GUILTY NH - AH, 14, North Conway, 9 October 2013 - #13

[AnaTeresa]

I know you're making sense and I need to look forward to the next possible missing child case, but 7 years seems like a light sentence and it feels like a reward. Hopefully they can charge him with more like possible parole violation that would give a little more umph to this whole thing. Of course, considering how this town pulled together to find her I wouldn't want to be this man when and if he is released in 7 years.

I know, it's tough. But just think - the investigation on his property hasn't even finished yet! Plus, he violated probation in his previous case. When you consider the likely additional charges, he's going away for a long time.

 

[geevee]

I'm
Really hoping for a plea agreement so she's spared the ordeal of a trial.
She's already had 9 months stolen from her and has a whole lotta healing to do.

I was thinking the same thing last night, she (and her family) have been through more than enough, I hope they offer and he accepts a plea deal so she doesn't have to relive this nightmare over again, and in the public eye with the whole world watching, no less.

 

[gitana1]

For anyone still wondering...look at that sweet angel's face. That is definitely Abby.

View attachment 55871


http://www.nydailynews.com/news/cri...l-hernandez-scary-neighbors-article-1.1883954

I just wish she had been sandwiched between mom and her sister. I'm feeling protective.

Conversely, how many people would just kill their captive victims, knowing they'd face the same sentence whether or not they released the victim? I can see the rationale for your side, but also for a downward departure in sentence for letting the victim go free. If that's why Kibby released her, then I can't criticize the law, as Abby is free and home with her family.

Spoken like a true defense attorney!! Ha ha!

All kidding aside, I understand you and I agree we can't treat all perps the same. You have an important perspective from your experience. There are indeed shades of gray. Your voice can be one of reason to cut through emotional calls to treat all offenders the same.

But we don't know the circumstances of her release. Did she escape? Did he torture her into submission? Did he feel he had sufficiently cowed her that she wouldn't say anything? Did he tire of his plaything?

And while I'm grateful he didn't kill her and didn't keep her for decades, he changed her permanantely (allegedly), as (modsnip) caused by keeping a young girl captive for 9 months, is that best addressed by 7 years?

Regardless, this sentence could be the same for someone who did far less. Kidnapping can be only minutes. Half an hour. There is a difference between 9 minutes, murder and 9 months. I think 7 years is on the low end while the death penalty or LWOP is on the high end for abductions. This crime should merit a sentence more in the middle.

But that will be remedied via more charges. And I fully expect the charges to be upped as the investigation continues. I believe that 100%. We have not seen the last of the charges against this man.

 

[bessie]

Note to ALL: DO NOT speculate and post what you *think* you see in AH's photos. Regardless of the intent, to do so breeds harmful rumors. I'm pretty sure none of us posting here wishes to add to AH's suffering.

 

[Starry Night]

I am in no way impressed with Atty Gen Jane Young. I believe her statement was cold and political and defensive, and I feel LE standing behind her were maybe feeling some umbrage also at her remarks.

Abby is who solved this case, Abby and her mother and the general public who kept and struck fear into the heart of her abductor.

I hope from this day forward she can stay out of the media's eye and the unwanted scrutiny resulting as a crime victim.

JMO

 

[skibaboo]

About the shipping container, and this is just speculation. But did anyone else hear at the beginning of the arraignment, JY was saying how because it was an ongoing investigation they couldn't release details but she alluded to how MSM can be clever and have their ways to find out information? (Paraphrasing) I am wondering if that was in reference to the shipping container that was reported in MSM? JMO

(I've looked for video footage of the arraignment to listen again but cannot find it)

 

[moonlightskybeauty]

I wonder if zenia will let jimmy visit abby. Even if a short visit. Its sad this ordeal would end her friendship with jimmy in such a manner. Like for example they were bf and gf and then nothing. Anyhow i was just thinking

Sent from my SM-N900T using Tapatalk

 

[PoirotryInMotion]

I am in no way impressed with Atty Gen Jane Young. I believe her statement was cold and political and defensive, and I feel LE standing behind her were maybe feeling some umbrage also at her remarks.

Abby is who solved this case, Abby and her mother and the general public who kept and struck fear into the heart of her abductor.

I hope from this day forward she can stay out of the media's eye and the unwanted scrutiny resulting as a crime victim.

JMO

I was impressed with her today. But I may have missed something; what did she say that specifically bothered you during the press conference?

 

[skibaboo]

I LOVE this new hashtag!

Bring Abby Home @bringabbyhome · 2h
#abbystrong #justiceforabby http://fb.me/33OYAw3Y5



https://twitter.com/bringabbyhome

#AbbyStrong

 

[CatFancier]

I am in no way impressed with Atty Gen Jane Young. I believe her statement was cold and political and defensive, and I feel LE standing behind her were maybe feeling some umbrage also at her remarks.

Abby is who solved this case, Abby and her mother and the general public who kept and struck fear into the heart of her abductor.

I hope from this day forward she can stay out of the media's eye and the unwanted scrutiny resulting as a crime victim.

JMO

I think much of that is just who she is, I noticed that in Celina Cass' pressers as well.

