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

[Steleheart]

Just thought I'd post the court schedule according to the State documents;

Cut and pasted from the PDF here; http://www.courts.state.nh.us/caseinfo/pdf/kibby/2015/12182015-kibbyschedule.pdf

"The court convened a hearing on December 17, 2015. All parties were present. At the
hearing, the parties agreed to the following modifications of the procedural schedule:

March 1, 2016: Defendant’s Expert Disclosure Deadline
April 8, 2016: State Disclosure of Jail Calls Deadline
April 15, 2016: Completion of all Depositions
April 22, 2016: Motion in Limine Deadline
May 13, 2016: Deadline for Objections/Responses to Motions in Limine
June 1-3, 2016: Pending Motions Hearing
June 8, 2016: Plea Deadline
June 13, 2016: Final Pretrial Conference
June 20, 2016: Jury Selection

After a colloquy with the defendant, the court agrees that the foregoing schedule is reasonable.
Accordingly, it is APPROVED."

See the full collection of State documents on the Kibby case:

http://www.courts.state.nh.us/caseinfo/pdf/kibby/index.htm

 

[Rivernh]

There was a news item about Kibby's motions to exclude evidence today on WMUR-most of them denied

http://www.wmur.com/news/judge-rejects-most-requests-from-man-accused-of-kidnapping-girl/37373998

One motion denied was the defense's contention that Jane Young should not prosecute because NK threatened her in a phone call from jail. The defense claimed she could not prosecute and be a victim. What a precedent that would have set! Afraid of the competency of your prosecutor? Threaten them. I'm glad they denied it.

Also denied was the defenses attempt to access AH's medical records from birth! They have since 2004, and to me that's way too much.

 

[Rivernh]

There was a news item about Kibby's motions to exclude evidence today on WMUR-most of them denied

http://www.wmur.com/news/judge-rejects-most-requests-from-man-accused-of-kidnapping-girl/37373998

One motion denied was the defense's contention that Jane Young should not prosecute because NK threatened her in a phone call from jail. The defense claimed she could not prosecute and be a victim. What a precedent that would have set! Afraid of the competency of your prosecutor? Threaten them. I'm glad they denied it.

Also denied was the defense's attempt to access AH's medical records from birth! They have since 2004, and to me that's way too much.

 

[Rivernh]

Kibby is in the news again, charges against his threats to JY have been dropped.

http://www.wmur.com/news/threatening-charges-dropped-against-man-accused-of-kidnapping/37945276 but it doesn't effect any of the charges involving AH

 

[Steleheart]

http://www.wmur.com/news/hearing-scheduled-in-case-of-gorham-man-accused-of-kidnapping/38558922

"It was revealed during the hearing that the state might argue that Kibby released his victim because he was concerned about getting busted on a forgery charge. The state said the court doesn't need to consider where the charge should be tried.
"The issue is truly whether the charges are related, and I don't know that it's really a venue issue at this stage of the proceedings," Assistant Attorney General Geoff Ward said.
The defense said including the forgery charge would be prejudicial to Kibby. Public defender John Bresaw said the forgery charge isn't related to the other charges."

******************

IIRC one of the charges against Kibby is that he forced her to participate in the printing of the forged bills. I will review the charges at the state site.

 

[Steleheart]

"The state wants a forensic examiner to look at Kibby’s bed frame, which is still inside his mobile home, to check it for tool marks that may be linked to Kibby’s online purchase of lock chocks, tie downs and D-rings prosecutors say were used to restrain the teen.But Jesse Friedman, one of Kibby’s public defenders, said in documents that the state’s motion violated both the New Hampshire and U.S. Constitutions, noting that the state had had access to the bed for “over 18 months.” -
See more at: http://www.unionleader.com/States-a...subject-of-hearing-today#sthash.3BYoPa23.dpuf

 

[Steleheart]

RE; Forgery. Yes the victim was involved.

"The defendant also submitted a motion to remove four cardboard discs as admissible evidence. The documents say that the victim stated the defendant ran a counterfeiting operation in which she would spray the fake bills with Scotchguard using the cardboard discs. The state argued that the discs were in plain view when authorities executed the search warrant and the court agreed."

http://www.wmwv.com/new-information-released-in-case-against-alleged-kidnapper-nathaniel-kibby/


Still looking at the State documents.

 

[Steleheart]

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/011116kibby-order.pdf

THE STATE OF NEW HAMPSHIRE
CARROLL, SS.
COOS, SS. SUPERIOR COURT
The State of New Hampshire
v.
Nathaniel Kibby
Nos. 212-2014-CR-195 and 214-2014-CR-153
ORDER​

Page 35

“While searching the storage container, a detective saw the four cardboard discs and was immediately aware of their incriminating nature because A.H. stated the defendant ran a counterfeiting operation in which she would spray the bills with Scotchgard using the cardboard discs.
The state does not contest the defendant’s claim that the court’s order did not authorize the seizure of the cardboard disks. It maintains, however, that the seizure was nevertheless lawful under the plain view exception to the warrant requirement.”

 

[Steleheart]

Also see photos of Bed Order forms, etc, pertaining to disputed search items;

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/030916kibby-mo.pdf

 

[MamaJoJo]

Thank you, Stele, for all of these posts. I continued to be shocked by it all.

 

[Steleheart]

I remember that the State wanted to relocate the trailer to preserve the evidence but the Defense objected.

