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

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BillNH said:
Bear in mind I am ignorant of how the law works in cases like this, but have they perhaps overplayed their hand?

Is it possible for the Kibby camp to then argue that there was one continuous sexual assault and one continuous felonious sexual assault, resulting in only 2 charges instead of 160?
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Doubt it.
 
some light reading that BillNH's question prompted me to do.

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1388&context=dlj

http://www.tdcaa.com/journal/special-unanimity-instruction-cosio-v-state

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6927&context=jclc

http://law.justia.com/constitution/us/amendment-05/06-for-the-same-offence.html

Only skimmed them so far so not even sure how relevant they will end up being but wanted to save them here so I can refer back to them this evening and read in depth.
 
Thinking of A and hoping she is healing as best as she can. Looking forward to justice being served and NK being locked away for good like the monster he is!
 
A is such a hero; her suffering I don't think is for nothing. There is value for future investigations/reference imo, for LE to keep pushing forward because the victim could still be alive...

Jmo
 
Every day that I'm reminded of her ordeal, I am amazed that she survived. So young, and so strong. And so much of life still ahead of her. Her mom seems like an awesome gal; I keep thinking that A will live a happy life.
 
This was on WMUR a few days ago. Since no one else seemed to have post it, that I can see anyways, here's the info. Glad to know they aren't making it "convenient" for him. Not sure how to copy links on my iPad.

Judge refuses to consolidate hearings in Kibby kidnapping case
Published On: Feb 13 2015 09:15:14 AM EST
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CONCORD, N.H. -
A judge has refused to consolidate upcoming hearings in two counties in the case of a man accused of kidnapping, imprisoning and raping a northern New Hampshire girl over nine months.

Nathaniel Kibby was charged in December with more than 200 counts in Coos County and five counts in Carroll County.

Related: Who is Kibby?

Prosecutors say the 34-year-old Kibby kidnapped the 14-year-old on her way home from school in Conway on Oct. 9, 2013. They say he kept her in his Gorham home and in a storage unit until July 2014 when she returned home.

Kibby faces dispositional hearings on Feb. 19 in Coos County Superior Court and on March 6 in Carroll County Superior Court.

Coos Superior Court Judge Peter Bornstein ruled against consolidating the hearings in an order signed Thursday.
 
Doodlemuma said:
This was on WMUR a few days ago. Since no one else seemed to have post it, that I can see anyways, here's the info. Glad to know they aren't making it "convenient" for him. Not sure how to copy links on my iPad.

Judge refuses to consolidate hearings in Kibby kidnapping case
Published On: Feb 13 2015 09:15:14 AM EST
Share on facebook Share on twitter Share on google_plusone_share

CONCORD, N.H. -
A judge has refused to consolidate upcoming hearings in two counties in the case of a man accused of kidnapping, imprisoning and raping a northern New Hampshire girl over nine months.

Nathaniel Kibby was charged in December with more than 200 counts in Coos County and five counts in Carroll County.

Related: Who is Kibby?

Prosecutors say the 34-year-old Kibby kidnapped the 14-year-old on her way home from school in Conway on Oct. 9, 2013. They say he kept her in his Gorham home and in a storage unit until July 2014 when she returned home.

Kibby faces dispositional hearings on Feb. 19 in Coos County Superior Court and on March 6 in Carroll County Superior Court.

Coos Superior Court Judge Peter Bornstein ruled against consolidating the hearings in an order signed Thursday.
Click to expand...

Link for that source.:)


http://www.wmur.com/news/judge-refuses-to-consolidate-hearings-in-kibby-kidnapping-case/31252300
 
gnomony said:
It was the State that asked to consolidate, not the defense. Details here.

The March hearing date has been moved up to March 4.
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Thank you for the clarification. WMURs reporting can occasionally be lacking fine details at times (personal experience being a native and I should know better!). It was my assumption it was the defense making this request. My apologies. Again, thank you.
 
Doodlemuma said:
Thank you for the clarification. WMURs reporting can occasionally be lacking fine details at times (personal experience being a native and I should know better!). [snip]
Click to expand...

I found WMUR to be very good in the early days of the Celina Cass mystery. The Conway Sun has been pretty good on this one.
 
http://www.unionleader.com/article/20150220/NEWS03/150229983

<snip>
"Friedman pointed out that even if he and his client have all the discovery items doesn’t mean they are ready to proceed to trial. The process of archiving, indexing and assessing so much material, he said, would take an undetermined amount of time. "

Honestly. I can't understand this defense attorney's strategy here. The more he delays and blames the prosecution the longer his client sits in jail. This can only be answered with a plea strategy that includes time served. Is that plausible?

:cow:
 
Steleheart said:
http://www.unionleader.com/article/20150220/NEWS03/150229983

<snip>
"Friedman pointed out that even if he and his client have all the discovery items doesn&#8217;t mean they are ready to proceed to trial. The process of archiving, indexing and assessing so much material, he said, would take an undetermined amount of time. "

Honestly. I can't understand this defense attorney's strategy here. The more he delays and blames the prosecution the longer his client sits in jail. This can only be answered with a plea strategy that includes time served. Is that plausible?

:cow:
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I'm going to guess that sitting in jail is pretty much a given. But the longer the defense can string something out, and the more it can complicate proceedings, the more chances there are that the prosecution or LE will make a significant error that will bring a miracle on appeal.
 
When I saw that date posted for the trial....my heart went out to the young lady in question. There is no quick remedy to putting it all in the past for her. Not that there was a quick fix here, but just knowing it will all be front and centre a year from now is painful to read. And who knows how long it will take to finishing up?
 
newguy123 said:
When I saw that date posted for the trial....my heart went out to the young lady in question. There is no quick remedy to putting it all in the past for her. Not that there was a quick fix here, but just knowing it will all be front and centre a year from now is painful to read. And who knows how long it will take to finishing up?
Click to expand...

Indeed. The victim was 14 the day she was abducted a few days before her birthday, she was 15 when she was released, she's 16 now and will be 17 when this dangerous predator goes to trial.
 
"Friedman said he hoped the trial could start in April of next year. He also said they have at least 1,000 pages of discovery to review.

"I see no way possible to be ready in January," said Friedman, who added that prosecutors are now handing over exculpatory material. "We're just getting the bulk of what we have been asking to see for months. So for us, the case is essentially starting now."

Young said she wants the court to hold the January court date. She said a January trial would give a jury a good sense of what the property was like when the girl was held captive over the winter of 2013-2014.

Young said the trial is "looming" over the victim's head and that the defense should have all the discovery that the prosecution possesses by the end of next week."

http://www.conwaydailysun.com/newsx/local-news/119481-kibby-case-may-be-heard-in-belknap-county


Good thing no one's dragging this out.:tantrum:
 
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