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

[Steleheart]

It's still hard to put into words how profoundly AH's abduction and torture has affected me. We were fighting so hard to figure out what happened, so much hope that she was still alive, so much sleuthing, digging, setting the record straight, supporting each other. All of it! And then, after she returned, finding out what she had been through, how she survived, knowing that she would have to pull every last drop of warrior princess out of herself to continue to survive...it's just overwhelming.

I give special hugs to you, too, Margarita...and to Skibby, Stele, Take...there was a synchronicity between us and such a powerful drive. I don't mean to exclude other posters. We all were in it together. I am thankful for the experience.

I think AH is getting lots of hugs and lots of doggie kisses and every part of my being hopes that she is thriving.

There was a synchronicity. It took me a long time to understand that my insistence that she did not last longer than her phone was due to my refusal to believe that this young lady could be enduring long time suffering. I so wanted her to be alive. But that thought that someone could cause this kind of harm to an innocent young woman was just too much.

His audacity and pride that he still displays is some psychosis I cannot wrap my heart around. Thank God psychosis is not a basis for insanity. We are all safe with him behind bars.

She will be 18 a few days after the anniversary of her abduction. A few weeks into her first year of high school it was.

She survived that ordeal. I am confident she will thrive because of it.

She and her Mom and sister - my heart goes out and my prayers still go up for them.

 

[skibaboo]

I love you guys so much! I can't explain it, like you stele it was hard to ignore the 'bad thoughts' but there was something there, something that made me believe AH was going to be brought home. I never for a second believed she was a runaway, from the start. Nope. But idk, the positive drive that came from friends and family, belief. It felt like we can't give up she is out there! What she endured, is beyond comprehension. When I'm freaking out over something ridiculously small I'm going to always remind myself how strong we can really be and how much we can endure. AH inspires me, and gives me strength every day, as does her mom!

Give me one hour, or even 5 minutes with that ****. I've gotta lot of stress I need to purge

Marg, Mama, Stele, TIFM, tlcya, and everyone else (((BigHugs)))

 

[Steleheart]

I love you guys so much! I can't explain it, like you stele it was hard to ignore the 'bad thoughts' but there was something there, something that made me believe AH was going to be brought home. I never for a second believed she was a runaway, from the start. Nope. But idk, the positive drive that came from friends and family, belief. It felt like we can't give up she is out there! What she endured, is beyond comprehension. When I'm freaking out over something ridiculously small I'm going to always remind myself how strong we can really be and how much we can endure. AH inspires me, and gives me strength every day, as does her mom!

Give me one hour, or even 5 minutes with that ****. I've gotta lot of stress I need to purge

Marg, Mama, Stele, TIFM, tlcya, and everyone else (((BigHugs)))

I remember when I read that news that she was home I cried and was unable to respond here for 2 days. My wife thought something terrible had happened, LOL

Sheesh.

 

[Madeleine74]

Poor AH endured 9 months of misery & torture, which is hard to fathom.

Cincinnatti, OH crime victim, Michelle Knight was kidnapped by Ariel Castro, no one ever looked for Michelle or even reported her missing. She was tortured for 10 years, forced to abort 5 pregnancies (he accomplished this by beating her, starving her, kicking her), she was chained to a bed for many months, no clothes, no blanket, in an unheated room in the winter. He kidnapped 2 other girls and held them prisoner for 9 and 8 years until they all escaped, but Michelle was treated the worst, she was his punching bag.

You have no idea how strong a spirit is and the will to live until you learn about Michelle Knight and hear her story. She's been interviewed a bunch and wrote a very poignant book.

 

[Steleheart]

http://www.nh1.com/news/nathaniel-kibby-s-lawyers-want-to-question-victim-have-evidence-suppressed/

<snipped>

"There are 43,000 pages of evidence in the case against Nathaniel Kibby, including hours of recorded conversations with the teenager who says Kibby held her captive in his home for months.

But Kibby’s attorneys want their own pretrial interview with her.

"We do not know what to expect as to the timeline," Kibby's attorney Jesse Friedman. "We’re aware that at some point she was going to say she was bound and at some point she was free."

The state says the defense will be able to question her during trial."

 

[Steleheart]

http://www.unionleader.com/Kibby-de...pose-his-alleged-victim-sister-and-counselors

<snipped>

"Nathaniel Kibby, the Gorham man accused of kidnapping, confining and sexually assaulting a Conway teenager, was back in court Wednesday, with his defense attorneys asking Justice Larry Smukler for permission to depose, among others, the alleged victim and her sister.Smukler took all 10 motions under advisement."

IMO the defense is getting desperate.

