01-11-2016, 05:52 PM
Judge rejects most requests from man accused of kidnapping girl:
Taken from: http://www.wmur.com/news/judge-rejects-m...l/37373998
A judge has ruled against most of the motions filed by a man accused of kidnapping and raping a 14-year-old girl but did allow some evidence to be excluded.
In a 45-page response, Judge Larry Smukler denied most of the motions filed by lawyers for Nathaniel Kibby, 35, of Gorham, who was accused of kidnapping and assaulting a North Conway teenager in 2014.
Kibby's defense team argued to have Associate Attorney General Jane Young recused from the case after the Attorney General's Office said Kibby was recorded making lewd, violent threats against her during a phone call from jail.
The defense claimed Young can't be a victim and a prosecutor, but the motion was denied.
Most of the defense motions focused on 55 pieces of evidence Kibby claims was unlawfully taken from his Gorham trailer in what his attorneys called a fishing expedition. Some of the disputed evidence includes masks, sex toys, DVDs, CDs, a laptop computer and a video camera.
The motions were all denied with one exception. Investigators removed a number of firearms from Kibby's home during a search for two particular weapons, a long gun and a handgun described by the victim.
Prosecutors did not object to the suppression motion for the additional firearms, and the motion was granted.
Kibby also sought to have several sexual assault charges dismissed, but Smukler denied most of those motions. Motions on two charges were deferred, pending the resolution of a motion from the state.
Kibby also was seeking access to the victim's medical history and records since birth. Prosecutors have already provided medical records since 2004, and the judge ruled that Kibby's defense team is not entitle to additional records.
Taken from: http://www.wmur.com/news/judge-rejects-m...l/37373998
A judge has ruled against most of the motions filed by a man accused of kidnapping and raping a 14-year-old girl but did allow some evidence to be excluded.
In a 45-page response, Judge Larry Smukler denied most of the motions filed by lawyers for Nathaniel Kibby, 35, of Gorham, who was accused of kidnapping and assaulting a North Conway teenager in 2014.
Kibby's defense team argued to have Associate Attorney General Jane Young recused from the case after the Attorney General's Office said Kibby was recorded making lewd, violent threats against her during a phone call from jail.
The defense claimed Young can't be a victim and a prosecutor, but the motion was denied.
Most of the defense motions focused on 55 pieces of evidence Kibby claims was unlawfully taken from his Gorham trailer in what his attorneys called a fishing expedition. Some of the disputed evidence includes masks, sex toys, DVDs, CDs, a laptop computer and a video camera.
The motions were all denied with one exception. Investigators removed a number of firearms from Kibby's home during a search for two particular weapons, a long gun and a handgun described by the victim.
Prosecutors did not object to the suppression motion for the additional firearms, and the motion was granted.
Kibby also sought to have several sexual assault charges dismissed, but Smukler denied most of those motions. Motions on two charges were deferred, pending the resolution of a motion from the state.
Kibby also was seeking access to the victim's medical history and records since birth. Prosecutors have already provided medical records since 2004, and the judge ruled that Kibby's defense team is not entitle to additional records.