GORHAM — The state is getting ready to install a fence around the mobile home and outdoor storage container owned by Nathaniel E. Kibby, the man accused of kidnapping Conway teenager Abigail Hernandez.
On Wednesday afternoon, Justice Pamela Albee ruled that she would not hold an expedited hearing on the state’s motion to clarify a condition of her previous order on preserving evidence in the Kibby case, telling the state that “Fencing is otherwise a viable option so long as the defense is given ready access to the property upon its request.”
On Aug. 8, Albee granted the defense’s motion to preserve the evidence at the property Kibby rents at 4 Brookside Drive in the Gateway Trailer Park where he owns a single-wide mobile home and a metal container a short distance from the residence. Search warrants allowed the state to remove items from Kibby’s mobile home as well as the container, and the state was poised to take possession of those structures, too.
Associate Attorney General Jane Young argued that the best way to satisfy the request of Jesse Friedman, Kibby’s public defender and the person who brought the motion to preserve evidence, was to remove the mobile home and storage trailer and take them to a secure location out of the weather and away for the curious.
Albee, however, sided with Friedman and ordered the mobile home and trailer to remain where they are.
Neither the state nor defense has said anything in depth about what happened to Hernandez, who disappeared on Oct. 9, 2013
Hernandez, who is now 15, reappeared on July 20 and was reunited with her family in North Conway. Eight days later, Kibby, 34, was arrested at his residence and appeared in Conway District Court on July 29.
Earlier this week, an attorney representing the Hernandez family said Abigail had been the victim of “unspeakable violence” but did not elaborate.
Friedman did not respond to requests for comment about the remark.
Kibby is being held on $1 million cash-only bond at the Carroll County jail. A probable-cause hearing that had been scheduled for Aug. 12 in Ossipee District Court was continued to an indefinitely after the defense filed a motion with Albee saying that it and the state were in discussions about the state turning over evidence.
On Thursday, Young said Albee’s most recent ruling gives law enforcement “the ability” to put up a fence around Kibby’s mobile home and storage container.
“The judge basically clarified her previous ruling for us and said we can put up the fences,” Young said, adding that while she wasn’t sure when the fence will be erected, “I assume we will be doing it.”
Asked about the state’s case against Kibby – to date, Kibby has been charged with one count of Class B Felony Kidnapping, which can be levied only when the kidnapper returns his victim unharmed – Young replied that there may be additional charges coming.
“This is a very active investigation; if there’s additional information to warrant additional charges, we will bring them forward,” she said. “It depends on what is uncovered as the investigation progresses.”
Young said the court documents detailing the charges — which Albee ordered turned over to the defense last week — will remain sealed from the public “for the time being.”
Correspondent Dan Seufert contributed to this report.