 

[Steleheart]

"The victim will be available at trial, no one's questioning his right to produce her as far as confrontation, again, it's a trial right and he will have every opportunity to confront the victim there," Assistant Attorney General John Kennedy said."

http://wgme.com/news/local/accused-kidnapper-back-in-court

 

[Steleheart]

State's document related to motion to review counseling records prior to May 20, 2014. Motion granted.

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/051116kibby-order.pdf

State's document related to motion to enlarge the deadline for motions - Motion granted.

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/051116kibby-order2.pdf

 

[Steleheart]

http://www.courts.state.nh.us/press/2016/kibby.htm
State Media advisory regarding the motions hearing 5/11,12

<snipped>
It is likely the hearing willinclude, but not be limited to:

• Motion for Deposition of A.H.

<snipped>

• Motion to Exclude any Evidence Provided to Defense after 12/15
• Supplemental Motion to Exclude/Reconsider. Exclusion aspect only
• Supplemental Motion to Motion to Exclude and Supplement and Defense's Notice of Proposed Deadlines. Motion to exclude/supplement aspect only

<snipped>

• Motion to Compel for Reciprocal Discovery
• Motion for Deposition of [S.H]

 

[tlcya]

Thanks steleheart. Frustrating. Glad the judge ruled for in camera review and sealing those counseling records.

If the defense attorney wants to know what happened all he needs to do is ask his client.

As far as deposing AH, what a BS request. Agree with the DA. Kibby can confront his accuser during trial. MOO this is just an attempt at witness intimidation.

 

[Steleheart]

Thanks steleheart. Frustrating. Glad the judge ruled for in camera review and sealing those counseling records.

If the defense attorney wants to know what happened all he needs to do is ask his client.

As far as deposing AH, what a BS request. Agree with the DA. Kibby can confront his accuser during trial. MOO this is just an attempt at witness intimidation.

And the sister as well just because according to the record they have some questions regarding an interview with LE the day after the kidnapping.... That's called cross examination.

I never heard of deposing the victim or family prior to trial, LOL. BS is kinder than I would have said, haha

Moo

 

[newguy123]

It just seems to be muddying the waters by the defence. It doesn't seem to me to be that the defence believes him innocent, rather they are trying to minimise his guilt. (Does that make sense? Hard to put it into words). Guessing that if they can prove she said contradictory statements or had "issues" prior to the abduction, they will try to discredit her and gain lesser sentencing for him.
Having said that, I admit to my near total ignorance of all the legal posturing. Not only is it not my forte but it's done differently in the US than in Canada. I just can't imagine what goes thru her mind if she has to testify and be cross examined.

 

[Steleheart]

Judge reject's Kibby's request to depose alleged victim

"LACONIA &#8212; A Belknap County Superior Court Judge has denied Nathaniel Kibby's request to depose his alleged victim in his kidnapping and sexual assault case which is heading for trial next month."

"The issues for trial, although numerous, are not so complex as to require a deposition from (the victim)," wrote Smuckler. "Indeed, the availability of ample information from 18 hours of interviews cuts against a finding of necessity for a deposition."

"The judge also denied the defense's motion to depose the victim's sister because defense did not prove her testimony would be necessary."

"The state has provided ample discovery in interviews of multiple witnesses as to (the victim's) family dynamics and her relationship with her father to allow the defense a fair opportunity to prepare for trial," wrote Smuckler who also denied the defense's motion to depose school district staff members Alison Janowicz, Elizabeth Pratt and Kevin Richard."

YAY!

 

[Steleheart]

The State's 13 page document of the Order relating to these motions.

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/051816kibby-order.pdf

Holy COW!.

:cow:

 

[formerjerseygirl]

Wow-this is going to be some trial.

 

[Bodhi]

Thrilled with this ruling!

 

[cocomod]

So, is he going to try to say she ran away with him and lived with him freely? Is that his plan for his defense?

 

[Tealgrove]

Wow may be an understatement.

 

[Rayemonde]

The State's 13 page document of the Order relating to these motions.

http://www.courts.state.nh.us/caseinfo/pdf/kibby/2016/051816kibby-order.pdf

Holy COW!.

:cow:

Sounds like he intends to argue that she voluntarily ran away from home to live with him.

the state’s expert witness testimony as to Stockholm Syndrome and domestic violence...

the complaining witness’s sister. An October 10, 2013 report details an interview with Hernandez, in which she discusses family dynamics and references multiple times, including a reference to A.H.’s unhappiness with her father becoming too religious and wanting A.H. “to confess to things she did (I.E. getting into watching ).”...

The defendant argues the witnesses’ brief notes about these conversations with A.H. are insufficient given how crucial this information is to A.H.’s credibility, motive to run away, and history of false accusations against others.

 

[newguy123]

What went thru my mind reading all that was it doesn't change the fact that he had a minor in his home! No arguments about whether cables on doors had a power source, or interviews about family dynamics, or anything else can change the fact he held a minor in his home!