CONCORD, N.H. (NEWS CENTER) -- The man accused of kidnapping a 14-year-old girl and raping her over the course of 9 months is back in court Tuesday morning.
Nathaniel Kibby of Gorham, entered a not guilty plea back on January 5 on several charges, including kidnapping and sexual assault. Officials say the victim was able to escape back in July and prosecutors said she has positively identified him as her kidnapper.
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The counts against Kibby include charges of kidnapping, criminal threatening, criminal use of and felonious sexual assault. Some of the charges were brought in Carroll County, where the kidnapping allegedly took place, and in Coos County, where Kibby allegedly held the girl.
Kibby's defense team is motioning to preclude recorded jail phone conversation and jail visits, the state says most calls are with his girlfriend. The defense claims the records are not relevant to the charges Kibby faces and create an advantage for the state. However, the state disagrees and says not all of the recordings will be used. The defense also requested 55 pieces of evidence collected from Kibby's residence to be tossed out, some of those items include a laptop and a "scream-style" mask. The defense argued there wasn't probable cause because victim's story changed. The next motion to suppress evidence by defense involves firearms taken from Kibby's home and sex toys in which the defense said the items weren't specifically named in warrant. The state argues for the toys saying they could contain DNA evidence of the victim on them.
The judge also denied the defense's motion to remove Attorney General Jane Young from case. The defense claimed, "you can't be the lead prosecutor and victim at the same time." This comes after Kibby allegedly threatened Young, making vulgar threats to harm her during a recorded phone call from the Carroll County House of Corrections.
During the hearing, the defense asked a statement made by Kibby to a deputy sheriff during his arrest to be tossed out. At the time of his arrest, Kibby made comments during transport saying he was surprised that he was being treated respectfully and apologizing for what he did. The defense also noted Kibby told him investigators would have a hard time getting into a storage unit without his code.
The New Hampshire Attorney General released court documents back in early December 2014 that allege Kibby committed acts that include sexual assault and sadistic activities.
WARNING - THIS STORY CONTAINS GRAPHIC MATERIAL
The state alleges that Kibby kidnapped the teenage girl with the purpose to commit felonious sexual assault and that he did not voluntarily release her without serious bodily injury.
The state said Kibby assaulted the victim by placing a gag in her mouth, covering her head with a t-shirt and a motorcycle helmet to block her breathing. He also allegedly bound her wrists with zip-tie like fasteners and taped her eyes shut. The state also said Kibby attached an anti-bark shock collar to the teenager's neck. He also allegedly used an electronic defense weapon on her feet, shoulders, legs, arms, buttocks and back.
Kibby destroyed evidence that he held the teenager, including gags, says court documents. He also allegedly altered and destroyed fake surveillance security camera.
The state also alleges said that Kibby forced the girl to write false information in a letter to her mother. The girl tried to carve a note into the letter's paper to give information to her mother and police, but Kibby allegedly realized and destroyed it. The state also alleges Kibby made her write another letter.
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