ARREST MADE: Abigail Hernandez, 15, Missing/Returned Safe - New Hampshire

[blueberryhill]

Well, I think she is probably a spoiled brat, another obnoxious teenager testing her limits and mother is very permissive IMO,
but I don't think her physical appearance is indicative of what she suffered. Sexual violence doesn't always leave visible marks, and just because her kidnapper didn't starve her, doesn't mean she did not suffer. I am going to wait for the facts to come out. If she is another rebellious teenager or a perfect kid, she didn't deserve what is being hinted at in the news media. It may be Defense strategy, who knows.....

[HairOfTheDog]

That's what's so strange about it to me.

It looks like a defense strategy. But, Abigail Hernandez is not a suspect in need of a defense strategy. She is the alleged victim.

If she's telling the truth, I sure do hope LE is able to turn up evidence to support the victim's public allegations so that the state can file additional charges against Kibby. If not, the real defense attorneys will be able to use the public record of those uncharged allegations to paint Abby as a liar or exaggerator. It could really hurt the prosecution.

IDK. Maybe Abby's legal reps know that there is evidence to back those allegations and that additional charges are being filed. Or, maybe they're hoping to push Kibby into pleading guilty and avoiding a trial.

Whatever the case, that public release was a strange victim strategy -- but everything in this case has been strange, IMO.

[blueberryhill]

I don't know, Hair, but the media was making a big deal of securing the storage shed so you would assume there is evidence in there to support
I remember how Hannah Anderson was criticized when she was freed from family friend kidnapper who had killed her mother and brother. I, too, thought she seems so indifferent, and not nearly as upset as we thought she should be. However, a couple of weeks ago, I saw her in interview on Dateline, or some similar show and listened to her story which matched all the evidence. Regardless of her previous behavior, I could see how this experience had really deeply affected her. Don't think she had emotional maturity to react any other way. I messed up in previous post, as I did not mean defense strategy obviously. Had another case on my mind. I am a true crime junkie....

[HairOfTheDog]

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

[Maggot]

They all seem to be keeping things away from the press. Good for them.

[HairOfTheDog]

^ Yeah, everyone involved has been tight-lipped about details and the arrest warrant affidavit is still sealed.

More will come out at the Probable Cause hearing, but that's not happening any time soon. It was supposed to take place tomorrow, but has been pushed back 60 days according to a local station.

http://conwaymagic.com/?p=9346

[FunkyBurger]

Awesome info on this case, guys. I haven't heard of it until now and did some quick browsing on the story. My opinion is this little shit left home with an older "bad boy" that showed a few things in the sack and bought her weed and booze so she could tell her parents she was a grownup and she could do whatever the fuck she wanted to, but after nine months and when she got tired of playing wife, get boned by this dude and maybe even saw thru the papers and TV she could have a nice 15 minutes of fame coming back, she walked out the door and went home.

Don't get me wrong the dude is a moron for messing around with a much younger chick (we don't know if he knew she was a minor) but the whole story stinks like a teen that hasn't showered in a week. There is no fucking way this young bitch was either abducted or held against her will. Once proved, I would very much like to see her ass being charged with something, and if nothing else being made responsible for the financial resources spent on this case.

[Adub]

Seems to be the going consensus that poor Crazy Nate is the victim of the wayward teen known as Abigail Hernandez. I didn't even finish reading the bullshit above. Really starting to hate the internet.

[HairOfTheDog]

I don't think that Crazy Disgruntled Nate is the victim of Abigail Hernandez.

There are still a lot of unknown details, so it's possible to me that he did forcibly abduct Abigail. It's also still possible to me that she initially chose to go with him for some reason, and then he held her against her will -- as LE speculated was possible early on.

The letter that Abby sent her mom two weeks after disappearing is a strange piece of this story. Abigail coulda been forced to write it in attempt to convince people she'd run away. Or, maybe she convinced her abductor to let her write it. Wonder what it said.

