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

DNA Solves
DNA Solves
DNA Solves

New Posts

i formally would like to apologize to all lawyers that may have read my unfortunate comments before they were edited, i meant no disrespect by my colloquial usage of "hey lawyer types :p" it was meant to be playful and innocent, but i have been informed that it is improper.

please PM me if you would like a further apology personally or if you have some specific way that you would like me to address you in the future.

all apologies, jim.
 
PoirotryInMotion said:
An example that comes to mind, liljim, is the case of a non-custodial parent kidnapping their child (which would also be a Felony B kidnapping if returned unharmed prior to trial). As I understand it, the child may go willingly with the non-custodial parent--but it's irrelevant. It is still considered kidnapping from the moment the child is illegally enticed away or taken, not the moment the child is locked up/confined in a room somewhere. The child would be 'enticed' through no fault of his own being as how he doesn't understand the nuances of the law--he just hears one parent say let's go somewhere and he cooperates because he loves his parent or has been taught to obey him, etc.
Click to expand...

yeah thats a good point, i was going to mention something similar but it just seemed to make the post very confusing so i edited it out hehe.
 
I remember at Ariel Castro telling the court that although he confined the three women, it was a household with a lot of love in it and was not as bad as it was described. I wonder if NK will approach things the same way? It was consensual, he did nothing wrong etc.
I was watching the tv show Forensic Files, and it is truly amazing what details can remain after a crime scene is "cleaned".....but then figured if I can watch this show, so could NK. I know he is charged not found guilty at this point but if he is the guy, I hope he is not as smart as he seems to think he is.
 
Does anyone know if the probable cause hearing is still set for today & what time or has it been moved?
 
wasn't that hearing postponed for 30 days? I believe by agreement of both attorneys.
 
Also Friday, a probable cause hearing for Kibby was postponed 30 days. It had been scheduled for Aug. 12.
The defense needs time to determine whether the hearing should be waived or not. A new date was not scheduled as of press time.

http://www.berlindailysun.com/index.php?option=com_content&view=article&id=50750:judge-says-kibby-s-mobile-home-and-shed-must-stay-put-for-the-time-being&catid=103:local-news&Itemid=442
 
Thanks liljim & tlcya I missed that. Wow, another month :tantrum:
 
I haven't been following this thread as closely as usual with all the lawyer debates :). When is it that Kibby will have to submit a plea (guilty or not guilty) on this case... I get the impression the state hasn't even decided on any additional charges to be laid yet, so I imagine it will be a while? (and I know someone mentioned it will probably be a year before a trial would even take place)

If Kibby pleads "not guilty", which I anticipate, does anyone think there will be a plea bargain reached to spare Abby a trial? Or maybe Abby will want to testify to ensure a lengthier sentence for Kibby? If there is a full trial, it will consume the rest of Abby's teenage years. That makes me sad :(
 
Dixie811 said:
I haven't been following this thread as closely as usual with all the lawyer debates :). When is it that Kibby will have to submit a plea (guilty or not guilty) on this case... I get the impression the state hasn't even decided on any additional charges to be laid yet, so I imagine it will be a while? (and I know someone mentioned it will probably be a year before a trial would even take place)

If Kibby pleads "not guilty", which I anticipate, does anyone think there will be a plea bargain reached to spare Abby a trial? Or maybe Abby will want to testify to ensure a lengthier sentence for Kibby? If there is a full trial, it will consume the rest of Abby's teenage years. That makes me sad :(
Click to expand...

All JMO of course.

These are good questions.
We have to remember that any type of plea agreement is an agreement between the Prosecution and the Defendent, so we have to keep in mind that both parties are going to consider only from their perspectives.

So, if a plea bargain is entertained IMO:

-The defendent wont be doing it with any consideration towards sparing the victim a trial but doing it for his own benefit only. If the deal is good enough for him, then a deal is possible. If the deal is not good enough, then I dont think he will agree to it. So the terms of the deal will be important if a deal is entertained.

-The prosecution on the other hand may totally have this as their primary goal and may be willing to have a deal of some sort to spare the victim. And like you mentioned, if the victim is more than willing and able to testify, then the prosecution may not even want to consider any type of deal.

