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Kibby was arrested on July 28 and is being held on $1 million bond. He missed the Aug. 1 payment.
While Abigail was missing, her friends released a video and letters pleading for her return. The community rallied around her family, holding vigils, helping to search for her and printing posters seeking information. Residents who searched and prayed that she would return have been looking for answers about where she was and how she got back home.
container would deprive them of their chance to investigate what neighbors and others could see and hear on the property and to photograph and diagram the scene.
Nathaniel Kibby is charged with kidnapping Abigail Hernandez on Oct. 9 and holding her against her will. Abigail, a student at Kennett High School in Conway, returned home on July 20, but investigators have not revealed details of how she went missing or how she returned.
Senior Assistant Attorney General Jane Young argued at a hearing on Wednesday that the 34 year old Kibby owns the trailer but not the land it's on and that the landlord could move the property if Kibby doesn't pay his rent. The judge ordered the state to pay the rent for now.
The judge said she would revisit the state's bid to move the trailer and the container after the defense has had a "meaningful opportunity" to conduct its investigation.
Kibby's lawyers say moving the trailer and New Balance 998 Grey Navy
"This is simply not a viable option," the judge wrote.
Prosecutors wanted to move the trailer and the storage container from Kibby's property in Gorham, about 30 miles north of Conway, to a secure location to ward off damage and intruders. They also cited the costs of posting a 24 hour guard or fencing at what they refer to as a crime scene.
Judge rules kidnapping suspect's trailer should stay put
SHELLEY WALCOTT JOINS US NOW LIVE FROM THE NEWSROOM WITH DETAILS ON WHAT THAT RULING CLOUDED. NOT ONLY WILL THAT MOBILE HOME STAY ON THAT PROPERTY IN GORHAM, THE STATE WILL ALSO PICK UP THE RENTAL COST. THE LANDLORD WANTED TO CLEAR New Balance 996 Grey And Pink Suede Trainers
Kibby's defense team was permitted to visit the property twice but was not allowed to take notes or photographs, the judge wrote. The state has had "unfettered access" to the property since a search warrant was issued the day Kibby was arrested, she added.
THE PROPERTY BECAUSE RENT MONEY HAD STOPPED COMING IN. BUT LATE TODAY THE JUDGE SIDED WITH THE DEFENSE SAYING THE PROPERTY SHOULD REMAIN AS IT IS, SO THAT KIBBY'S ATTORNEYS CAN EXAMINE IT AS PART OF THEIR CASE. THE JUDGE ALSO ORDERED PROSECUTORS TO HAND OVER SEARCH WARRANT DOCUMENTS TO THE DEFENSE. KIBBY IS CHARGED WITH KIDNAPPING ABIGAIL HERNANDEZ LAST OCTOBER. HE WAS ARRESTED LAST WEEK AND WAS BACK IN COURT WEDNESDAY, A AS HIS ATTORNEYS FOUGHT AGAINST New Balance 574 Red Black
Click to watch News 9's coverage.
EFFORTS TO MOVE HIS HOME. PROSECUTORS HAVE NOT SAID WHAT THEY FOUND INSIDE THE HOME OR STORAGE CONTAINER, BUT THEY DO CALL IT CRUCIAL EVIDENCE. AND KIBBY'S PROBABLE New Balance 998 Grey Navy Red CAUSE HEARING WILL NOW TAKE PLACE SOMETIME IN SEPTEMBER, AT THE
Defense attorney Jesse Friedman said he is happy with the ruling "for the time being." He would not comment on when he would likely be able to get full access to photograph and diagram the property.
The judge also flatly rejected the state's suggestion that defense counsel share the cost of a round the clock police guard or fencing around the property.
Judge Pamela Albee ruled Friday the property will remain where it is until Kibby's lawyers can investigate and prepare a defense strategy. She also sealed search warrants turned over to Kibby's lawyers to expedite their investigation.
Young did not immediately return a call seeking comment.
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