In any case, she was 14 when she went missing and Kibby's 34. I'm glad he didn't kill her, very glad. I'd like to know if she escaped or if he instead let her go. Either way, at minimum, he knew she was a minor and that her parents and the whole community were searching high and low for her. That's messed up and it's a crime, whether he was helping her stay below the radar or whether he was holding her against her will. I lean towards the latter, at this point.

But, I'm really curious to hear the whole story and the evidence. I think it's gonna be a while before we hear anything of the sort, though. If Kibby elects to go ahead with the postponed Probable Cause hearing, it won't happen til November. I won't be surprised if he waives and is instead indicted.

P.s. Really good to see you, Adub. Hope things are well with you.

[Duchess]

We all know it's wrong for a grown man to be dickin' around with a young girl, morally & legally but I can totally see a guy with very low intellect being manipulated by a teenager.

I don't think that kid is honest, I don't believe she has been truthful and I absolutely don't get how the police can say they've spent time interviewing her and they still don't know if she was taken.

[HairOfTheDog]

Kibby doesn't have a low IQ.

He's been described as an intelligent guy by law enforcement officers who've encountered him over the years and others who knew him, but also myopic and fervent in his views. He is anti-government and anti-authority and has a history of criminal offenses.

I think it's possible that Abigail Hernandez went off with him initially because rebelling against authority or rules appealed to her, or for some other reason. Without hearing more of the story or seeing any evidence, I haven't convicted Kibby of anything in my mind. I really don't know if Abigail was with him willingly for any or all of the duration she was missing. I'm not convinced there was any sexual or romantic interaction between the two because I've not heard that alleged by either side and Kibby's not been charged with rape or statutory rape at this point.

I personally don't think Abigail Hernandez manipulated Nathaniel Kibby into anything (but it's possible she did). And, I'm not sure if he abducted her or not. The only thing I feel certain of is that Kibby knew that Abigail was a minor and a missing person, and that a lot of people were looking for her. I wonder if that made him feel powerful? I can see how it might for someone with his extreme views and history of challenging laws, society, etc...

This is an interesting new article about Kibby and the case. It contains a couple of pieces of information that I hadn't seen before:
http://www.bostonglobe.com/metro/2014/09...story.html

[RJs-Ex]

I've been following this case pretty closely. This case isn't just about Abby and Nate, you can't overlook Abby's mother, Zenya. I believe Abby ran away from home of her own free will, desperate to get out of her controlling mother's clutches. I think it's likely that Abby & Nate had a 'romantic' relationship, but maybe he was just giving her a place to hide out for a while. I believe Abby and her mother had a considerable amount of communication during the time she was gone, with Abby dictating the terms of how/when she'd return home. I also think Zenya picked up Abby somewhere and brought her home, days before LE was alerted that Abby was 'released.' I don't think Zenya wants it getting out that Abby ran away, due to the contentious divorce and ongoing custody issues that Zenya's had with Abby's father.

I think Abby and Nate have been honest with what little they've spoken. It's the mother that has an agenda and is twisting the story all to shit.

[HairOfTheDog]

I think Abby and Nate have been honest with what little they've spoken. It's the mother that has an agenda and is twisting the story all to shit.

I have no idea whether Zenya and Abigail are in agreement with LE's tight-lipped handling of the case or what's going on behind the scenes. I get the sense that they want privacy but are also upset about the narrative and the public speculation that was developing in the absence of public information-sharing.

Last month, The Associated Press filed a motion for public disclosure after the state denied a request to unseal the arrest warrant affidavit for Nathaniel Kibby. The motion will be addressed in a hearing scheduled to take place this Friday morning, Nov. 7^th.

http://www.wmur.com/news/affidavit-heari...k/29476012

[cannongal]

Abby was home a whole week before she told police Nathaniel's name????

From: http://boston.cbslocal.com/2014/11/12/pr...tors-name/

CONCORD, N.H. (AP) — A New Hampshire teen who was kidnapped in October 2013 waited until a week after she was home to reveal her alleged captor’s identity, according to court papers released Wednesday.

