09-02-2014, 08:13 PM
Unless Kibby waives the probable cause hearing, we should find out a little more about the trailer and the shed in a week, blueberry.
Latest:
Investigators have remained tight-lipped about the case, but sources close to the investigation have indicated that the evidence that will be presented is extensive and disturbing.
Experts said the goal of the probable cause hearing is to get the case moved up to Superior Court and the grand jury without revealing the bulk of the evidence. "It's a common practice in this state (NH) for prosecutors to provide additional investigative materials to the defense in exchange for a waiver of the hearing," said former state prosecutor Dave Ruoff, who is not involved in the case. (HOTD: this explains why the defense knew next to nothing about the state's case at the arraignment.)
Ruoff said Kibby could decide to waive his right to the hearing. "The defendant doesn't really have the right to discovery until the case is bound over to the superior court," Ruoff said.
Ruoff said the burden of proof is very low at probable cause hearings. "The state will probably call one of its lead investigators to the stand," he said. "They don't need to call the victim. They don't need to call people that actually witnessed certain events. They can call just someone who has reviewed the file to testify about the content of the investigation."
At an emergency hearing in July, Kibby and his attorney, Jesse Friedman, fought to keep Kibby's mobile home and storage container in place. The state wanted to relocate the property to a secure location, citing concerns over vandalism and trespassers who might disturb the scene. The trailer is expected to be a focus at the probable cause hearing, as well.
"I think that you would learn some additional details," Ruoff said. "Keep in mind that the defendant's attorney gets to cross-examine the witness. And sometimes, the cross-examination is intended to uncover more evidence."
The hearing is scheduled for 9 a.m. Sept. 9 at the Carroll County Courthouse. If Kibby waives, the case would immediately go to a grand jury, which could take up to 90 days to hand down indictments.
http://www.wmur.com/news/hearing-in-abby...z3CCqx4IdW
Latest:
Investigators have remained tight-lipped about the case, but sources close to the investigation have indicated that the evidence that will be presented is extensive and disturbing.
Experts said the goal of the probable cause hearing is to get the case moved up to Superior Court and the grand jury without revealing the bulk of the evidence. "It's a common practice in this state (NH) for prosecutors to provide additional investigative materials to the defense in exchange for a waiver of the hearing," said former state prosecutor Dave Ruoff, who is not involved in the case. (HOTD: this explains why the defense knew next to nothing about the state's case at the arraignment.)
Ruoff said Kibby could decide to waive his right to the hearing. "The defendant doesn't really have the right to discovery until the case is bound over to the superior court," Ruoff said.
Ruoff said the burden of proof is very low at probable cause hearings. "The state will probably call one of its lead investigators to the stand," he said. "They don't need to call the victim. They don't need to call people that actually witnessed certain events. They can call just someone who has reviewed the file to testify about the content of the investigation."
At an emergency hearing in July, Kibby and his attorney, Jesse Friedman, fought to keep Kibby's mobile home and storage container in place. The state wanted to relocate the property to a secure location, citing concerns over vandalism and trespassers who might disturb the scene. The trailer is expected to be a focus at the probable cause hearing, as well.
"I think that you would learn some additional details," Ruoff said. "Keep in mind that the defendant's attorney gets to cross-examine the witness. And sometimes, the cross-examination is intended to uncover more evidence."
The hearing is scheduled for 9 a.m. Sept. 9 at the Carroll County Courthouse. If Kibby waives, the case would immediately go to a grand jury, which could take up to 90 days to hand down indictments.
http://www.wmur.com/news/hearing-in-abby...z3CCqx4IdW