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Judge orders preserving of evidence in Abigail Hernandez case

Abigail Hernandez, right, sat with family and friends and listened to her mother Zenya Hernandez, center, talk with N.H. Senior Assistant Attorney General Jane Young, right, prior to the arraignment of Nathaniel Kibby.

Charles Krupa/AP

Abigail Hernandez, right, sat with family and friends and listened to her mother Zenya Hernandez, center, talk with N.H. Senior Assistant Attorney General Jane Young, right, prior to the arraignment of Nathaniel Kibby.

A New Hampshire judge ordered law enforcement officials Monday to keep careful track of physical evidence collected in the kidnapping case of Conway teen Abigail Hernandez.

Nathaniel E. Kibby of Gorham, N.H., has pleaded not guilty to a charge of kidnapping Hernandez, whom he is accused of abductin in October. She returned home last month. Kibby is being held on $1 million cash bail.

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Conway District Court Judge Pamela D. Albee ordered the state last week not to move Kibby’s mobile home and a storage container from the trailer park where he lived. Prosecutors wanted to haul both items away and put them into storage at an undisclosed location.

Charles Krupa/AP

Nathaniel Kibby, 34, of Gorham, N.H.

The ruling came at the request of public defenders appointed to represent Kibby. Albee addressed other aspects of the defense filing, ordering law enforcement and medical facilities to preserve any information that could be tied to the case.

The judge also directed law enforcement officials to maintain notes, 911 calls, recordings of any interviews, e-mails, and text messages involving them or witnesses in the case.

In addition, a New Hampshire hospital and other providers were ordered to preserve Hernandez’s medical records. Albee also called for preservation of any evidence from Hernandez’s home.

Further, Albee agreed to a defense request that officials maintain “any evidence of any investigation by anyone into the possibility that any other person may have committed the alleged crime or crimes with which the state charges Mr. Kibby.’’

In her order last week, Albee confirmed that Hernandez was confined for at least some period of time at Kibby’s residence. It is not known what law enforcement officials believe happened in Kibby’s mobile home and shipping container.

John R. Ellement can be reached at ellement@
globe.com
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