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

[Not Without Peril]

Use of the word false when describing information provided by a victim implies knowledge of doing so and I think that is where the offense comes in. JMO

When I use the word "false," I mean "contrary to the truth."

Personally, I believe that Abigail was a victim and that she did not run away voluntarily. If Kibby was, in fact, one of (or her sole) abductor/abuser, he should be locked up for good (he would actually deserve far, far worse than that). If there were others, they should get the same. Personally, that is why I believe that the information Abigail provided should be taken seriously and examined.

 

[Not Without Peril]

I have this, perhaps, unreasonable fear that a certain scenario may play out. What if Abigail is simply not prepared to address the abuse that she suffered? What if she has not (and does not) articulate the details of her confinement prior to Kibby's trial? If he abused her in any respect (and, if he is her abductor, it would be a near certainty that he did) he should be punished for that abuse. If he is convicted of this crime before Abigail opens up (if she has not), then it may be the case that he cannot be tried for other, more serious, crimes that he committed against Abigail. He will get, at most, seven years for the kidnapping charge. That concerns me. I want to know why Abigail appears to have provided false information because I want to believe that prosecutors did not drop the ball on this.

 

[Miss_Diana]

I had asked this earlier, but haven't seen a response yet.

Has Abby reported to anyone, that Kibby raped her or abused her in any way?

I realize "we" the public, may not hear this ... and that leads to my next question:

Does LE usually report this to the public early on, or is it kept confidential until trial?

 

[CatFancier]

I had asked this earlier, but haven't seen a response yet.

Has Abby reported to anyone, that Kibby raped her or abused her in any way?

I realize "we" the public, may not hear this ... and that leads to my next question:

Does LE usually report this to the public early on, or is it kept confidential until trial?

That hasn't been released to us...yet.

 

[Not Without Peril]

I had asked this earlier, but haven't seen a response yet.

Has Abby reported to anyone, that Kibby raped her or abused her in any way?

I realize "we" the public, may not hear this ... and that leads to my next question:

Does LE usually report this to the public early on, or is it kept confidential until trial?

I know of no such report that has been made public. Kibby is charged, however, with the offense of "kidnapping" -- in New Hampshire, the offense of kidnapping involves confinement of a person with the intent to commit an offense against the confined person. The state has alleged that Kibby intended to commit an (unspecified) crime against Abigail and, to commit that crime, he confined her. Now, if the state has reason to believe that he had intended to victimize her, given the duration of her confinement, it would seem unlikely that he did not carry out his intent and actually commit the other offense.

 

[sreshowtime]

I have a few other interesting thoughts, maybe someone else has wondered also? or not

Could Kibby have been found as a result of checking DMV records for a dk blue truck, and any title/tag transfers that may have occurred after the missing date (assuming one wanted to consider truck was sold) or not??

Could AH have indicated how long she felt traveled in said vehicle and some thought as to speed it traveled? ( assuming she could have been blindfolded, or made to cower down, for the majority of the time?)

And then LE deciphered a radius to check with in? ( and working with the postmark on the letter?)

Or was it more simple , in that she was able to <eventually> give specific directions to his property...once she settled in a bit better.

Another thought. Have no neighbors come forth to indicate seeing other visitors to his property, other than the '20-something dark haired girl'. Does he have no friends or family that visited there?

If he had AH there the whole time, by now hasn't someone at a grocery type store thought, well he was buying more groceries (even toilet paper?) than normal. I would think she had something to eat during this time.

Also, okay this is weird, sorry....and I thought it with the 3 women that Castro held too, but ....wouldn't AH have needed monthly feminine products? Did he buy that for her??

okay just some thoughts, fwiw

eta- I would interested if his utilities reflected any notable change during the months she was presumed to have been there

 

[Not Without Peril]

I have a few other interesting thoughts, maybe someone else has wondered also? or not

Could Kibby have been found as a result of checking DMV records for a dk blue truck, and any title/tag transfers that may have occurred after the missing date (assuming one wanted to consider truck was sold) or not??

Could AH have indicated how long she felt traveled in said vehicle and some thought as to speed it traveled? ( assuming she could have been blindfolded, or made to cower down, for the majority of the time?)

And then LE deciphered a radius to check with in? ( and working with the postmark on the letter?)

Or was it more simple , in that she was able to <eventually> give specific directions to his property...once she settled in a bit better.

Another thought. Have no neighbors come forth to indicate seeing other visitors to his property, other than the '20-something dark haired girl'. Does he have no friends or family that visited there?

