s office wouldn't be allowed to prosecute this case. attorneys, nathaniel kibby entered belknap county superior court. kibby is accused of kidnapping a 14-year-old north conway girl in 2013, holding her for months and sexually assaulting her. up first a motion by the defense to get the a.g.'s office and associate attorney general jane young recused. the defense citing a separate case in which kibby is being charged with making threats against young. the defense claiming that taints young's participation. >> can you not be a lead prosecutor and a victim at the same time and keep those two interests separate. reporter: however, the a.g.'s office said they had nothing to do with bringing those charges and the burden lies with the defense and they failed to meet it. >> they produced no evidence that the a.g.'s office has any influence over the prosecution of that case. they chose not to do so, instead they just made baseless assertions. reporter: the judge agreed, saying one test is that if it appears that normal procedures were altered, and that did not appear to have happened. >> i don't

today nathaniel kibby appeared in court for a hearing that could determine the course of his trial, and the discussion today was disturbing. good evening, i'm jean mackin. josh: i'm josh mcelveen. kibby's defense team includes four attorneys who filed dozens of motions in the wake of the 250-count indictment against the gorman. jean: amy coveno is in laconia with the defense from those attorneys. reporter: good evening. the defense says emphatically their client is innocent. their first motion today was to try to get the lead prosecutor the this case thrown out the the wake of an alleged jail house threat made by nathaniel kibby to associate attorney general jane young. nathaniel kibby appeared relaxed and at ease when he walked into belknap superior court tuesday morning, a dress shirt, blue tie, khakis and leg shackles. the court was warned the testimony and evidence in this case will be ex-place and it graphic. kibby is accused of a pattern of sex assaults on a teen under the age of 16. today's motions revealed some of the evidence the state will present to include the victim's eyes

what lawyers for nathaniel kibby are asking a judge to do. kevin: a lot of sunshine and more wind will be the theme for today. sean: new details are emerging about the plane crash that killed a seacoast man and what happened as his plane went down. >> no one covers new hampshire erin: hi there and good morning. i' m erin fehlau. sean: i' m sean mcdonald. yesterday was a beautiful fall day. today, more of the same. kevin: it is a colder start. out there today. with a much lighter wind than anything we had out there yesterday afternoon. temperatures will only be in the 40' s to near 50 degrees in the that is pretty close to where we should be this time of the year. for now, it is in the upper teens up north, mid-20' s in southern areas, much more on your forecast. let' s take a look at your morning ride. we' re joined live by 95.7 wzid' s deb davidson. good morning. work taken place -- that was taking place during the overnight hours on the spaulding turnpike. 93 is moving well in both directions through the state with no major problems, as are

nathaniel kibby appeared at ease and in good spirits, dressed in a dress shirt, tie, and cabbing i pants. kibby was indicted on 205 charges in the alleged kidnapping and sexual assault of a 14-year-old north conway teen who was released in the same location where she vanished after 282 days. kibby has been in custody since his arrest in july 2014 and is accused of making a jail house threat against associate attorney general jane young. the incident prompting the defense to ask that young be recused from the case. >> you cannot be the lead prosecutor and a victim at the same time and keep those two interests separate. reporter: the motion was denied. the defense then argued to suppress a mountain of evidence obtained from nathaniel kibby's gorham trailer including sex toys, cd's and dvd's, some containing pornography. the defense argued that the state didn't have probable cause and was merely on a, quote, fishing expedition and cannot retroactively justify why the evidence was taken. >> they immediately were aware that they had some value because of the assaults the victim endured, altho