The documents also said Abigail Hernandez told investigators she learned her captor’s name from a cookbook he had handed her during her captivity.

The information was released by a judge Wednesday in response to a motion filed by The Associated Press to unseal the arrest warrant affidavit against Nathaniel Kibby.

Kibby was charged in July with kidnapping the then-14-year-old on Oct. 9, 2013, as she walked home from her high school in Conway. She returned home the night of July 20, but investigators have not revealed the details of her kidnapping and return.

The paperwork released Wednesday was heavily redacted, with about half the text in the five-page document whited out. The newly released material sheds no light on how Abby vanished or how she returned home. Nor does it address any trauma she may have suffered.

Lawyers hired by Abby’s family said in August she suffered “numerous acts of unspeakable violence” during her months of captivity. The lawyers’ statement was largely a plea for privacy and did not elaborate on what she endured.

Kibby’s lawyer, public defender Jesse Friedman, declined to comment Wednesday on the newly released information. Senior Assistant Attorney General Jane Young declined to elaborate on the material released Wednesday.

The court papers revealed that in the week after Abby’s return, she made a sketch of the man she said held her captive. Sometime during that week, the teen’s mother, Zenya Hernanadez, told investigators that her daughter “had confided in her, telling her that she did not provide law enforcement with all the necessary information and furthermore, knew who her captor was.” On July 27, Zenya Hernandez gave a detective Kibby’s name.

After Kibby’s arrest, investigators spent considerable time searching a large storage container behind his Gorham trailer. They have refused to comment on whether they believe Abby was held captive there during her nine-month disappearance.

The excerpts indicate prosecutors believe she spent at least part of her disappearance inside Kibby’s trailer.

She told prosecutors she remembers seeing a framed copy of the Declaration of Independence on Kibby’s wall. According to the excerpts, a state trooper who’d made several trips to Kibby’s home before Abby’s disappearance recalled a framed government document inside the residence.

Throughout the portions of the affidavit released Wednesday, investigators use the term “captor” in reference to Kibby and “captive” to describe Abby’s circumstance.

Abby and her mother attended Kibby’s arraignment in July but have not commented on the case. Zenya Hernanadez had told investigators she doesn’t believe her daughter made it home the day she vanished because her dogs had not been let out and nothing seemed to be moved.

The excerpts say a dog tracked Abby’s scent from the high school to her front door, but it is not clear whether her scent was fresh or may have lingered from previous trips.

The AP filed its motion to unseal on Oct. 2. Kibby’s lawyers did not object but prosecutors did, saying the information would impede the ongoing investigation and could “taint the testimony” of witnesses who have yet to be interviewed.

Judge Pamela Albee met with prosecutors and defense attorney Jesse Friedman behind closed doors Nov. 7 but did not hold a public hearing on the motion to unseal.

Kibby is charged with kidnapping but has yet to be indicted or have a hearing on the evidence against him. Several probable cause hearings have been postponed with the consent of his lawyers. He is being held on a $1 million cash bond.

[Maggot]

I don't think the public deserves any info. The public = the media so it should wait until the trial as they all should.

[HairOfTheDog]

KIBBY INDICTED ON 205 CHARGES -- CONFINEMENT DETAILS/CHARGES REVEALED



Wow.

A man used death threats, a stun gun, zip ties and a shock collar to control a teenage girl he's accused of kidnapping at gunpoint, imprisoning and sexually assaulting over nine months, according to indictments released Wednesday.

Media outlets, including The Associated Press, repeatedly published the girl's name and picture after she disappeared and when she returned home. The girl's family and prosecutors have asked that her name and image no longer be published because they fear the publicity and association with sexual abuse will slow her recovery.

Kibby, 34, was indicted this week on charges including kidnapping, sexual assault, robbery, criminal threatening, illegal use of a gun and illegal use of an electronic restraint device. More than 150 of the indictments were heavily blacked-out. The charges carry penalties that could effectively send Kibby to prison for life if convicted.

