CONWAY, N.H. — Lawyers for the man accused of abducting 14-year-old Abigail Hernandez argued in court Wednesday that his New Hampshire mobile home shouldn’t be moved — and all of the evidence in the mysterious kidnapping case must be preserved. An emergency motion filed on behalf of suspect Nathaniel Kibby, 34, requests that his mobile home and storage container in the small town of Gorham not be moved or “altered in any fashion.” Prosecutors have said that the single-wide trailer — now a crime scene — has attracted public and media attention, needing police to guard the home, and that it’s impractical to keep it in the same location.
Jane Young, New Hampshire’s assistant attorney general, told the judge that it would cost the state $12,000 just to put fencing around the property. She also argued that the state has sufficiently photographed, videotaped and diagrammed the site — all evidence made available to Kibby’s defense team. But his attorney, Jesse Friedman, said Kibby hasn’t been found guilty of abducting Hernandez and deserves to have his home and belongings intact. “The state is waving this around like it’s a tangible good that they can take and whisk away,” Friedman said. “This is this man’s home.” Friedman also claimed he has been given very little by the state in terms of relevant documents.
It’s unclear when the judge could rule on whether Kibby’s home can be moved or not. Hernandez vanished while walking home from school on Oct. 9, but then emerged last month under strange circumstances. Police have not divulged where Hernandez was, or her relationship to Kibby. Affidavits outlining the case against him were sealed, and the judge last week set his bail at $1 million ahead of a preliminary hearing next Tuesday. Hernandez didn’t attend Wednesday’s hearing. A family spokesman told NBC News that she is continuing to adjust to being home.
— Alan Cohen and Erik Ortiz
First published August 6 2014, 8:57 AM