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Tuesday, July 29, 2014

Man accused in Abigail Hernandez kidnapping held on $1M cash bail

Nathaniel Kibby, 34, of Gorham, New Hampshire, was ordered held on $1 million cash bail Tuesday at his arraignment on a kidnapping charge in Conway District Court.

Kibby was arrested Monday in his home for allegedly kidnapping 15-year-old Abigail Hernandez while she was walking home from school in Conway, New Hampshire, last October.

Hernandez sat in the front row during Kibby's hearing surrounded by friends and family.

"This girl is stronger than anyone I know. I admire her family's strength during this whole ordeal," Paul Kirsch, a family friend, said.

Kibby's attorney didn't contest the high bail, but said the case is without merit.

"When the facts come out, this case will be entirely different than what you think," attorney Jesse Friedman said.

Hernandez resurfaced on July 20 wearing the same clothes she disappeared in nine months ago.

In a press briefing after the arraignment, the New Hampshire Attorney General credited police, the community and Abby herself for her escape, but they would not say how she escaped or whether she was Kibby's captive the entire time.

"We learned Sunday might that there was enough evidence to obtain a search warrant," Associate Attorney General Jane Young said.

On Monday, a SWAT team arrested Kibby at his trailer home without incident.

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Source: NECN

McTear trial: Defense points finger at baby's mother

TAMPA -- Jurors heard Richard McTear's side of the story Tuesday as defense attorneys presented their case in his murder trial. McTear will not testify in his own defense.

He is accused of throwing his former girlfriend's baby out of his car window in May 2009. McTear Jr., 26, is charged with first-degree murder, aggravated child abuse and other offenses in the death of 4-month-old Emanuel Murray.

On Tuesday, the defendant’s father took the stand. Richard McTear Sr. told the jury his son never wanted to hurt baby Emmanuel.

Instead, he pointed at the baby's mother, Jasmine Bedwell. McTear Sr. said he saw text messages between his son and Bedwell that worried him.

“She was talking like she would harm herself or harm her baby,” he said.

McTear's father said he saw those scary text messages a month before baby Emmanuel was found dead on the side of Interstate-275.

But prosecutors shot back.

“When you saw that text message what did you do? Did you call 911? No? Did you call DCF?” asked the prosecutor.

“No I didn’t,” McTear Sr. answered.

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Source: Bay News 9

Jurors in Lovette murder trial end day's deliberations without verdict

DURHAM — The jury in the trial of Laurence Alvin Lovette went home Tuesday without reaching a verdict.

Superior Court Judge Jim Hardin told the attorneys that he was going to call it a day about 5:15 p.m.

“I’m going to let them go home and let them have a fresh start in the morning,” Hardin said.

He told the jurors to return at 9 a.m. Wednesday to continue their deliberations.

Lovette, 23, is charged with armed robbery and first-degree murder in the death of Abhijit Mahato, 29, a Duke graduate student who was found shot to death in the bedroom of his apartment on Anderson Street on Jan. 18, 2008.

The jury began deliberating Monday after closing arguments but returned to the courtroom Monday afternoon with requests to see some of the evidence. On Tuesday morning, Hardin allowed them to review written documents and photographs if those items had been admitted into evidence during the trial.

The jurors were allowed to review some written documents, photos from the crime scene and photos of a silver Mercedes Benz, but they were not allowed to review transcripts of some of the testimony that occurred during the trial.

Key witness

Prosecutors presented a case to the jury without any physical or forensic evidence that linked Lovette to Mahato’s death.

Instead they had to rely on the testimony of Shanita Love, who was living with her boyfriend, Demario Atwater, his mother and his younger half-siblings in an apartment off South Roxboro Street at the time of Mahato’s murder.

Love testified that Lovette came to the apartment in the morning after Mahato was shot and killed and that she heard him talking about taking Mahato to an ATM in a stolen Mercedes, withdrawing money from his account and then taking him back to the Anderson Apartments, where he shot him in the head.

She also testified that as Atwater and Lovette drove her to work that morning, they drove past the Anderson Apartments, and Lovette said the body was still in the apartment and had not yet been discovered because there were no police officers in the parking lot.

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Witness says she saw Holly Bobo tied up in video

LEXINGTON, Tenn. — The case against a man charged with accessory after the fact and tampering with evidence in the slaying of 20-year-old nursing student Holly Bobo case was sent to the grand jury Tuesday after a preliminary hearing.

At the hearing, Sandra King testified that Jeffrey Pearcy showed her a video in which Bobo was tied up and crying. King testified that Zachary Adams, who is charged with Bobo's murder and kidnapping, also was in the video.

King testified that Jeffrey Pearcy told her his brother Mark Pearcy took a video of Adams raping Bobo. King testified that she did not watch the whole video and did not see a rape take place.

Jeffrey Pearcy denies the existence of such a video. He said after court Tuesday that he's never seen a video like the one King described.

Pearcy's brother Mark faces the same charges and is awaiting a preliminary hearing. Mark Pearcy also has pleaded not guilty.

A Tennessee Bureau of Investigations agent testified Tuesday that authorities have a phone belonging to Mark Pearcy that they are trying to unlock to see if it contains the alleged video.

Bobo was abducted the morning of April 13, 2011, from outside her home in Darden, Tenn. Her brother told investigators he saw a man wearing camouflage walking her into the woods.

Adams was indicted in March on charges of especially aggravated kidnapping and first-degree murder.

A second man, Jason Wayne Autry, was indicted in April on first-degree murder and especially aggravated kidnapping charges.

Source: Nichole Manna - The Jackson Sun

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