If he had AH there the whole time, by now hasn't someone at a grocery type store thought, well he was buying more groceries (even toilet paper?) than normal. I would think she had something to eat during this time.

Also, okay this is weird, sorry....and I thought it with the 3 women that Castro held too, but ....wouldn't AH have needed monthly feminine products? Did he buy that for her??

okay just some thoughts, fwiw

eta- I would interested if his utilities reflected any notable change during the months she was presumed to have been there

To add to your thoughts, from the fact that Abigail saw the Conway Daily Sun, on more than one occasion during her confinement, the state could have inferred that Abigail was held in a location where the Daily Sun was delivered (or, at least, near a store that sold it). I will assume that it was delivered; how many trailer parks does Sun make delivery to? How many of those subscribed to the Sun in those trailer parks are single men who drive blue pickup trucks?

 

[sreshowtime]

ah yes, the free paper...wondered if she mentioned that early on, prior to visiting the paper?

"Unlike most daily newspapers which get revenue from subscriptions and advertising, the Sun, as a free paper, relies 100 percent on advertising revenue".
snipped http://www.conwaydailysun.com/component/content/article?id=109118

I am going to assume no home delivery, Kibby must have picked it up now & then, to or fro during the day?

 

[Not Without Peril]

ah yes, the free paper...wondered if she mentioned that early on, prior to visiting the paper?

"Unlike most daily newspapers which get revenue from subscriptions and advertising, the Sun, as a free paper, relies 100 percent on advertising revenue".
snipped http://www.conwaydailysun.com/component/content/article?id=109118

I am going to assume no home delivery, Kibby must have picked it up now & then, to or fro during the day?

Where are they distributed?

 

[sreshowtime]

e-reader & online, and I can't find where they are delivered for pick up....I assume left in paper boxes at gas stations/grocery/ storesfronts/restuarants, etc?

site does say daily print of +16, 000

 

[sreshowtime]

did LE ever make mention of Kibby having computers/devices/ internet access?
Maybe he used the library, wonder if LE checked
( is it near the police dept? heh)

for example Conway has 13 public access computers...Gorham has computers too

 

[Dixie811]

When Abby first came home, investigators indicated they still wanted to find her iPhone.

I wonder if that item could have been what was found in the creek behind his house during the search? Or perhaps it was found elsewhere on the property. I do hope they have found it, as it could contain important information.

I am not hung up on the sketch right now. I acknowledge that it does not look much like Kibby. But I also know of many possible reasons for that. Fear or threats. Trauma and the pressure for her information to be perfect. Exhaustion, fatigue, malnutrition. Also, eye color means nothing to me as I can barely tell you the color of my husband's eyes. I am just waiting to see how this plays out.

I hope Abby continues to recover- physically, mentally, and emotionally. I have a feeling 48 Hours/Dateline will be banging down her door in the next year wanting an interview. People love a 'miracle' story and are so intrigued by a long-term victim who lives to tell their tale. Abby may feel pressure to be some sort of hero or advocate for missing women. If that is something she is inspired to do, then great for her. But if she is inclined to spend the rest of her life in complete privacy and never speak publicly about her ordeal again after trial then I hope that will be respected.

 

[AnaTeresa]

I respectfully disagree. Kibby has blue eyes. That is not my opinion; my browser determined that his eyes are various shades of blue, including this one. Therefore, when Abigail said that the man presumed to be Kibby had brown eyes, her statement was incorrect.

By the way, I have not seen any person, here, dispute the fact that Kibby has blue eyes. You would agree that he has blue eyes, right? And that Abigail incorrectly identified his eye color as brown?

It is clear from my post that I am not disputing he has blue eyes.

As I said previously, go back to the original discussion in the previous thread about eye color. Many of us have talked about how family members and friends are inaccurate about close relations and their eye color. In my opinion, it seems like nitpicking to take issue with wrong eye color, for example, when it's a minute detail that many people are inaccurate on.

The problem with using the word false is that it carries a connotation of intentionally or knowingly doing so. What I, and many other posters, seem to be bristling at is the tone of so many of these posts, where false has an implication of being uncooperative or intentionally evasive. I think you're far less likely to ruffle feathers if you state that her description was slightly inaccurate.

And to me, it IS slight. There are a lot of physical similarities between Kibby and the sketch. In the alternative, as others have pointed out, LE has never said that Kibby is the man in the sketch, so claiming that Abby was providing false info to LE is making an assumption in this matter that we have no way of verifying at this point in the game.

