Affidavit: Maine Man Tried to Stage Girl's Kidnap

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    NEWSLETTERS

    Penobscot County grand jury indicted Kyle Dube on charges of murder, kidnapping in death of Nichole Cable, 15 (Published Saturday, Feb 1, 2014)

    BANGOR, Maine (AP) - A police affidavit says a man used a fake Facebook account to lure a teenage girl out of her house in Maine in an attempt to stage her kidnapping and rescue so he could look like a hero but ended up killing her.

    A Penobscot County grand jury Wednesday indicted Kyle Dube on charges of murder and kidnapping in the death of 15-year-old Nichole Cable.

    The affidavit says Dube intended to kidnap and hide Nichole and later find her and "be the hero." But it says she died in the back of his pickup truck after he duct-taped her while wearing a ski mask.

    Nichole's body was found in a wooded area of Old Town this month, a week after she went missing.

    Dube's lawyer had wanted the affidavit to stay impounded, citing concerns over his right to a fair trial.

    THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

    A skeptical judge who's being asked to unseal a probable cause affidavit in the death of a 15-year-old girl questioned whether news organizations have the right to intervene Wednesday but said he'd make a decision in the case by day's end.

    Justice William Anderson asked whether news organizations can intervene in criminal cases or whether the proper procedure to contest his ruling should've been be to seek a temporary restraining order in civil court.

    Sigmund Schutz, lawyer for The Associated Press and the Portland Press Herald, argued that the affidavit explaining why 20-year-old Kyle Dube was charged in the death of Nichole Cable should be made public on First Amendment grounds and that the simplest procedure was to ask the judge who's  familiar with the case to intervene.

    "There is a gap in our rules to address this situation," Schutz told the judge during a 30-minute hearing. "This is where we need to fill in the blanks with case law in other jurisdictions."

    Last week, Anderson granted a motion by Dube's attorney to seal the document until the grand jury considers the case. Defense lawyer Stephen Smith cited threats against Dube, along with concerns about Dube's right to a fair trial. He's since voiced concerns about the privacy of family members.

    The judge said Wednesday that he'd rule by day's end on the media request. But he said he may need more time to decide an expanded defense motion to keep the affidavit and additional documents under seal until trial.

    Smith wants the documents remain sealed until the trial jury is selected, which could be a year or more away. He argued that the public's right to be informed about court proceedings wouldn't be harmed by withholding details.

    The news organizations contend probable cause affidavits may be sealed only under rare circumstances that don't apply in this case. "The defendant is entitled to a fair trial. We don't think that our position is in conflict with his right to a fair trial," Schutz said.

    (Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)