GUILTY NH - Abby Hernandez, 14, North Conway, 9 Oct 2013 - #15

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Steleheart said:
http://www.unionleader.com/article/20150830/NEWS21/150839963

<snipped>
"And Amanda Grady Sexton of the New Hampshire Coalition Against Domestic and Sexual Violence is calling on the court, media and advocates to figure out how to best protect the young victim during that trial.“This is the type of case that is something you've seen in a horror movie,” she said. “And so we've got till March to get this right.” http://www.unionleader.com/article/20150830/NEWS21/150839963#sthash.7Ou69ZwY.dpuf

<snipped>
"In the upcoming Kibby trial, it's not only protecting the identity of the victim that concerns Chapman. He also worries about what intensive coverage of what is expected to be graphic testimony will mean for the young girl in her community, where an intensive search was launched after she disappeared. “If you've got a lot of graphic reporting, it's not about some abstract person,” he said."
Click to expand...
I am so thankful they are taking this so seriously! We don't always see that for victims.
 
east2west said:
Is this the first mention of being abducted at gunpoint?

Nathaniel Kibby, 34, of Gorham, is charged with kidnapping a 14-year-old girl at gunpoint in Conway on Oct. 9, 2013 - See more at: http://www.unionleader.com/article/20150830/NEWS21/150839963&template=mobileart#sthash.2MXyge2F.dpuf
Click to expand...

No, the Indictments filed in Carroll County 12/15/ 14 made it clear, specifically "Robbery" ("... Kibby was actually armed with a deadly weapon..."),

"Criminal Threatening" ("...by holding a firearm to the female and telling the female that he could shoot the female, that firearm being a deadly weapon as defined in RSA 625:11,V")

and "Felonious Use of a Firearm" ("when armed with a firearm").
http://www.courts.state.nh.us/caseinfo/pdf/kibby/121714kibby-ind1.pdf

The other indictments in Coos County also spell out his use of a stun gun.
http://www.courts.state.nh.us/caseinfo/pdf/kibby/index.htm
 
Steleheart...thanks. I had never read or heard about being abducted at gunpoint. Thanks for the links.
 
My heart goes out to AH and how sensitive the courts and victim organisations are being with her. I cannot imagine as a teenager how I would feel knowing that everything I had survived at the hands of a sexual predator was going to be shared with the world. It would be mortifying. I hope that the compassion of her community and family and friends supports her through this.
 
<snipped>
"A Gorham man accused of kidnapping, confining and sexually assaulting a Conway teenager will first be tried on those charges, a Carroll County judge ruled Monday, before he is then tried on charges of allegedly threatening the state attorney who is prosecuting him in that case." - See more at: http://www.unionleader.com/Kibby_to_be_tried_for_threatening_prosecutor_#sthash.LH5lgm4u.dpuf

So the criminal threatening and related charges would have made a good base for the prosecution of the kidnapping, etc., to show what kind of criminal Kibby is, IMO. But it won't be tried until after that case.

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2015/07172015-kibbyindict.pdf
 
Steleheart said:
No, the Indictments filed in Carroll County 12/15/ 14 made it clear, specifically "Robbery" ("... Kibby was actually armed with a deadly weapon..."),

"Criminal Threatening" ("...by holding a firearm to the female and telling the female that he could shoot the female, that firearm being a deadly weapon as defined in RSA 625:11,V")

and "Felonious Use of a Firearm" ("when armed with a firearm").
http://www.courts.state.nh.us/caseinfo/pdf/kibby/121714kibby-ind1.pdf

The other indictments in Coos County also spell out his use of a stun gun.
http://www.courts.state.nh.us/caseinfo/pdf/kibby/index.htm
Click to expand...

Thanks Steleheart for this links.
I haven't read the indictments before, but I did now. This is so horrible. All those rape charges. Electric dog collar? Really? OMG what a monster. Wasn't the continuous rape enough humiliation already? This and the other details of her confinement are the definitive proof that he planned this. This doesn't seem like a spur of the moment thing. He was prepared. And he was armed when she was taken and used a teaser on several places of her body too. I haven't seen those details before either.
I'm afraid to imagine what more gruesome details could be concealed under the blackened out lines. Now I'm actually sorry I've read the documents, because this seems even more horrible than what I imagined before.

