Apr 12, 2016 5:56 PM
LACONIA - Defense Attorneys for the Gorham man facing more than 200 charges in connection with the kidnapping and rape of a North Conway teenager, are asking a judge to consider pushing back the trial date.
Nathaniel Kibby is accused of kidnapping a 14-year-old girl in October 2013, and raping her over a course of nine months. Prosecutors say Kibby kidnapped the girl on her way home from school in Conway, then imprisoned her in his home and in a storage unit until July 2014 when she returned. The trial is set to begin in June.
In Belknap County Court Tuesday, defense attorney's said a member of their team had to leave for a personal issue and they will need to find a replacement; one reason why they said they are not prepared to represent their client. They also cited the heavy caseload, which includes about 43,000 pages of evidence.
"I don't think the court wants us to walk into court one day and be at trial and open up a packet and say 'oh look' we missed that picture because we only took an hour to look through the almost 1,100 pages of new discovery," Defense attorney Jesse Friedman said.
Friedman also argued that because there has been new evidence presented, his team has had to expand its own panel of experts. Among new evidence are impressions taken from the bed frame inside Kibby's home, where prosecutors say he restrained the girl.
Kibby's accused of using death threats, a stun gun, zip ties and a shock collar to control the teen.
"We have done everything possible within our current means and what happened to the defense team to keep the case on track," Friedman said.
The state argued the trial should start as scheduled, saying there have been enough extensions and deadlines have still not been met. Assistant Attorney General Jane Young also said there are logistical reasons why an extension would be problematic.
"We have a victim in this case, we have a number of witnesses, we have an outside consultant that's going to assist with a IT who is telling us that August does not work for them," Young said.
The judge is considering the matter. It's unclear when a ruling is expected.
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