Recent content by Not Without Peril

Yes, that helped, thanks. You make a good point about the position of Abigail's lawyer. Interesting, when you think about it. Here's my position: I volunteered with the Innocence Project. I want Kibby to have a fair trial, so that there is no doubt, in our collective minds (including that of...

I disagree. A presumption of innocence neither equates to actual innocence nor applies to anyone other than the defendant and the trier of fact. While O.J., without question, was presumed innocent; he is not considered actually innocent by many. Moreover, as I have recently learned (and...

Briefly, I think it necessary to point out this distinction: A jury might find a defendant not guilty -- a jury cannot find a defendant innocent. I saw a few posts that mentioned the fact that, although Kibby has not entered a plea, his attorney stated, at the motion hearing, that Kibby...

I have not researched the construction of "safe place," if any, provided by New Hampshire courts. That said, courts very often use a dictionary to construe statutory language. "Safe," in reference to a place, means "affording safety or security from danger, risk or difficulty." The location of...

Right. The unauthorized practice of law is prohibited. The role of a "spokesperson" does not, by itself, implicate the practice of law.

The unauthorized practice of law is not permitted; even if the work is pro bono. I can neither speak to Coyne's qualifications nor his arrangement with Abigail and her family.

An attorney, licensed in Massachusetts, cannot use that license to practice in another state. An attorney may be licensed in more than one state.

That may well have been the case.

The state has alleged that Kibby voluntarily terminated Abigail's confinement by releasing her into a safe place. The statement, that Abigail "got away" from Kibby, implies that Abigail terminated her own confinement.

"She made it back home July 20, but investigators have not detailed how she got away from her captor. [...] Coyne says Abigail managed to get away through a combination of faith, resilience and smarts." I find it odd that Kibby is charged with a class b felony kidnapping, which only applies...

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...

"To 'confine' means 'to hold within bounds,' or 'restrain from exceeding boundaries.'" State v. Gibbs, 58 A. 3d 656, 658 (2012), quoting Webster's Third New International Dictionary 476 (unabridged ed.2002). See, also, id. ("[T]he generally accepted principle [is] that a defendant may not be...

Here is the question: "Could you explain why you think that Kibby could not have confined her during her confinement?" What is your answer?

How do you burn something that's on fire?

I forgot this one: "And if she was confined who, then, could have confined her?" In a literal sense, no one. Because she was confined.