 

[docwho3]

Found this Myfox video report when doing some web searching. Thought it seemed interesting.
http://www.myfoxboston.com/clip/10417474/private-investigator-weighs-in-on-abby-hernandez-case

 

[Not Without Peril]

It is clear from my post that I am not disputing he has blue eyes.

As I said previously, go back to the original discussion in the previous thread about eye color. Many of us have talked about how family members and friends are inaccurate about close relations and their eye color. In my opinion, it seems like nitpicking to take issue with wrong eye color, for example, when it's a minute detail that many people are inaccurate on.

The problem with using the word false is that it carries a connotation of intentionally or knowingly doing so. What I, and many other posters, seem to be bristling at is the tone of so many of these posts, where false has an implication of being uncooperative or intentionally evasive. I think you're far less likely to ruffle feathers if you state that her description was slightly inaccurate.

And to me, it IS slight. There are a lot of physical similarities between Kibby and the sketch. In the alternative, as others have pointed out, LE has never said that Kibby is the man in the sketch, so claiming that Abby was providing false info to LE is making an assumption in this matter that we have no way of verifying at this point in the game.

Based on the information that we have, Abigail is the only witness to her own confinement. If that is in deed the case, a conviction will very likely depend on her trial testimony. She will very likely be questioned about the sketch and the description. She will have to respond to those questions.

If Kibby is Abigail's abductor, he might have victimized others in the past and he might victimize others in the future. Accordingly, I hope that Abigail will be thoroughly prepared to describe his crimes and to harmonize any inaccuracies in the information that she provided. Simply put, those who truly wish to protect Abigail cannot ignore these issues.

 

[gnomony]

Based on the information that we have, Abigail is the only witness to her own confinement. If that is in deed the case, a conviction will very likely depend on her trial testimony. She will very likely be questioned about the sketch and the description. She will have to respond to those questions.

If Kibby is Abigail's abductor, he might have victimized others in the past and he might victimize others in the future. Accordingly, I hope that Abigail will be thoroughly prepared to describe his crimes and to harmonize any inaccuracies in the information that she provided. Simply put, those who truly wish to protect Abigail cannot ignore these issues.

Given that AH is a child, if they find physical evidence of AH's presence in the storage unit, such as hair samples, DNA, etc., I think they would have a slam-dunk case without ever asking her to testify.

 

[cluciano63]

Maybe he wore blue contacts.

 

[Not Without Peril]

Given that AH is a child, if they find physical evidence of AH's presence in the storage unit, such as hair samples, DNA, etc., I think they would have a slam-dunk case without ever asking her to testify.

On the one hand, I absolutely agree that physical evidence establishing that Abigail was in the unit would greatly strengthen the case. On the other hand,I wonder whether that, by itself, would be legally sufficient evidence to support a conviction. How would the state establish, as it must, that Kibby confined Hernandez with the intent to commit an offense against her?

 

[gnomony]

On the one hand, I absolutely agree that physical evidence establishing that Abigail was in the unit would greatly strengthen the case. On the other hand,I wonder whether that, by itself, would be legally sufficient evidence to support a conviction. How would the state establish, as it must, that Kibby confined Hernandez with the intent to commit an offense against her?

An offense could include physically touching her, using threatening words -- probably even keeping her out of school.

 

[PoirotryInMotion]

Based on the information that we have, Abigail is the only witness to her own confinement. If that is in deed the case, a conviction will very likely depend on her trial testimony. She will very likely be questioned about the sketch and the description. She will have to respond to those questions.

If Kibby is Abigail's abductor, he might have victimized others in the past and he might victimize others in the future. Accordingly, I hope that Abigail will be thoroughly prepared to describe his crimes and to harmonize any inaccuracies in the information that she provided. Simply put, those who truly wish to protect Abigail cannot ignore these issues.

BBM

And, IMO, I'm wondering if NK is the type to go for a plea deal. I believe, if he thinks he's innocent, that he will plead 'not guilty'...and of all people would NOT be willing to accept a plea deal. (If he truly believes himself to be innocent, what does he have to lose? He appears to take a strong stand on things concerning justice, the charges at this point are not that bad, he's already been laid off, etc.) If this case goes to trial, it will really be an interesting one to watch play out (if we are able).

ETA: Just thought of something...the only reason I can see him accepting a plea deal (eg. 1-2 yrs in prison, with time already in jail credited toward his sentence) is IF he has a 'cause' or passion greater than the cause of government justice towards himself, for instance, protecting someone else--whether friend or family. And I'll leave it at that.