Poor Girl. I hope she has all the help she will need to heal from this ordeal. How strong she is to have been able to face him in court. I admire her for that. I have no idea if I would have been able to sit so close to him so soon in court, and that with all the press around her.

A, if you read here -actually, I hope you're not-, but if you do, I just want to let you know that I'm thinking of you, lovely girl. Please know that you are not alone. There are a lot of us who are sending you our love, warmth, white light and healing energy daily. I hope this can give you a little strength and comfort on your path to healing.
 
Orgona, I too wondered if she ever read here and knew how much support she has, but as you said, probably best she doesn't. I sometimes find myself wondering how she is doing, how much she has healed, and hope it is exponentially more than I can even hope for. I have never met her. I'll probably never meet her. However, somehow, someway I do hope she feels the positive energy so many of us have channeled her way. I must admit I'd love to have an update on her, but must temper that with respecting her privacy. Her healing is so much more important than my curiosity regardless of how well meaning it is.
Right now I hope every legal "I" is dotted and every "t" crossed so that this creep can never escape justice on technicalities. Must admit too that I wish he'd confess and save her the pain of a trial.
 
As for the recorded calls and jail visits, the state noted that Kibby signed a copy of the inmate handbook which reads "inmate telephone calls are subject to interception, monitoring and recording with the exception of those calls placed to an attorney representing you." The state says in his recorded conversations, he admits to the kidnapping and provides information that corroborates the victim's account of the crimes.

http://www.myfoxboston.com/story/30512660/state-files-several-motions-in-nh-kidnapping-case
 
tlcya said:
As for the recorded calls and jail visits, the state noted that Kibby signed a copy of the inmate handbook which reads "inmate telephone calls are subject to interception, monitoring and recording with the exception of those calls placed to an attorney representing you." The state says in his recorded conversations, he admits to the kidnapping and provides information that corroborates the victim's account of the crimes.

http://www.myfoxboston.com/story/30512660/state-files-several-motions-in-nh-kidnapping-case
Click to expand...

When I was working in criminal defense, it never ceased to amaze me how many people would talk about their case on the phone, even after being repeatedly told by their attorneys not to and that it was being recorded.

I can't decide if it's stupidity or arrogance. In Kibby's case, I think it's the latter.
 
I feel really compelled to vent for a second. When AH was taken I took a TON of heat for my gut instinct theory that she was stalked and this act was committed by a stranger. In light of the past several months of discovery being released those who have followed the case from day one may remember the heat I took..... the discovery shows otherwise. There was NO contact prior to her abduction and he was in fact a stranger.....lesson for my fellow sleuthers, don't EVER let anyone sway your instinct on anything..... because most likely you are right.
I spent 9 and a half months advocating for this child, cooperating with police, providing my insight and it was all taken very seriously by law enforcement. Forums can be cruel, difficult for the family and friends and even advocates, but I never waivered. Follow your gut instinct always. And don't try and tell other members that their theories are "wrong" just agree to disagree. I hate that I was right. but I was.... this was a stranger to her
 
takeitfromme412 said:
I feel really compelled to vent for a second. When AH was taken I took a TON of heat for my gut instinct theory that she was stalked and this act was committed by a stranger. In light of the past several months of discovery being released those who have followed the case from day one may remember the heat I took..... the discovery shows otherwise. There was NO contact prior to her abduction and he was in fact a stranger.....lesson for my fellow sleuthers, don't EVER let anyone sway your instinct on anything..... because most likely you are right.
I spent 9 and a half months advocating for this child, cooperating with police, providing my insight and it was all taken very seriously by law enforcement. Forums can be cruel, difficult for the family and friends and even advocates, but I never waivered. Follow your gut instinct always. And don't try and tell other members that their theories are "wrong" just agree to disagree. I hate that I was right. but I was.... this was a stranger to her
Click to expand...

