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

[LookingHoping]

I do not know that a temporary would hold a cover of any sort. If they need to keep this up until trial that likely takes them through a northern New England winter. I don't know… just popped on to share what I do know since there was question on cost. I think the key is that moving it is easy and common (not so much in a case, but moving mobiles is) and erecting a covered fence to protect the property would be an outrageous cost, comparatively. If NEK wants to keep his mobile there he would have to obtain legal assistance, they don't offer a free attorney when you don't pay your legal bills, and if you are locked up you cannot exactly make money to pay those sorts of fees to fight and hold off eviction.

Let's not forget that if he remains detained until his court date (I for one pray he remains detained until his funeral date) that means said mobile will also go through a northern New England winter, if you don't winterize you're, well, screwed. IMHMoo his best bet is to let the state take care of his personal property while he's detained… cheapest way for him, too….

 

[PoirotryInMotion]

If some pertinent piece of information on and active ongoing investigation was within my knowledge and I was law enforcement and being interviewed by the press, would I reveal those pertinent facts or bits of info? No.

Would you go so far as to act like Kibby's arrest caught you completely unawares? He mentioned that Kibby seemed unusually interested in the missing bullet...why couldn't he have also said, 'hey, come to mention it, he seemed unusually interested in the Hernandez case'? It doesn't reveal anything about the investigation or what evidence they've gathered, etc. It's just hindsight musing.

 

[Caitlin]

There was confusion about whether or not AH had been to the hospital... this shows there is indication of evaluations after her release.

Mr Friedman is asking a judge to secure all evidence, including medical records from exams of Abigail, phone and text records, investigative notes and blood, saliva and other bodily substances.

Read more: http://www.dailymail.co.uk/news/art...inst-removing-trailer-home.html#ixzz39fZNz1NC
Follow us: @MailOnline on Twitter | DailyMail on Facebook

 

[tlcya]

No, fencing is not cheap. I fixed small pieces of an existing chain link fence and it cost a couple thousand. That was without any new footings. Beginning to end it is NOT a cheap job and realize this is around the entire lot! The quote sounds good and solid, if not low should they actually be covering the top which would mean much higher than a standard 4-5foot chain link.

This tells me the state is serious about wanting to preserve the scene from contamination and take it apart bit by bit and thoroughly. And I got to thinking, even if they kept an officer on=scene for weeks or moths on end to try to keep the scene preserved, there would still be the issue of every day, every hour, every minute, every officer who guarded it being potentially called into question later at trial. KWIM? Say something is discovered during searching two weeks from now when perhaps the majority of officers on site are gone and it is simply being gaurded. Would the defense then be able to attempt to chip away at that guarding? Try to create reasonable doubt that someone had altered something?

I think part of this attempt by the state to move the entirety of the properties contents is about reducing the risk of too many cooks in the kitchen and exert control over exactly who has access and is touching what how often. Within the LE investigative team. Chain of evidence. The more bodies about the more opportunity for the defense to raise doubt that someone somewhere did not follow protocol, etc.

 

[tlcya]

Would you go so far as to act like Kibby's arrest caught you completely unawares? He mentioned that Kibby seemed unusually interested in the missing bullet...why couldn't he have also said, 'hey, come to mention it, he seemed unusually interested in the Hernandez case'? It doesn't reveal anything about the investigation or what evidence they've gathered, etc. It's just hindsight musing.

I do not think I would give an interview at all, shrug. but if I did, I would not go near things I thought or knew that investigators were still looking into or that they had not released.

you know me. Just trying to examine all angles and throw stuff at walls hoping something sticks

 

[PoirotryInMotion]

Did this one get posted yet?

OSSIPEE, N.H. —A judge on Wednesday said she would rule as soon as possible on whether to move evidence including the trailer home of a man charged with kidnapping a 14-year-old girl who returned home after nine months.

<snipped>

At a hearing on Wednesday, public defender Jesse Friedman said Kibby, 34, maintains his innocence and that moving the structures would prevent him from determining what people saw or heard on the property. Kibby was arrested at his home on July 28.

"We're entitled to do our own testing, come up with our own photographs and diagrams," Friedman said.

Senior Assistant Attorney General Jane Young agreed not to move the structures until the judge rules.

<snipped>

http://www.wmur.com/news/attorneys-...utm_medium=twitter&utm_campaign=wmur9#!bxCOl7

 

[LookingHoping]

This tells me the state is serious about wanting to preserve the scene from contamination and take it apart bit by bit and thoroughly. And I got to thinking, even if they kept an officer on=scene for weeks or moths on end to try to keep the scene preserved, there would still be the issue of every day, every hour, every minute, every officer who guarded it being potentially called into question later at trial. KWIM? Say something is discovered during searching two weeks from now when perhaps the majority of officers on site are gone and it is simply being gaurded. Would the defense then be able to attempt to chip away at that guarding? Try to create reasonable doubt that someone had altered something?

I think part of this attempt by the state to move the entirety of the properties contents is about reducing the risk of too many cooks in the kitchen and exert control over exactly who has access and is touching what how often. Within the LE investigative team. Chain of evidence. The more bodies about the more opportunity for the defense to raise doubt that someone somewhere did not follow protocol, etc.

Agreed!!! It would become a controlled environment and that is what the defense SHOULD want&#8230;along with the state, obviously.

 

[newguy123]

If she returned home in the same outfit she left in.....obviously someone put some thought into this. Would they not also put a lot of thought into leaving as little a trail as possible for forensic evidence?
Gross thought for the evening......is he on a septic system with a holding tank? What is down there.....besides the obvious.

 

[tlcya]

Did this one get posted yet?

