Thursday, December 5, 2013
From staff reports
The Maine Attorney General's Office said Kyle Dube was indicted Wednesday on charges of murder and kidnapping in connection with the death of 15-year-old Nicole Cable.
This June 2012 photo provided by the Penobscot County Jail via Maine State Police shows Kyle Dube, of Orono, Maine. Dube, 20, was charged Tuesday, with murder in the death of Nichole Cable, who was last seen May 12, 2013. Police say a body found in the woods on Monday night is likely that of the high school student. (AP Photo/Penobscot County Jail via Maine State Police)
Dube, 20, apparently knew Cable for a couple of months and may have had a brief relationship with her. He was arrested on the murder charge May 21 while he was in the Penobscot County Jail on an unrelated charge.
Penobscot County Sheriff Glenn Ross said Dube had been on suicide watch at the jail since he turned himself in May 17 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 arrived in tears.
After Cable's body was found May 20, 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. Cable had been missing for a week when her body was found in a wooded area not far from her home in Glenburn.
Penobscot County Superior Court Justice William Anderson said he will rule by the end of the day Wednesday on whether to keep secret an affidavit that outlines police evidence against Dube.
Anderson heard arguments in favor of lifting the seal on the document from Sigmund Schutz, a lawyer representing the Portland Press Herald/Maine Sunday Telegram and The Associated Press, this morning. The two organizations had challenged the seal, saying it violates both the First Amendment and court rulings that have found that court proceedings and documents should be open to the public except in extraordinary circumstances.
Anderson last week agreed with the defense lawyer for Kyle Dube and sealed the affidavit until a Penobscot County grand jury decided whether to indict Dube.
On Friday, Steven Smith, Dube's attorney, filed a new motion seeking to keep not only the affidavit, but also search warrants in the case, sealed until a jury is selected. At today's hearing challenging the seal on the affidavit, Anderson indicated he will rule later on that motion.