Continuance granted in probable cause hearing for alleged Abigail Hernandez kidnapperBY JOHN KOZOIL
Union Leader Correspondent
August 08. 2014 2:54PM
OSSIPEE — With his attorney talking to the prosecution about “the dissemination of discovery materials,” Judge Pamela Albee on Friday granted Nathaniel E. Kibby, – accused of kidnapping a Conway teen last year – a 30-day continuance of his probable-cause hearing.
The state alleges that on Oct. 9, 2013, Kibby, 34, of 4 Brookside Drive in Gorham, kidnapped then 14-year old Abigail Hernandez as she walked home from Kennett High School, where she was a freshman.
Hernandez, now 15, returned to her North Conway home on July 20 and eight days later, Kibby was arrested at his home, charged with one count of Class B felony kidnapping.
Since his first appearance on behalf of Kibby in Conway District Court on July 29, public defender Jesse Friedman has asked the court to compel the state to turn over and preserve evidence.
Friedman wrote, in his motion for a continuance, that the parties “request additional time to determine the necessity of a hearing.”
According to the motion, Kibby “has consulted with counsel and hereby waives his right to a speedy probable-cause hearing to the extent necessary.”
Although Albee acted on the motion to continue the hearing, she has yet to rule on Friedman’s motion to preserve evidence.
She heard those arguments Wednesday.
The state wants to relocate Kibby’s mobile home and a metal storage container on his rented property in the Gateway Trailer Park to a facility that is secured from the elements as well as curiosity seekers.
Kibby’s attorney has asked that the mobile home and storage container be left where they are, saying their placement is both relevant and material to Kibby’s case.
Albee stayed a provision of a previous search warrant she had granted to the state that would have allowed the removal of numerous items from Kibby’s home and storage trailer, which Young said included both of those items.
Kibby is being held on $1 million cash-only bond at the Carroll County Jail pending the probable cause hearing.