OSSIPEE, N.H. &#8212;A judge on Wednesday said she would rule as soon as possible on whether to move evidence including the trailer home of a man charged with kidnapping a 14-year-old girl who returned home after nine months.

<snipped>

At a hearing on Wednesday, public defender Jesse Friedman said Kibby, 34, maintains his innocence and that moving the structures would prevent him from determining what people saw or heard on the property. Kibby was arrested at his home on July 28.

"We're entitled to do our own testing, come up with our own photographs and diagrams," Friedman said.

Senior Assistant Attorney General Jane Young agreed not to move the structures until the judge rules.

<snipped>

http://www.wmur.com/news/attorneys-f...=wmur9#!bxCOl7

It's not a bad argument at all I have to say from my non lawyer self. Given this defense attorney has literally nothing to work with aside from whatever his own client has relayed, he is making every effort to figure out the state's case against Kibby. And he is not out in the press tooting his own horn or trying to try it in the press. He is lawyerin. And pretty well too JMO

 

[SStarr33]

It's not a bad argument at all I have to say from my non lawyer self. Given this defense attorney has literally nothing to work with aside from whatever his own client has relayed, he is making every effort to figure out the state's case against Kibby. And he is not out in the press tooting his own horn or trying to try it in the press. He is lawyerin. And pretty well too JMO

There should be no effort whatsoever for the attorney to know what the state's case is.

 

[SStarr33]

Anybody know why he wouldn't have been charged with false imprisonment?

http://www.law.cornell.edu/wex/false_imprisonment

FALSE IMPRISONMENT

An crime as well as an intentional tort. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. An act of restraint can be a physical barrier (such as a locked door), the use of physical force to restrain, a failure to release, or an invalid use of legal authority. Threats of immediate physical force are also sufficient to be acts of restraint. An area is only bounded if freedom of movement is limited in all directions. If there is a reasonable means of escape from the area, the area is not bounded.

 

[PoirotryInMotion]

Anybody know why he wouldn't have been charged with false imprisonment?

http://www.law.cornell.edu/wex/false_imprisonment

FALSE IMPRISONMENT

An crime as well as an intentional tort. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. An act of restraint can be a physical barrier (such as a locked door), the use of physical force to restrain, a failure to release, or an invalid use of legal authority. Threats of immediate physical force are also sufficient to be acts of restraint. An area is only bounded if freedom of movement is limited in all directions. If there is a reasonable means of escape from the area, the area is not bounded.

I'm no lawyer, but it's my guess because it concerns keeping a minor from her parents--that changes it to 'kidnapping.'

 

[SStarr33]

I'm no lawyer, but it's my guess because it concerns keeping a minor from her parents--that changes it to 'kidnapping.'

I'm thinking if he absconded with her and then kept her in the container against her will he would get charged with both.

 

[LookingHoping]

If she returned home in the same outfit she left in.....obviously someone put some thought into this. Would they not also put a lot of thought into leaving as little a trail as possible for forensic evidence?
Gross thought for the evening......is he on a septic system with a holding tank? What is down there.....besides the obvious.

This property is not on septic per the town tax card: http://www.caigisonline.com/GorhamNH/Docs/Batch/Vision_Property_Card/Vision ID_ 1273.pdf

 

[tlcya]

waiting on the evidence to become clearer. Hard to be patient. This legal wrangling is where it gets very interesting to me. The worried mama in me receeds and the case watcher in me comes to the forefront.

 

[PoirotryInMotion]

I'm thinking if he absconded with her and then kept her in the container against her will he would get charged with both.

Where's AnaTeresa, gitana1, or lawstudent...need them!

Did Castro (in Ohio--who kept three kidnap victims) get charged with both?

 

[bakerlady]

When the FBI gets involved in cases do they take the lead or just help alongside the local detectives? Do they withhold any information? Do the local detectives on the case share info with other officers or do they keep it secret? Does anyone know how it works?

Here is my theory about the sketch, all JMO.

Abby mentioned to LE that the guy was called Kibby and she described things about him like guns, politics, survivalist training, hunting, lived in NH, etc. If she mentioned this then maybe it simply was not shared with the police who gave Kibby his gun back.

IMO the detectives took the name and other info from Abby and did their OWN Internet sleuthing, similar to what we did here, and they discovered a guy called Kibby (or at least that was his online username n forums and such) who had the exact same interests as NK. They found images of this man online among all of his many forum posts and they copied his features and made their OWN sketch.

This 'other Kibby' had a very extensive online presence and AFAIK NK has zero online presence. They then jumped the gun and thought they had the right guy, when in fact it was just a crazy coincidence.

IMO I think Abby saw the sketch and questioned it because it was clearly not a sketch of NK. Maybe then she convinced them that they were sleuthing the wrong guy and in that 48 hours time they realized, oops! wrong Kibby!

 

[Fireweed]

The thing I cannot get over is that he has not been charged with any sort of sex crime.

 

[bakerlady]

Where's AnaTeresa, gitana1, or lawstudent...need them!

Did Castro (in Ohio--who kept three kidnap victims) get charged with both?

http://www.usatoday.com/story/news/...-castro-charged-with-kidnapping-rape/2513199/

In addition to the 512 counts of kidnapping, 446 counts of rape and seven counts of sexual abuse, Castro is also charged with two counts of aggravated murder for allegedly beating one of the women so severely that she lost a pregnancy. He also faces six counts of assault, three counts of child endangerment and one count of possessing criminal tools.

Where the heck did they get these numbers from? Those girls were missing for years!

 

[SStarr33]

Where's AnaTeresa, gitana1, or lawstudent...need them!

Did Castro (in Ohio--who kept three kidnap victims) get charged with both?

I looked it up and no for Castro, yes for the creep that took JC Dugard