Wednesday, December 11, 2013
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BANGOR — Kristine Wiley stood up from her seat in the courtroom Wednesday as the man accused of killing her daughter on Mother's Day walked in, wearing ripped blue jeans and a white T-shirt with a "Fox" logo.
Kyle Dube walks into Superior Court for his arraignment at the Penobscot Judicial Center in Bangor on Wednesday.
Gordon Chibroski / Staff Photographer
Nichole Cable's mother is being shielded by a coat as her family leaves Penobscot County Superior Court in Bangor on Wednesday after Kyle Dube's arraignment on a charge of murdering Nichole.
Gordon Chibroski/Staff Photographer
Her face streaked with tears, she stared at him until her husband made her sit down.
Kyle Dube, 20, of Orono was formally charged Wednesday with murdering 15-year-old Nichole Cable of Glenburn, whose body was found Monday night.
Dube did not enter a plea and did not say a word. He made no eye contact with Wiley or the dozens of Cable's friends and family members who attended the proceeding before Justice William Anderson in Penobscot County Superior Court.
Dube's initial court appearance was moved to a larger courtroom to accommodate Cable's friends and family and about two dozen members of the media who were reporting on a case that has grabbed the state's attention.
The young girl disappeared on May 12, possibly lured from her home in a rural town by someone using a fake identity on Facebook.
"Clearly, electronic media was involved," Assistant Attorney General Andrew Benson said later, though he would not elaborate. He said police believe they have a solid case against Dube, and that Dube was the only one involved.
Dube -- who apparently knew Cable for a couple of months and may have had a brief relationship with her -- was arrested on the murder charge Tuesday while he was in the Penobscot County Jail on an unrelated charge.
Sheriff Glenn Ross said Dube had been on suicide watch at the jail since he turned himself in Friday to begin a 90-day sentence in connection with a high-speed chase last year. Dube was dropped off by family members, Ross said, and showed up crying.
After Cable's body was found Monday night, Dube was placed in protective custody, segregated from other inmates. He has remained segregated since he was charged with Cable's murder.
Deputy Attorney General William Stokes said police began questioning Dube about Cable's disappearance several days before he reported to jail.
At Wednesday's hearing, Benson asked that Dube be held without bail until trial. The judge ordered Dube held without bail pending a hearing, though no hearing was scheduled.
Dube's lawyer, Stephen Smith, asked that the police affidavit filed in support of Dube's arrest be impounded. He said its release would make it difficult to empanel a jury. He also said threats had been made against Dube online.
The affidavit shows why police believe Dube is the killer, and may answer questions about how, and possibly why, Cable was killed.
Justice Anderson ruled late Wednesday that the affidavit will remain sealed until a Penobscot County grand jury considers Dube's case and decides whether to indict him.
The state Constitution requires that the case against anyone charged with a felony be presented to a grand jury. Some states have done away with the grand jury process as redundant.
Grand juries in Penobscot County meet during the final week of each month, which is next week.
An attorney for the Portland Press Herald said he planned to file an objection Thursday to Anderson's decision to seal the affidavit.
Sigmund Schutz said many state and federal courts have ruled that citizens "have a First Amendment and common-law right to this type of affidavit." Only in truly extreme circumstances do most courts decide that information should be withheld, he said.
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Kyle Dube's attorney, Stephen Smith, talks to the media Wednesday, when Dube was arraigned in Penobscot County Superior Court.
Gordon Chibroski/Staff Photographer