what lawyers for nathaniel kibby are asking a judge to do. kevin: a lot of sunshine, but a lighter wind will be the theme today ahead of our next system. sean: new details are emerging about the plane crash that killed a seacoast man and what happened as his plane went down. >> no one covers new hampshire like we do. erin: hi there. good morning. sean: good morning, everybody. m sean mcdonald. first, let' s talk weather. it turned out to be a nice day out there. kevin: today, we check it back a bit into the 40' s. it also comes with a light wind into the afternoon. we have the clear skies out there, but it is a cold start to the day. we are talking temperatures today making their way in a lot of areas from the 43-degree range in the north country to the 50' s in the southern area. we will have much more coming up in a bit. let' s take a look at your morning ride. we' re joined live by 95.7 wzid' s deb davidson. good morning. we are getting word of work spaulding turnpike. 93 is moving well in both directions through the state. no problems fro

is asking the judge to recuse associate attorney general young, lead counsel for prosecuting nathaniel kibby's case citing that she's a possible conflict of interest. the defense says kibby threatened young during a recorded phone call to another person while at the carroll county house of corrections. the state says the matter was referred to the cheshire county attorney's office and the attorney general had no involvement. it also argues, quote, the state is unaware of even a single case that supports the conclusion that a threat directed by a defendant to a prosecutor warrants a disqualification of that prosecutor from an unrelated criminal matter involving the same defendant. the defense is also asking for a private review of written evidence they say they haven't been allowed to see. the state has provided more than 32,000 pages to the defense, but hundreds of those pages were blacked out. the state says kibby was notified those pages were being with held because they contain information about a pending investigation independent from the kidnapping and assault case. in other motions, the

wanted jane young removed because client nathaniel kibby allegedly threatened her in phone calls after arrested last july. the judge ruled the threats had nothing to do with the kidnapping case. kibby accused of kidnapping the conway teen and holding her against her will for nine months. >> sara: student found dead at college this week. group of boy's friends found him he was missing thursday after dropped off at restaurant to me his mom but never showed up. officials will do an autopsy today to find cause of death and he is from massachusetts. >> gene: earthquake rattled part of the bay state. it was centered between assure burn and mill stone felt across of the weston observatory and happens once a year and there was no visible damage but people were on edge after they felt their houses shake. experts say it was likely heard a boom before they felt the shake and five earthquakes in northeast in the past week. four of them along the main canadian border. >> julie: we are tracking traffic and weather together every ten minutes and right now up to 35 minutes on the expressway from

nathaniel kibby will be in court for a hearing today. prosecutors say pornography gave him the idea to kidnap a girl from conway, new hampshire two years ago. his lawyer will argue it' s irrelevant and can' t be used against him. emily: right now state leaders are preparing to take a vote that will impact students across massachusetts. it' s been a huge debate in schools for the past year or more, should massachusetts replace the mcas with the new parcc test, which is aligned with federal common core standards. some schools already used the parcc last year and some reported problems and computer glitches with the test. will vote on a proposal to create a new hybrid test, combining elements of both. it would take effect in 2017. but there are still a lot of questions including what the new test would look like and how much it would cost. erika: a federal judge has ruled the boston police department discriminated against minorities while using a 2008 exam to select sergeants for promotions. the written portion of the exam was skewed in fav

and 16 motions filed in the kidnapping case against nathaniel kibby, some of the documents have been released. what they say about the disappearance of a conway josh: thousands of holiday stockings were stuffed for troops overseas today. jean: operation care for troops put together more than 2,000 stockings at the national armory. senator shaheen helped them out this afternoon. the stockings are full of snacks and letters from local companies and schools. these items will be shipped to troops in kuwait, afghanistan and coast guard units. >> i just think the outreach from the united states to the people that are really far from home, i just can't imagine being away from my family, and not having anybody there over the holidays. jean: operation care for troops does this about four times a year. josh: like the rest of the world, we are following the breaking news out of paris, dozens of people dead, dozens more being held hostage right now in a series of what appears to be coordinated terror attacks around the city. you're looking at live pictures of the french president addressing the