Good for you, keep sticking to your guns. This case started before I joined but I also thought it was a stranger. The only thing I was wrong about was thinking she wouldn't be found alive, I was so glad to be wrong about that.
 
pappa rob said:
Good for you, keep sticking to your guns. This case started before I joined but I also thought it was a stranger. The only thing I was wrong about was thinking she wouldn't be found alive, I was so glad to be wrong about that.
Click to expand...

I'm with you Pappy. I have thought long and hard about that and I remember saying "Sadly IMO she did not last longer than her phone". Now I realize that the reason I thought that was that I did not want to come to terms that this wonderful young girl would have to live through that every day.

She did though.

And I was wrong.

And I was never so happy to be so wrong.

God Bless her; Spirit and Soul.

MOO
 
takeitfromme412 said:
I feel really compelled to vent for a second. When AH was taken I took a TON of heat for my gut instinct theory that she was stalked and this act was committed by a stranger. In light of the past several months of discovery being released those who have followed the case from day one may remember the heat I took..... the discovery shows otherwise. There was NO contact prior to her abduction and he was in fact a stranger.....lesson for my fellow sleuthers, don't EVER let anyone sway your instinct on anything..... because most likely you are right.
I spent 9 and a half months advocating for this child, cooperating with police, providing my insight and it was all taken very seriously by law enforcement. Forums can be cruel, difficult for the family and friends and even advocates, but I never waivered. Follow your gut instinct always. And don't try and tell other members that their theories are "wrong" just agree to disagree. I hate that I was right. but I was.... this was a stranger to her
Click to expand...

Remember when we were searching the RSO's who had not registered? Those were dead ends but needed to be done. I knew this was random. You helped me see that. I guess I didn't want her to have suffered. But your instincts kept quite a few people going.
The other part was that he was so crazy and she was so together. Like her family. So all those months I KNEW that something kept The FBI, KR and NH JY going.
That clue is not my business. If it comes out well, good.

My prayers are with those girls. and Take... Stick wit yer gut.

MOO
 
takeitfromme412 said:
I feel really compelled to vent for a second. When AH was taken I took a TON of heat for my gut instinct theory that she was stalked and this act was committed by a stranger. In light of the past several months of discovery being released those who have followed the case from day one may remember the heat I took..... the discovery shows otherwise. There was NO contact prior to her abduction and he was in fact a stranger.....lesson for my fellow sleuthers, don't EVER let anyone sway your instinct on anything..... because most likely you are right.
I spent 9 and a half months advocating for this child, cooperating with police, providing my insight and it was all taken very seriously by law enforcement. Forums can be cruel, difficult for the family and friends and even advocates, but I never waivered. Follow your gut instinct always. And don't try and tell other members that their theories are "wrong" just agree to disagree. I hate that I was right. but I was.... this was a stranger to her
Click to expand...

:clap::takeabow::blowkiss:
 
Woah - he admitted it in his phone calls? That's brilliant!

Hopefully his lawyer will be able to convince him to plead guilty and spare poor A from having to testify.
 
"Transcript" from Pre-trial hearing via @amyWMUR https://twitter.com/amyWMUR

Read from bottom up.

