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

Discussion in 'Recently Sentenced and Beyond' started by bessie, Jul 29, 2014.

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  1. PoirotryInMotion

    PoirotryInMotion Registered Muser

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    I'm not sure, but wouldn't his keeping her confined there constitute the "criminal act" on his property (at the very least) that he's been charged with? That's the kidnapping charge (and felony B implies--at least at this point--no 'bodily harm' crimes, yet).
     


  2. bessie

    bessie Verified Insider

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    Can't say I recall an entire mobile home being taken away. I do remember this scene in Samantha Koenig's murder case when Israel Keyes' entire shed was hauled off.

    [​IMG]

    http://www.adn.com/node/1436586

    Seems like in Aliahna Lemmon's murder the mobile home was removed by LE as evidence. I'll have to check that out. The difference is that those both were homicide cases.
     
  3. tlcya

    tlcya Old and Tired Websleuth

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    Wow, I don't remember that and I followed Ariana. I wish I had that good a memory!
     
  4. bessie

    bessie Verified Insider

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    Plumadore's trailer towed away at officials' request
    Updated: Friday, 30 Dec 2011, 8:13 PM EST

    FORT WAYNE (WANE) - The mobile home Michael Plumadore was living in when he allegedly killed Aliahna Lemmon last week was moved Friday.

    The trailer originally was home to Lemmon's grandfather, who died in early December. The Allen County Chief Deputy Prosecutor says the mobile home was moved by the county's request, to preserve evidence.

    www-wishtv.com/dpp/news/india...icials-request

    [HR][/HR]<bbm>

    The media link no longer works, but here's the link to the post where the above first was posted on WS.

    http://www.websleuths.com/forums/showthread.php?159025-The-Trailer-Park&p=7482744#post7482744


    @tlcya: (Just don't ask me what I ate for lunch yesterday. :facepalm:)
     
  5. Fireweed

    Fireweed New Member

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  6. EmmaRose

    EmmaRose Well-Known Member

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    I have to agree with what ticya mentioned that perhaps kibby is trying to block removal of the trailer and container because he knows that when it is broken down, something could be discovered.

    Must be burning him, since he isn't a big fan of law enforcement, it seems, MOO, from what I've read. I see Kibby trying to get his way via his public defender and in his head he is going to "win this". I can't help remembering the retired cop who was very familiar with NK and his prior escapades-- saying that Kibby had something like tunnel vision and could only see things one way: his way. Since most of Nate's charges in the past have been reduced or dropped, he may feel he can talk his way out of this one too and expects to go home soon and wants his trailer and container on his property for his arrival...
     
  7. Fireweed

    Fireweed New Member

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    Well, if those in charge of his entire judicial process are not careful, then the whole thing will just get reversed on appeal anyway.
     
  8. PoirotryInMotion

    PoirotryInMotion Registered Muser

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    That was my thought. I'd think they'd want to ensure defense had no cause for complaint about the integrity of the evidence. And besides, wouldn't it be far simpler to station a guard at the site than to chop this all up and cart if off somewhere (and also guard it there)?
     
  9. Rivernh

    Rivernh Member

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    I would think that they could secure it with fencing and alarms around the perimeter. That couldn't cost more than moving it. Or just guard it until such a time that the defense is allowed to inspect it? I can appreciate the defense attorney wanting a chance to see it and inspect it as it stands on the property.
     
  10. white rabbit

    white rabbit Well-Known Member

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    here we go folks...tomorrow we might learn more...might...

    http://www.necn.com/news/new-england/Abigail-Hernandez-Suspect-to-Appear-in-Court-270068421.html

    Nathaniel Kibby, accused of kidnapping 15-year-old Abigail Hernandez last October, is due to appear in court Wednesday.

    Lawyers for Kibby asked for an expedited hearing on the preservation of evidence.

    They argue that the evidence in question is necessary for them to prepare their argument and understand the scope of the charges.
     
  11. Fireweed

    Fireweed New Member

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    Removing someone's entire home for a crime that carries a max of seven years seems excessive to me. And I know that I will be told that "he is going to be charged with more crimes," but right now, he has only been charged with one crime. What if his bail-reduction hearing tomorrow is a success and he gets out on bail? Well then where he is supposed to go? I mean, I know that they likely have a lot more stuff on this guy, but let's just pretend for a moment that the criminal justice system is functioning the way it should. In theory, this man could be free until his trial by 10 am tomorrow, and what, his house is gone indefinitely? How long can LE even search someone's house? Apparently they can just take it away and search it for as long as they like.

    And I am in no way defending this guy, but assuming he is the monster he has been charged with being, then surely it is in the state's best interest to make sure he will not be getting out on appeal in two years.
     
  12. Not Without Peril

    Not Without Peril New Member

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    I would not defend Kibby. But if I did, I would file such a motion.

    In the best case scenario for the defense, nothing is found. In the worst case scenario, something, that helps the prosecutor's case, is found. The motion, if granted, would work to prevent a fishing expedition.
     
  13. Fireweed

    Fireweed New Member

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    If I were his defense attorney, I would file every single motion I possibly could. I would get as many adverse rulings as I could. I would do everything in my power to preserve every unconstitutional ruling for appeal that I could. If this defense attorney is smart that is exactly what he will do. If he has noticed the same pattern in this case that I have, then I would say he would be foolish not to go out there and ask for every single thing he can since he knows that it will be denied.

    I got my popcorn popped.
     
  14. newguy123

    newguy123 Well-Known Member

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    It said they were hoping to have phone and text records preserved. Wondering does this mean they have found her phone? If not, what records would they have that needed preserving, that LE has not already checked out?
     
  15. Fireweed

    Fireweed New Member

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    I was told by a couple of people here that they would not need her physical phone for any of that. I guess now I am assuming that they are talking about Kibby's phone maybe?
     
  16. newguy123

    newguy123 Well-Known Member

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    That's what I thought I read somewhere....they didn't need the physical phone of hers to see who was called or texted or that they could actually see the texts. Not sure if that is true. For arguments sake if it is true that they texted, wouldn't it show up on her records? They wouldn't need his to know that......I guess we will know soon enough.
    The whole thing confuses me.....they want to ensure evidence is preserved? Are they afraid it would be destroyed or "lost" somehow otherwise? I must be more naïve than I realize!
     
  17. SStarr33

    SStarr33 Inactive

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    I think that the actual texts are only available from certain carriers, so you would need the actual phone to see them. Also, google deletes records after a certain amount of time, so maybe they want to put them on notice.
     
  18. SStarr33

    SStarr33 Inactive

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  19. newguy123

    newguy123 Well-Known Member

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    Thanks.....I guess I'll have to be patient and see what unfolds.
     
  20. Not Without Peril

    Not Without Peril New Member

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    A defendant has a due process right to inspect potentially exculpatory evidence. The prosecutor, therefore, must preserve potentially exculpatory evidence so that the defendant may inspect it. Therefore, your question should be as follows: "what records would [the prosecutor] have that needed preserving, that [Kibby] has not already checked out?"
     
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