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

[Steleheart]

http://www.wmur.com/news/kibby-defense-asks-for-more-time-to-prepare-case/38991526

<snip>
"Lead defense attorney Jesse Friedman said he lost two key members of the defense team earlier this year, and he told the court that he's buried under 43,000 pages of discovery. "
<snip>
"Judge, when you have a case that's 43,000 pages, it's not so easy to have somebody else come in and take over someone else's role," Friedman said."
<snip>
"Friedman said he needs more time, not more lawyers, and needs more cooperation from the state, telling the court that the state is burying his team with documents they already have.

"They give us some flip comment of, 'Oh, you already have a lot of that stuff,' Friedman said. "And they hand us the packet, and we need to look through every page and figure out, is this the image we've already seen? Is this the image we've already seen?"

++++++++

Oh dear, we have to do our job and it's hahd!
Whah whah.

 

[Steleheart]

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/041516kibby-order.pdf

"The court heard argument on April 12,
2016. Because the court is not convinced that a continuance is required in light of enlarged interim
deadlines, the defendant’s motion to continue is DENIED without prejudice, and the state’s cross motion
is DENIED."

"As the state’s objection further observes, since the defendant was indicted in December 2014,
the defense has previously requested and received one trial continuance (over the state’s objection)
and several deadline extensions. The court initially scheduled jury selection for March 21, 2016, with
an expert disclosure date of December 1, 2015. One week before expert disclosures were due, the defense
requested an enlargement of the deadline until January 12, 2016. The state assented to an extension
of December 18, 2015, and the court granted the extension to that extent. On December 15,
2015, the defense requested a further six-month trial continuance. The court observed that the original
trial date was set to afford ample time for preparations in order to avoid a continuance, but nonetheless
granted a three-month continuance and scheduled jury selection for June 20, 2016. The expert
disclosure deadline was enlarged to March 1, 2016. The defense later requested another extension of
this deadline to March 18, 2016. The state assented. On March 18, 2016, the defense provided the
name of an expert witness and the expected substance of the testimony, but the state did not receive
the expert report until April 4, 2016. The defense also disclosed an expert, Dr. Ralph Philosophe, to
the state for the first time on April 4, 2016. The deadline for depositions is April 15, 2016."

===============

And on and on, delay, delay... The court is now saying enough, hopefully.
Maybe time for a plea?

This young kidnap survivor deserves a life at some point so when will she be able to move on?
In some ways never. And that is very sad.

MOO

 

[ClaireNC]

Thanks for the updates Steleheart. These delays are certainly frustrating.

Anybody have any thoughts on why the defense would be calling in a Obstetrician/Gynecologist to testify as an expert?

 

[Steleheart]

Thanks for the updates Steleheart. These delays are certainly frustrating.

Anybody have any thoughts on why the defense would be calling in a Obstetrician/Gynecologist to testify as an expert?

Somehow I missed that. Can you point me too it?

My only thought on that is because it relates to the multiple repeated sexual assaults.

ETA: I found the reference to Dr. Ralph Philosophe. DUH

 

[2Hope4]

The sooner he rots in prison, the better! No more delays. Get this trial started and plead guilty to save AH from having to testify to all he did. Living it once was enough for a lifetime. Having to relive it through testimony is cruel. She's suffered, and is a victim! Just plead guilty you monster!!!!

 

[Manderz]

I mean seriously it's as if this monster hasn't done enough. It's like he wants to relive everything during a trial, because surely with all this evidence there's no way in hell he's getting out of this. Like everyone else said, just take a plea deal already and stop this nightmare!

 

[Steleheart]

Kidnapping defendant wants record purged of other case

http://www.wmur.com/news/kidnapping-defendant-wants-record-purged-of-other-case/39287632

http://www.wmur.com/news/kibby-handwritten-motion/39294630

 

[tlcya]

In his motion, Kibby wrote that the county attorney obtained the indictments against him by "presenting the false testimony of a New Hampshire State Police officer ... with the knowledge that the officer would fabricate and deliberately deceive the grand jury about the audio contents of a recorded jail conversation."