- A ball gag is among the evidence obtained during what the defense calls a #warrantless search of #nathanielkibby trailer. #wmur
- next item: container w/ women's clothing. state: affadavit est. clothing could contain dna, bodily fluids, etc. thus probable cause. #wmur
- next warrant: 8/1/2014 regarding CDs, DVDs, videocamera. Invest. found binder w/ these items, many of them contained *advertiser censored* . #wmur
- defense: sex toys found in drawer in #nathanielkibby bedroom were 'male' in nature. does not support probable cause. #wmur
- state concedes:sex toy not listed on warrant but in cases of kidnap that sexual assaults w/ 'toys' can be a component #nathanielkibby #wmur
- state: Next item under suppression omnibus motion: sex toys. sex toys were seized to look for dna evidence #nathanielkibby #wmur
- prosecutor:next item is an HP printer found by fish&game officer on a diff property printer was wrapped in trash bag. #nathanielkibby #wmur
- court docs: the victim claims #nathianelkibby got the idea to kidnap her based on bondage pornagraphy. #wmur
- next item for suppression: firearms. a 'long gun' and 'semi automatic' were seized. victim did not provide specifics of gun..#wmur
- prosecution says: victim's eyes were taped shut or she was blindfolded for sig. amt. of time during captivity. #nathanielkibby #wmur
- defense : #nathanielkibby laptop. argues contents should be suppressed. laptop brought to #staples office store to transfer data #wmur
- Jane Young: victim provided false statement to police initially based on threats by #nathanielkibby to harm her family . #wmur
- defense:it's clear victim was lying to police when she 1st came home. cites 2 diff. versions of how she was captured. #nathanielkibby #wmur
- Allison Schwartz def. attorney #nathanielkibby addressing court calling much of seized evidence was during 'warantless search' #wmur
- #nathanielkibby shaking his head as prosecutor addresses court re. suppression motion: defendant is not entitled to hearing re mask. #wmur
- Jane Young: victim told police #nathanielkibby would harm her family, pets, friends if she revealed his identity. #wmur.
- def. claims no 'probable cause' to sieze mask from his trailer. #wmur
- initial statement from victim told investigators her captor wore a mask. a 'scream style' mask. #nathanielkibby #wmur
- Omnibus motions are up next. #nathanielkibby #wmur
- defense questioning the crediblity of james berube, state's witness who transported #nathanielkibby. suggesting he was interrogated.#wmur
- Court docs:the victim was held hostage for 284 days & sexually assaulted nearly every day in 'multiple manners' #nathanialkibby #wmur
- Fmr NHSP say the verbal exchanges with a person in custody are 'scripted' ..limited in scope. #wmur.
- #nathanielkibby has taken a page of notes on a legal pad during cross exam. of fmr. NHSP re. car ride to Conway PD last year. #wmur.
- Defense asking James Berube about 7/28/14: describing the uniform: belt, holster, gun...prompts light laughter inclu. #nathanielkibby #wmur
- 1stwitness for supression motion: dep sheriff James Berube : was assigned to set up perimeter at Gorham trailer park where Kibby lived #wmur
- Motion to recuse Jane Young from the #nathanielkibby trial is denied by Hon. Larry Smukler. #wmur
- Jason Casey for state:arguing precedent allowing for J. Young to remain lead prosecutor despite alleged misconduct by #nathanielkibby #wmur
- def. :we've been buried under 34K pages/ discovery. Defense: 2 simultaneous cases, j. young can't be victim in 1, prosecutor in other #wmur
- At issue is jailhouse recording where #nathanielkibby allegedly threatens Janey Young #wmur
- first motion is to recuse lead prosecutor Jane Young from the case. defense atty. says: my client maintains innocence on all charges. #wmur
- 4 lawyers at defense table #nathanielkibby 4 at the prosecution table. Judge Larry Smukler presiding..same judge as #owenlabrie #wmur
- #nathanielkibby just arrived w/ defense team. dressed in blue button down shirt and dark blue tie, khakis and leg shackles. #wmur
- #nathanielkibby is charged with 205 indictments -160 are sexual assault indictments. half of which are 'alternate charges'. #wmur
- Pre-trial hearing expected to start in 10 to 15 min. #nathanielkibby facing 205 charges in the 2013 disappearance of a n. conway teen #wmur
 
Max17 said:
"Transcript" from Pre-trial hearing via @amyWMUR https://twitter.com/amyWMUR

Read from bottom up.