 

[PoirotryInMotion]

I'm sure this is just me...pretty positive in fact. But I have a hard time with making victims of a difficult crime into "heroes" or heroines. In a sense it compels them to have to be, do, say, etc., in public what they may not be ready for yet. It's a very human, natural tendency from what I've observed watching cases unfold the past several years. But these are children who did not ask to be anyone's hero/heroine. My heartfelt inclination is just to let her be as 'normal' as she feels like being, and not for others to inadvertently impose immediate and idealistic standards on her in what could still be an unstable state.

I'm sure that probably no one knows what I mean, here. But I say it with all respect and love for AH and any child victim. Psychological pressure is tough enough in good circumstances.

 

[CatFancier]

In my state, all juvenile victims of a crime have their initials used in court and court filings, regardless of the crime committed. I can't speak to New Hampshire, but I wouldn't think it would be limited to victims of sex crimes.

And I agree with you, PoirotryInMotion. While I wouldn't be surprised to see some sort of charges involving sexual conduct, the charges filed today do not necessarily imply a sex crime. The language "with a purpose to commit an offense against her," is concerning, but that could be a variety of actions, not just sexual conduct. At this time, I think that it's still a gray area.

I think so too. I'm not a lawyer but I think the stink about sealing versus unsealing may have to do with potential charges.

Home> U.S.Abigail Hernandez's Alleged Kidnapper Arrested Twice While She Was Missing
Jul 29, 2014, 1:31 PM ET
By MEGHAN KENEALLY via Good Morning

The man charged with kidnapping a New Hampshire teenager Abigail Hernandez was arrested twice during the nine months that she was missing, court records indicate.
Nathaniel Kibby, 34, was ordered held today on $1 million bail after being arraigned on a charge of kidnapping Hernandez last year. The charging document says Kibby "confined (Hernandez) with a purpose to commit an offense against her." His lawyer declined to enter a plea.

The affidavit detailing the case was sealed, but the prosecutor told the judge it was a "unique case and this bail is more than warranted."

http://abcnews.go.com/US/abigail-hernandezs-alleged-kidnapper-arrested-missing/story?id=24756065

 

[Starry Night]

I was impressed with her today. But I may have missed something; what did she say that specifically bothered you during the press conference?

That's a very good question. I feel that Young focused mostly on LE efforts and that she tried to do damage control-after her lead in the investigation involving FBI, State Police, County and local Police failed to find AH. She made a particular statement about efforts they made in the last month.

 

[Island_Chica]

Well, here's where I'd love an atty to weigh in. (anateresa?) True, they used her initials in court. And it's my opinion that it's highly likely sexual issues will come up at trial (with attending charges). But the charges themselves (as they stand today) do NOT imply sexual assault (to my knowledge). They are the same charges that could be applied to a parent who illegally harbored/concealed their child from the custodial parent. There is no sexual innuendo in those charges themselves. "With purpose to commit offense against her" covers a broad range of 'harm' even the general harm involved in not being with the custodial parent ("endangering welfare").

I'm not verified, but I am an attorney, and I practiced briefly as an Assistant DA in Georgia, though mostly in Juvenile Court. It was while ago, but in many jurisdictions the public indictments do use initials only when the victim is a minor. It seems silly in this case, as practically the whole country knows the victim's identity, but it is obviously the practice in that circuit/jurisdiction. As for the charges, remember the DA has to present the charges to the Grand Jury to get a "true bill" and indict. My experience tells me the DA (atty gen, or whatever they are called in this area) only has evidence sufficient to get a true bill on the kidnapping charge. An "offense against her" can refer to a variety of things, not just molestation. It can refer to battery, assault, the list goes on.

It sounds like the victim here has been reluctant to share the details of her ordeal with authorities. Perhaps she's not yet made a statement implicating him in a sexual crime, but she did identify him as her captor/harborer and the authorities wanted to get him behind bars ASAP. I would be shocked if we didn't see more charges added on over the next month or so, as Abby gets further from this ordeal and perhaps feels comfortable to share more details.

 

[tlcya]

I have found Jane Young to be no nonsense, not easily manipulated into showing her cards before she is ready and I find those to be admirable qualities. I like her no nonsense manner in these pressers. Different folks different strokes.

 

[majikbeans]

Why would he keep her in a container when he has two trailers? Couldn't he just soundproof a room in the trailer--or the whole trailer?

 

[mamame]

Local news trying to interview that strong young lady after the arraignment. "Do you have anything to say?" "Nope!" "Nothing at all?" "Nope!"

Such poise under such stress.

 

[Dixie811]

Because Abby confidently attended court today, led her family into the court room with her chin up, sat in the front row, and did not squirm... I would not be surprised if she wanted to testify against this , should the case go to trial. She was already feeling strong enough to face him today, little more than a week after her release. She will only get stronger.

 

[Dixie811]

Local news trying to interview that strong young lady after the arraignment. "Do you have anything to say?" "Nope!" "Nothing at all?" "Nope!"

Such poise under such stress.

Thanks mamame, is this something we can watch online or?

 

[skibaboo]

I have found Jane Young to be no nonsense, not easily manipulated into showing her cards before she is ready and I find those to be admirable qualities. I like her no nonsense manner in these pressers. Different folks different strokes.

I like her. I haven't encountered her before this case but I think she has been fantastic. Maybe it's cos I'm a Brit? lol