Although the Prosecution could have other reasons to pursue such a deal. They may want to avoid the money cost of a lengthy trial and this could also cause the Prosecution to consider a deal.

So the bottom line on whether a plea deal is offered and accepted will depend on all these factors.
Right now, I am thinking there will not be a plea deal in this case.
The reason I feel this way is because I dont think the Prosecution will want to give a good enough deal that the defendent will be willing to accept.
 
I am glad to see they are being represented. Thrilled. I hope they now settle back into some new variation of normal family life as Abby heals from her violent abduction by a stranger. I look forward to hearing the evidence and having the facts come clearer.

Time to be a case watcher for me. The sleuthing, the victim and perp profiling are only of interest to me when the case is still unsolved. Now I am curious to see the legal wrangling and system at work. JMO
 
http://www.conwaydailysun.com/newsx...suffered-unspeakable-violence-while-kidnapped

For the first time, the family of Abby Hernandez has said that Abby suffered "numerous acts of unspeakable violence" while she was allegedly kidnapped for nine months. The statement calls her survival "miraculous."
The family also referred questions to lawyers, according to a brief statement the family released Tuesday night. The statement was written by Attorney Michael Coyne.
 
Attorneys Briana M. Coakley and Steven F. Hyde, focus their practice in a variety of legal areas, including, Family Law, Personal Injury, Landlord & Tenant Law, Real Estate Development, Residential and Commercial Real Estate Conveyancing, Foreclosure Representation, Business Entity Creation and Representation, and General Civil Litigation, among other areas of practice.

http://coakleyhyde.com/
 
http://www.necn.com/news/new-england/Lawyer-Abby-Needs-Time-to-Heal-270981961.html

"We do not intend to have this case tried in the press," the statement continues. "As the justice system moves forward, and the evidence is revealed, questions about this horrific event will be answered. Abby was violently abducted by a stranger. For many months she suffered numerous acts of unspeakable violence. Through her faith, fortitude and resilience, she is alive today and home with her family."

The statement goes on to ask the media and the public to be sensitive to Abigail's well-being and give her the time and space she needs.
 
I personally am glad this statement was put out there. I think that the media, or certain news "organizations" have more than revictimized Abby. She is a child and deserves to be allowed to heal and have her private life back. I have never doubted since day 1 that this was a stranger abduction and that she has been through hell. I'm just absolutely happy and relieved that she did survive!
 
PoirotryInMotion said:
That's what I'm trying to get him to clarify. I think the key might be in the word 'enticed'--and the fact that a minor can appear to go willingly with an alleged kidnapper due to enticement. And because of that immaturity, the minor is not viewed (legally) as 'going willingly' but as going under trickery/enticement.

Waiting for him to chime in here, though...
Click to expand...

I believe that you are referring to RSA 633:1, I-a ("I-a"), which provides an alternative definition of kidnapping. Kibby is charged under RSA 633:1, I(d) ("I[d]"). Therefore, the alternative definition does not apply in his case. The intent requirement of I-a differs from that of I(d). The former involves the intent to detain or conceal a person under the age of 18, other than one related to the defendant by blood, from a parent or legal guardian. See I-a. The latter involves the intent to commit an offense against a person. See I(d).

Abigail seems to be taking the position that Kibby was a stranger (see Bring Abby Home). In my opinion, it would be a stretch to argue that Kibby, a complete stranger to Abigail, would have been driven by the desire to keep Abigail from her mother when he kidnapped her.
 
The statement from the lawyer on Abby's behalf gave me chills. " Violently abducted" and "numerous acts of unspeakable violence" were just two phrases which stood out. I hope LE has been able to find the evidence they need to get a cast in stone conviction.
When I re-read the letter the haunting look her mother described is what came to mind.
All I can do at this stage is hope and pray for her recovery in all facets, and hope that while justice moves forward, that somehow it can spare her as much pain as possible as it all unfolds.
 
You must log in or register to reply here.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 201 more.
Total: 2,826 (members: 202, guests: 2,624)

Online statistics

Members online
202
Guests online
2,624
Total visitors
2,826
Totals may include hidden visitors.

Forum statistics

Threads
599,885
Messages
18,100,830
Members
230,947
Latest member
tammiwinks
Back
Top