He said prosecutors crafted the allegation that he threatened to sexually assault Young in what he called "a prosecutorial gambit of Mad Libs."

http://www.wmur.com/news/kidnapping-defendant-wants-record-purged-of-other-case/39287632

Yep, it's all a big conspiracy against Kibby.

 

[Stripehaven]

What an utterly loathesome . I can hardly stand to follow this case anymore. Hoping with all my heart that AH is healing. She is so strong.

 

[Steleheart]

In his motion, Kibby wrote that the county attorney obtained the indictments against him by "presenting the false testimony of a New Hampshire State Police officer ... with the knowledge that the officer would fabricate and deliberately deceive the grand jury about the audio contents of a recorded jail conversation."


He said prosecutors crafted the allegation that he threatened to sexually assault Young in what he called "a prosecutorial gambit of Mad Libs."

http://www.wmur.com/news/kidnapping-defendant-wants-record-purged-of-other-case/39287632

Yep, it's all a big conspiracy against Kibby.

LOL It was a recorded phone call though.

Shovel Mr Kibble, I mean Kibby.

 

[Steleheart]

At this point he is only being held on bail in jail. That means he has not yet been convicted of a crime and can only be held confined. It's not punishment for a crime. Yet.
So at this time he is separated from those hard criminals who hate child rapists.

When he is convicted and sent to prison as punishment it mat not be that way.

In the general population he might not be feeling so comfy that he can think about and write such stupid motions.

He might be busy.

:cow: :moo:

 

[LookingForClues]

Seriously. This just makes me angry. This case needs to move forward so AH can get on with her life and with healing. I hope she is finding joy in life. She deserves it.

 

[newguy123]

I'm guessing he figures at this point what does he have to lose by dragging this out? Maybe he figures he can escape justice on a technicality? If he suddenly confessed to everything and spared AH having to live thru a trial, would it change his sentencing? If he was a decent human being concerned about others, none of this would have happened. So what would make him suddenly start acting decently?

 

[newguy123]

I should note by "decently" I just meant thinking of his victim and sparing her living thru the horrors of reliving events thru a trial.

 

[mpnola]

He reminds me of Arron Lewis in Beverly Carter's case. He will want his share of the limelight. He will go to court, for that reason alone. He even might take the stand, as Arron did. Sealed his own fate, thankfully.

 

[tlcya]

MOO, he genuinely thinks he is smarter than everyone else and can out lawyer the lawyers and really looks forward to his day in court. Just saying I think he thinks quite highly of himself.

 

[Steleheart]

The State document of the handwritten motion;

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/041816kibby-obj.pdf


Eeejit.

 

[margarita25]

May justice prevail. If there is such a thing. A tshirt over her head with a motorcycle helmet on, a hose to a fish tank for her water. The list goes on. What AH must've endured is unspeakable, unimaginable. This was absolute torture and the key needs to be thrown away like yesterday. I'm grateful he let her live, AH is strong I think- those images of her in court...

:grouphug:
For AH

(Special hugs also to MamaJoJo and Skibaboo. We seemed to be synchronized. Up until the absolute last moment before she was released, literally. I don't know how we had those feelings together, but we did.)

 

[MamaJoJo]

It's still hard to put into words how profoundly AH's abduction and torture has affected me. We were fighting so hard to figure out what happened, so much hope that she was still alive, so much sleuthing, digging, setting the record straight, supporting each other. All of it! And then, after she returned, finding out what she had been through, how she survived, knowing that she would have to pull every last drop of warrior princess out of herself to continue to survive...it's just overwhelming.

I give special hugs to you, too, Margarita...and to Skibby, Stele, Take...there was a synchronicity between us and such a powerful drive. I don't mean to exclude other posters. We all were in it together. I am thankful for the experience.

I think AH is getting lots of hugs and lots of doggie kisses and every part of my being hopes that she is thriving.

 

[Steleheart]

We remember thinking of her fur babies and how they missed her. Long, long before she came home.
That miracle alone gave me a new hope in God.