It would not be unreasonable to speculate that this young victim experiences PTSD and that along with that come flash backs and fragmented recollections. IMO the State was looking forward to more evidence forthcoming as she recalls details over time. The defense also knew this would be likely. They use changing details in her statements as reasons to suppress evidence. Both sides will be able to find professional who can testify for both sides.
I shudder to think how long this can go on without plea deals on all charges.

:moo:

 

[Steleheart]

Thank you, Stele, for all of these posts. I continued to be shocked by it all.

Just imagine her Mom MamaJo.
As a Dad of 2 daughters I would be in jail and likely convicted by now because of him - but for everyone's sake he would still be alive to spend the rest of his life swearing, threatening and writing stupid manifestos and finally regretting his actions as an old man.
And then he dies.

 

[EmmaRose]

Just imagine her Mom MamaJo.
As a Dad of 2 daughters I would be in jail and likely convicted by now because of him - but for everyone's sake he would still be alive to spend the rest of his life swearing, threatening and writing stupid manifestos and finally regretting his actions as an old man.
And then he dies.

Every parents nightmare. And reading what we have been on what actually happened, I'm surprised he let her go. Or didn't kill her and hide her. His backyard is the White Mountain National Forest, which is a rugged and vast terrain with places she would never be discovered. I live in the foothills of the Whites and it is hard to believe such evil was being carried on here. My daughter and I were In that very area the day she was kidnapped. We were having a girls day out in the mountains. I shiver to think we were so close to that evil.

 

[mpnola]

I think about her all the time. No one knew what happened to her. And as we are finding out, it is much more horrible than anyone could ever have imagined. There are certain items I see that make me instantly cringe- today it is the mask. I do not know if she has rejoined social media or even returned to school, but I hope she is doing well. She will never fully heal from her experience, but I hope that she is able to feel safe and find joy. She certainly deserves it. I, too, cannot believe he ever let her go, but I am very happy he did. It is likely the only one act he did that was compassionate? I dont know. Thats not the right word, but if he only had one moment of goodness in him, I am glad he used it to let her go.

 

[Steleheart]

"Smukler, who did not issue any ruling Thursday, has previously ruled as admissible a Hewlett-Packard printer believed to be owned by Kibby that was located across the Moose River from his residence as well as four round cardboard pieces.The victim, said court documents, told authorities that Kibby had counterfeited U.S. currency in a process in which she “would spray the bills with Scotchgard using the cardboard discs.” -

See more at: http://www.unionleader.com/Prosecut...in-Kibby-kidnapping-case#sthash.KvFyH9p3.dpuf

 

[Aleph]

I think about her all the time. No one knew what happened to her. And as we are finding out, it is much more horrible than anyone could ever have imagined. There are certain items I see that make me instantly cringe- today it is the mask. I do not know if she has rejoined social media or even returned to school, but I hope she is doing well. She will never fully heal from her experience, but I hope that she is able to feel safe and find joy. She certainly deserves it. I, too, cannot believe he ever let her go, but I am very happy he did. It is likely the only one act he did that was compassionate? I dont know. Thats not the right word, but if he only had one moment of goodness in him, I am glad he used it to let her go.

I'm so happy and grateful that he let her go. Very unusual as these cases go. I guess he just didn't have it in him to be a killer, and that is great. She probably helped him along by being kind to him so that she would be humanized in his eyes. Very smart of her.

I admire the strength of the victim in this case very much. I also hope she's doing well.


Sent from my iPhone using Tapatalk

 

[Steleheart]

I think about her all the time. No one knew what happened to her. And as we are finding out, it is much more horrible than anyone could ever have imagined. There are certain items I see that make me instantly cringe- today it is the mask. I do not know if she has rejoined social media or even returned to school, but I hope she is doing well. She will never fully heal from her experience, but I hope that she is able to feel safe and find joy. She certainly deserves it. I, too, cannot believe he ever let her go, but I am very happy he did. It is likely the only one act he did that was compassionate? I dont know. Thats not the right word, but if he only had one moment of goodness in him, I am glad he used it to let her go.

I remember that Kibby had a court date on the day after he released her. It was for the assault charge. Many here thought that was the reason he released her since it looked likely he would go to jail and he could not leave her unattended to be found deceased. He had his captive disinfect the premises to remove her DNA. It's somewhere in the State Documents.
Turned out that the assault victim didn't show for the trial and it was dismissed.
These reports are the first I heard that he feared the counterfeiting charge.

I need to peruse my bookmarks regarding the assault charge.

ETA: IMO it had nothing to do with compassion since he threatened to kill her family if she gave an accurate description of him. So I think it was only to spare himself from a murder charge on top of everything else.

ETA2; I think he misunderstood the statute on kidnapping as regards releasing the victim unharmed in a safe location. North South Road in the dark is far from a safe location since that is where she was abducted from in broad daylight. And she was nowhere near "unharmed".

 

[Steleheart]

A hearing has been set for Monday 3/28
http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/032516kibby-no.pdf

This hearing is in regard to the first 5 indictments filed in Carroll County 12/15/14
http://www.courts.state.nh.us/caseinfo/pdf/kibby/121714kibby-ind1.pdf

 

[Steleheart]

http://www.wmur.com/news/nathaniel-kibby-to-appear-in-court/38724052

"A status conference was scheduled for Monday in Belknap County Superior Court, but was canceled. The reason wasn't immediately known."

And on it goes,,,

 

[Steleheart]

"Friday, the state's Superior Court ruled against the defense and said Kibby's motion to continue is "denied without prejudice."

http://www.nh1.com/news/request-to-push-back-kibby-trial-denied-by-judge/
http://www.nh1.com/news/defense-attorney-s-for-nathaniel-kibby-seek-trial-date-extension/