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

[Fireweed]

So the DA is assuming that Kibby cannot pay his trailer park rent because he cannot afford an attorney. Um, my guess is that the rent is $150 a month, which is what a lawyer charges an hour.

 

[Fireweed]

Defense makes a good point: a lot of the evidence may hinge on the actual scene of the crime itself. Who heard what? Could they hear it from 15 feet away at that location?

 

[PoirotryInMotion]

STATE: 24-hrs a day...that's impractical. Again, I'd like to know what is the placement issue that's exculpatory

Judge: what I heard Friedman argue is that there is potentially exculp evid such as the possiblity that you can't re-create what someone on the outside cld have heard on the inside

STATE: 15 feet is 15 feet...

Judge: defense?

DEF: 1. can't recreate, and 2. Nate's home--might be damaged

I can't know ahead what I'll need to recreate without seeing the case! How can I have any clue at this point what I can be looking for? STATE keeps saying I should talk to the def; frankly, Nate claims he's innocent! I can't defend him without knowing what State is saying happened. this is not fair. not a level playing field rt now. We are 9 days into case and we have nothing. If want to come back and make this argumt later, ok.

I'm going to presume there are going to be hundreds of pages of --- for this...and all I have are 9 right now.

 

[Fireweed]

Defense attorney is LIVID and has every right to be at this point. Says Nate maintains he is innocent.

 

[AzPistonsGirl]

So the DA is assuming that Kibby cannot pay his trailer park rent because he cannot afford an attorney. Um, my guess is that the rent is $150 a month, which is what a lawyer charges an hour.

O/T but $150/hr for an attorney is a smoking deal these days.

 

[PoirotryInMotion]

Judge: distinctions I need to make.

Motions before me are to preserve evidence. This is not a motion for discovery or unsealing affidavits.

 

[Fireweed]

So this guy, nine days after the arraignment, still only has nine pages of documents relating to the case. Oh man, I am going to need a bigger bowl of popcorn.

 

[PoirotryInMotion]

[Darn...lost feed; trying to get it back on.]

 

[Fireweed]

Judge: distinctions I need to make.

Motions before me are to preserve evidence. This is not a motion for discovery or unsealing affidavits.

Yes, but how can he make an argument to preserve evidence when he has nothing the base that argument on?

 

[bessie]

So the DA is assuming that Kibby cannot pay his trailer park rent because he cannot afford an attorney. Um, my guess is that the rent is $150 a month, which is what a lawyer charges an hour.

Well, a week ago he had $5 to his name, according to statements he made to the court. And he hasn't worked for over a week. It's not an unreasonable assumption based on that info alone. And the prosecutor might have more information that we haven't heard.

 

[pinkandgreenmom]

State wants to move his trailer by the end of this week. Did I hear that correctly?

 

[Fireweed]

Yeah, they have not made the final arrangements yet.

 

[PoirotryInMotion]

Okay...got it back.

Nate is looking around. Not sure where State is; DEF is standing next to him.

 

[PoirotryInMotion]

Bessie, I listened to that arraignment hearing again, and I believe it was actually $5,000. It was too late to correct it in the thread, though.

Well, a week ago he had $5 to his name, according to statements he made to the court. And he hasn't worked for over a week. It's not an unreasonable assumption based on that info alone. And the prosecutor might have more information that we haven't heard.

 

[PoirotryInMotion]

"We will be back after this break." (Not sure what this break is about since I was not connected to the livestream for about 5 minutes.)

 

[pinkandgreenmom]

Court gave a 10 minute recess after a sidebar

 

[liljim]

Yeah apparently in NH no one needs to make a LEGAL argument. Why, the state ought to just say that they do not feel like preserving the crime scene, or that they ran out of toner for the copier and that is why Kibby cannot get any information.

their argument is that they are seeking to preserve the scene by moving the items, that it is untenable to preserve the scene as it is now (he is losing his right to the property, could be hauled away, spot lent out to someone else, practical reasons of fencing/tarping), and that they have not been shown a legitimate reason why it needs to be preserved as is 100%, location can still be visited etc

so its not just that they are saying they dont feel they should have to preserve the scene, just arguing over the best way to do it and if that way is fair to defense.

defense is very strong in their argument, this guy is good.

 

[bessie]

Bessie, I listened to that arraignment hearing again, and I believe it was actually $5,000. It was too late to correct it in the thread, though.

I'll confirm and edit the post if neceesary. I'm pretty sure the figure was $5.00

 

[liljim]

poirority, while you couldnt view it the defense argued that they were not asking the court to issue any other orders about unsealing evidence, that they were just using those reasons to explain why they need the scene preserved as is (that without any information he cant even say for sure what needs to be preserved, how could he possibly know?)

a couple more things were said but nothing too important, then the state asked to approach, young and defense counsel whispered to each other probably trying to strike some sort of deal, then the judge said ten minute recess.

defense walked away visibly laughing, hard to tell context, seemed sort of exasperated maybe.

 

[liljim]

the most interesting thing to come out of this by far was the confirmation by prosecution that the interior of the container is broken into 3 rooms and that the middle room takes up the bulk of the space but the 3rd room thta the court has already been made aware of has significance to the case which prosecution was not willing to discuss openly at this time.