the Attorney General's office and NH State Police investigate major crimes as one unit.

 

[PoirotryInMotion]

is there a live feed for this emergency hearing? I can't find one. not that I can view it anyway but was hoping one of you could throw some carrots my way...

lease:

:Bananared: <-- carrot disguised as banana

:snowman: <--refrigerated carrot

WMTW TV &#8207;@WMTWTV 12m

@tyuirhjk we are hoping to have a live stream of the hearing on http://WMTW.com . The hearing is scheduled to start at 1:30

 

[Fireweed]

This is how we do things here in NH. It isn't out of the ordinary in this state. Not at all. The investigation is ongoing. While it is ongoing they are not going to release any info, photos or evidence. That's why in NH the Attorney General's office and NH State Police investigate major crimes as one unit.

I am not saying that the STATE would release photos; I am talking about the press. I have seen photos of them boxing up "biohazard" stuff, and I have seen photos of them carrying stuff in and out of the house, so surely if they had found a bunch of bodies on the property, we would have seen the ubiquitous body bag photos.

 

[takeitfromme412]

I am not saying that the STATE would release photos; I am talking about the press. I have seen photos of them boxing up "biohazard" stuff, and I have seen photos of them carrying stuff in and out of the house, so surely if they had found a bunch of bodies on the property, we would have seen the ubiquitous body bag photos.

As of now he isn't accused of homicide. We have no proof he has killed anyone. Not that I would put it past him, but what murder is he being accused of??? None at this point....

 

[takeitfromme412]

remains on the property would have been released to the press, and none have been announced to have been found. right now evidence of any crime he committed against Abby or anyone is what is under investigation. And surely their warrant covers that

ETA that I read fireweed's original post wrong, sorry about that lol

 

[takeitfromme412]

Mainly the fact that they have had well over a week to search a trailer, and also because the state is desperate to keep any information regarding the search sealed, even from the defendant who is constitutionally entitled to much of it.

I know people are really loving how tough they are being on this guy, but right now, under the law, he is considered innocent. What he has been charged with so far, does not seem like enough to literally take his home away from him. He has been charged with one crime that carries a maximum sentence of 7 years. I have yet to see any photos of LE carrying evidence from his house in a body bag.

Surely everyone can see that this is very out of the ordinary?

They do have up to 30 days to complete that and hand their findings over to the defense. If I recall that correctly. No the state would not release photos, the press, if they have the photos they can release what they want. Not one AP photographer I have talked to has seen a coroner or medical examiner brought to the scene. No remains found as of now that I am aware of.