Related: The Hernandez Hoax?
"Officials believe Abigail Hernandez was held on man’s property" by Travis Andersen and Martin Finucane | Globe Staff August 08, 2014
The New Hampshire man charged with kidnapping teenager Abigail Hernandez allegedly held the girl on his property for at least some of the time that she went missing, according to a judicial ruling issued in the case on Friday.
The ruling from Justice Pamela D. Albee, of the Third Circuit District Division court in Conway, N.H., in the case against Nathaniel Kibby, 34, provided confirmation that prosecutors believe Kibby held Hernandez on his Gorham, N.H., property during her nine-month disappearance. She returned to her family in Conway last month.
“The State contends the alleged victim was held against her will at Kibby’s residence at 4 Brookside Drive, Gorham, N.H.,” Albee wrote.
She did not say if authorities believe Hernandez was kept on the property for the entire length of her disappearance, or if she was allegedly held inside Kibby’s mobile home or a shipping container on the property.
New Hampshire Associate Attorney General Jane Young, the lead prosecutor on the case, could not be reached for comment on Friday evening.
Albee’s ruling Friday barred law enforcement from moving the trailer and a shipping container from the property until Kibby’s lawyers have a chance to thoroughly investigate the premises.
“The Court orders the State to preserve the evidence in place until the defense has a meaningful opportunity to investigate his defenses and is given constitutionally guaranteed access to all the evidence available at the actual scene where he is alleged to have held the alleged victim with the purpose of committing an offense against her,” Albee wrote.
Kibby’s public defender, Jesse Friedman, said in an e-mail that the defense team is pleased Albee ruled in its favor and reiterated that the team will fight the allegations against its client. Friedman declined to comment further.
Kibby allegedly kidnapped Hernandez from North-South Road in Conway on Oct. 9, 2013, just days before her 15th birthday. He faces a felony kidnapping charge and is being held on $1 million bail....
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Related: Defense opposes evidence removal in Abigail Hernandez case
"Kidnapping suspect seeks to block home removal" by John R. Ellement | Globe Staff August 06, 2014
The defense attorney for the New Hampshire man accused of kidnapping teenager Abigail Hernandez asked a judge Wednesday to block prosecutors from removing his 22-year-old home and a shipping container from a mobile home park in Gorham.
“This is his home!’’ an impassioned defense attorney Jesse Friedman said of his client, Nathaniel E. Kibby. “The state is waving it around as if it’s a tangible good that they can pick up and whisk away. This is this man’s home!’’
Judge Pamela Albee took the request under advisement in Conway District Court in New Hampshire.
Friedman also said Wednesday that since his client’s arrest last month, he has only received nine pages from the New Hampshire attorney general’s office outlining the felony kidnapping charge Kibby faces.
Friedman said that he cannot properly defend his client if he does not know what forensic evidence prosecutors have collected — and he will not be able to conduct his own tests if his client’s property, including his mobile home, is spirited away by law enforcement.
“The evidence in this case is the scene,’’ Friedman said. “It’s not just the house; it’s not just the trailer.’’
Assistant Attorney General Jane Young said the request to remove the trailer was driven by two broad factors: to preserve the evidence for use by the prosecution and the defense, and to save taxpayers money they would have to spend to post a police officer on the property 24 hours a day.
Sorry, but that is the cost of ju$tice. Otherwise, the evidence(?) is compromised and the government is shit. Then you must acquit.
Young said that if law enforcement does not protect the structures, she fears someone will damage them, given what she called the “macabre level of interest’’ in the Hernandez kidnapping story.
I'm rapidly losing mine.
Young also released a couple of small details about what authorities have found during the search of Kibby’s property, especially the red shipping container that has sparked speculation about its role in the disappearance of the teenager.
The container is divided into three sections, Young revealed in court.
She said the middle section “takes up the bulk of the container.” She told the judge that “the court is aware of” the third section of the container, but she would not go into details about that section because the investigation is ongoing....
Time for me to ship this post out.
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