According to the indictments, Kibby threatened to kill the girl, her family and her pets and used a "taser-like" device to punish her when she "carved" information about his identity in a letter to her mother. Prosecutors say he forced her to lie in that letter and made her rewrite it. As he began to fear an investigation, Kibby put a gun in her hand and told her it would be better to shoot him than give authorities any information, according to the indictments. He also forced her to wipe down the surfaces of a shipping container outside his trailer to remove her fingerprints and to pour cleaning fluid into plumbing trains to remove hair or DNA evidence, the indictments say.

Kibby also is accused of falsifying evidence by destroying or removing gags, anti-barking dog collars, a fake surveillance camera and an aquarium pump with tubing that had been used to provide the girl with water when she was restrained on the bed.

The charges say Kibby also gagged the girl, put a shirt over her head and face, then put a motorcycle helmet over that. During her confinement, he used the stun gun to control her, made her wear a shock collar, bound her wrists with zip ties and taped her eyes shut.

Full story: http://www.cbsnews.com/news/suspect-in-n...0-charges/

[HairOfTheDog]

Kibby’s public defenders maintained his innocence in a brief statement.

“By N.H. Rules we are not able to respond publicly to the specifics of these allegations and will respond appropriately through the judicial process,” the lawyers said. “It should be noted, however, that these are in fact mere allegations, and Nate Kibby, like anyone accused of a crime, is Constitutionally entitled to the presumption of innocence.”

Authorities have not provided details on how the girl returned home, and prosecutors on Wednesday explained why the new indictments were partially redacted.

Jane Young, an associate attorney general, said publicizing the graphic details of the indictments, as well as the girl’s name, would “cause further trauma and humiliation to the child in this case.”

“While we cannot un-ring the bell as to her identification, we can stop ringing it by not using her name or her likeness,” Young said. “As this case proceeds forward, we will give her the opportunity to continue not only to survive but to thrive.”

Kibby is scheduled to be arraigned on the new charges — which include kidnapping, aggravated sexual assault, and felonious sexual assault, as well as several weapons violations and criminal threatening — on Jan. 8 and Jan. 9 in Coos County Superior Court and Carroll County Superior Court.

Full story: https://www.bostonglobe.com/metro/2014/1...story.html

[HairOfTheDog]

The indictment docs for all 205 charges against Nathaniel Kibby can be found here: http://www.courts.state.nh.us/caseinfo/p.../index.htm

I've only quickly glanced over some of them and read media recaps, but the picture painted is that Kibby kidnapped Abigail at gunpoint, confined her in that shed like an animal, threatened her, and repeatedly raped her during the nine months she was missing. If he's guilty, she's an incredibly strong survivor and he's a piece of shit who should rot in prison for the rest of his sorry life.

The docs don't address the circumstances surrounding her release/escape 9 months after her alleged kidnapping (not that I've seen anyway).

Kibby will be arraigned on all of the new charges on Jan. 8 and Jan. 9.

[blueberryhill]

I am so happy that they have arrested this creep; I mentioned on an earlier post that I didn't feel this guy was someone Abigail would willingly pick for a boyfriend....If there is anything positive about this case, it is that she is still alive.

[HairOfTheDog]

Nathaniel Kibby was scheduled to appear for his arraignment via video on Jan. 8 and Jan. 9 in Coos and Carroll Counties, but his attorney waived the appearances. A defendant is able to waive an arraignment if he or she has reviewed a copy of the indictment and understands the substance of the charge, says New Hampshire law.

The Attorney General's office said the next likely step is for the judge to issue a dispositional conference order for each case. These orders will probably include dates for dispositions, major motions, jury selection and trial and discovery deadlines. The orders will come within six to eight weeks, said the Attorney's Office.

Kibby originally charged with one count of felony kidnapping and has been held since on a $1 million bail.

Full story: http://www.wcsh6.com/story/news/local/20.../21299659/