- A ball gag is among the evidence obtained during what the defense calls a #warrantless search of #nathanielkibby trailer. #wmur
- next item: container w/ women's clothing. state: affadavit est. clothing could contain dna, bodily fluids, etc. thus probable cause. #wmur
- next warrant: 8/1/2014 regarding CDs, DVDs, videocamera. Invest. found binder w/ these items, many of them contained *advertiser censored* . #wmur
- defense: sex toys found in drawer in #nathanielkibby bedroom were 'male' in nature. does not support probable cause. #wmur
- state concedes:sex toy not listed on warrant but in cases of kidnap that sexual assaults w/ 'toys' can be a component #nathanielkibby #wmur
- state: Next item under suppression omnibus motion: sex toys. sex toys were seized to look for dna evidence #nathanielkibby #wmur
- prosecutor:next item is an HP printer found by fish&game officer on a diff property printer was wrapped in trash bag. #nathanielkibby #wmur
- court docs: the victim claims #nathianelkibby got the idea to kidnap her based on bondage pornagraphy. #wmur
- next item for suppression: firearms. a 'long gun' and 'semi automatic' were seized. victim did not provide specifics of gun..#wmur
- prosecution says: victim's eyes were taped shut or she was blindfolded for sig. amt. of time during captivity. #nathanielkibby #wmur
- defense : #nathanielkibby laptop. argues contents should be suppressed. laptop brought to #staples office store to transfer data #wmur
- Jane Young: victim provided false statement to police initially based on threats by #nathanielkibby to harm her family . #wmur
- defense:it's clear victim was lying to police when she 1st came home. cites 2 diff. versions of how she was captured. #nathanielkibby #wmur
- Allison Schwartz def. attorney #nathanielkibby addressing court calling much of seized evidence was during 'warantless search' #wmur
- #nathanielkibby shaking his head as prosecutor addresses court re. suppression motion: defendant is not entitled to hearing re mask. #wmur
- Jane Young: victim told police #nathanielkibby would harm her family, pets, friends if she revealed his identity. #wmur.
- def. claims no 'probable cause' to sieze mask from his trailer. #wmur
- initial statement from victim told investigators her captor wore a mask. a 'scream style' mask. #nathanielkibby #wmur
- Omnibus motions are up next. #nathanielkibby #wmur
- defense questioning the crediblity of james berube, state's witness who transported #nathanielkibby. suggesting he was interrogated.#wmur
- Court docs:the victim was held hostage for 284 days & sexually assaulted nearly every day in 'multiple manners' #nathanialkibby #wmur
- Fmr NHSP say the verbal exchanges with a person in custody are 'scripted' ..limited in scope. #wmur.
- #nathanielkibby has taken a page of notes on a legal pad during cross exam. of fmr. NHSP re. car ride to Conway PD last year. #wmur.
- Defense asking James Berube about 7/28/14: describing the uniform: belt, holster, gun...prompts light laughter inclu. #nathanielkibby #wmur
- 1stwitness for supression motion: dep sheriff James Berube : was assigned to set up perimeter at Gorham trailer park where Kibby lived #wmur
- Motion to recuse Jane Young from the #nathanielkibby trial is denied by Hon. Larry Smukler. #wmur
- Jason Casey for state:arguing precedent allowing for J. Young to remain lead prosecutor despite alleged misconduct by #nathanielkibby #wmur
- def. :we've been buried under 34K pages/ discovery. Defense: 2 simultaneous cases, j. young can't be victim in 1, prosecutor in other #wmur
- At issue is jailhouse recording where #nathanielkibby allegedly threatens Janey Young #wmur
- first motion is to recuse lead prosecutor Jane Young from the case. defense atty. says: my client maintains innocence on all charges. #wmur
- 4 lawyers at defense table #nathanielkibby 4 at the prosecution table. Judge Larry Smukler presiding..same judge as #owenlabrie #wmur
- #nathanielkibby just arrived w/ defense team. dressed in blue button down shirt and dark blue tie, khakis and leg shackles. #wmur
- #nathanielkibby is charged with 205 indictments -160 are sexual assault indictments. half of which are 'alternate charges'. #wmur
- Pre-trial hearing expected to start in 10 to 15 min. #nathanielkibby facing 205 charges in the 2013 disappearance of a n. conway teen #wmur
Click to expand...

no words :(
 
Sick..... He doesn't even deserve to have any rights! He took hers away. I hope he rots a long cold life in jail.
 
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