Man Accused in Abigail Hernandez Case in Court

Lawyers for Nathaniel Kibby asked for an expedited hearing to discuss how evidence will be preserved

New details were revealed Wednesday about the home and property of the man accused of kidnapping New Hampshire teen Abigail Hernandez last year.

Nathaniel Kibby, 34, of Gorham, and his lawyers were in court for an expedited hearing to discuss how evidence in the kidnapping case against him will be preserved. Prosecutors are seeking to move Kibby's mobile home and a storage container next to the home to a more secure location.

Kibby's residence was described in court Wednesday as a 22-year-old mobile home with stairs and a deck. The mobile home is located up gravel driveway, abutting a river. To the left of the mobile home is a shipping container that contains a front section, a middle section and a third section. The storage container locks in the front and has a door that allows access near the rear. The mobile home and the storage container are located on leased land in a mobile home park.

"Nate is entitled to the presumption of innocence," said Jesse Friedman, Kibby's attorney, arguing against moving the home. "Constitutionally he is entitled to a defense. This is his home. The state is waving this around as if it's a tangible good it can whisk away. This is this man's home."

But Associate Attorney General Jane Young said if the mobile home and the storage container aren't moved, there is no way to ensure that they won't be tampered with. Cordoning off the property would cost $12,000, and even then, it wouldn't be completely secure.

"I have great concerns if we leave it there that there will be destruction," Young said. "We're not getting rid of the land. We're just taking these two mobile items to protect their integrity."

Friedman also expressed concern at how little information prosecutors have provided him about the case. All he has so far, he said, is one page listing the complaint and the 8-page arrest warrant affidavit.

"I can't defend him until I can see what's there, what they took," he said. "That's the way we build a criminal case. This is not fair, it's not a level playing field right now. We're nine days into this case and we have nothing."

Judge Pamela Albee took the case under advisement following Wednesday's hearing. Until she issues a ruling, prosecutors are barred from moving the mobile home and shipping container.

Kibby was arrested at his mobile home late last month, soon after Hernandez, 15, returned home nine months after her disappearance in Conway, New Hampshire, last October. He was arraigned on a kidnapping charge and his bail set at $1 million. Friedman didn't contest the high bail at his arraignment but said the case is without merit.

If convicted on the kidnapping charge, Kibby faces a maximum of 7 years in jail. He could face additional charges.

Kibby's probable cause hearing is set for Aug. 12.

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