nathaniel kibby's lawyers wanted assistant attorney general jane young removed because their client nathaniel kibby allegedly threatened her in phone calls. a judge ruled that the threats had nothing to do with the kidnapping case. kiny is accused of kidnapping that conway teen and holding her against her will for nine months. >>> a 1.5 magnitude earthquake rattled parts of the bay state. centered between cherburn and millis and centered across the region. we spoke to experts who said this magnitude quake happens once a year in the greater boston area and happens dozens of times in southern new england. there was no visible damage, but people were on edge after they felt their houses shake. experts say it was likely people heard a boom before they felt a shake. >>> we heard this first, and then the rumbling and shaking of the house and we didn't know what happened. it was very scary. >> hear this loud explosion and then, you know, like five minutes later. and so -- just starts rumbling, and it felt like the whole house was shaking, you know i thought there was a huge explosion. >> gene: there

erin: a judge has denied a request for loyal' s from nathaniel kibby to recuse the lead prosecutor jane young from that case. kibby is accused of holding a 14-year-old teenager for months in 2013 and he is accused of making a threat against the prosecutor. the judge has not said when he will rule on a dozen other motions. a woman accused of stabbing someone several times in manchester last year and going on the run is finally -- has finally been caught. u.s. marshals arrested 19-year-old leela cable at a bus station in fort lauderdale, florida. she stab someone with a piece of glass in the queen city last year and then failed to show up in court. she is being held without bail. sean: still to come, the race for the white house is shrinking. bobby jindal' s campaign is over. erin: a local elementary school student is making a big difference in her community. the number of families she is helping. sean: there are new clues in a cold case out of allenstown. investigators have a better i owe about $68,000. i owe $44,000 in student loans. my plan, the new college compact, says you should not

nathaniel kibby is expected to be in court today for the first of three days of hearings on team. he is accused of kidnapping a girl -- a 14-year-old girl in conway back in 2013 and holding her for months. year. day. kevin: through the afternoon, with sunshine and light winds, afternoon for most. an area of high pressure remains in control. temperatures tonight falling to the levels we had this morning. tomorrow, a few high clouds out of the system. temperatures in the 20' s. 40' s to maybe even your 50' s -- near 50' s in a couple interior areas in southern new hampshire. tonight, we dive back into the 20' s only to have the fair skies around tomorrow. it is the next system we will see closer on thursday. could be over an inch of rain in a few spots before clearing out for the weekend. erin: [sfx:] all candidates' voices talking over one another my dad carried mail on his back. they called him "john the mailman" and they loved him because he looked out for everyone in those neighborhoods. i learned something from my do your best to look out for other people. we turned ohio around

. >> christa: the trial of nathaniel kibby, he is accused of kidnapping and raping a new hampshire teenager for several months back in 2014. a judge has denied the request to remove the prosecuteor in the case. kibby's attorneys wanted the prosecutor removed because kibby is also accused of threatening her. however, prosecutors said it had nothing to do with the case and the judge agreed with that. kibby's attorneys also asked the judge to throw out more than 50 pieces of evidence, including jail phone conversations and a laptop, and guns allegedly taken from his home. a decision on that evidence will be made during a later court date. >> jadiann: disturbing developments in an unsolved murder case in new hampshire police released new images of four people found in metal drums. at a new hampshire state park investigators say they have determined when the victims were killed. they have also discovered that three of the victims are police hoping the new information will generate new leads in the case. >> these four people would have been together in the last two weeks to approximately three mo

nathaniel kibby's lawyers wanted senior assistant attorney general jane young because their threatened her in phone calls after he was arrested last autoul -- july. hekibby is accused of kidnapping and keeping the woman for months. >> julie: college junior went missing on thursday after dropped off at restaurant to meet his mom but never showed up and autopsy will be done to find the cause of death. he is from massachusetts. >> daniel: 1.5 earthquake was registered and felt across the region and spoke with experts at the observatory and greater boston area and happens dozens of times in southern new england there was no visible damage but people were on edge as you can imagine as you felt the houses shake. experts say it was likely people heard a boom before they actually felt the shake. >> heard explosion first and rumbling and shaking of the house but didn't know what happened. it was scary. >> loud explosion and five minutes later so just starts house was shaking. you know, i thought there was a huge explosion. >> daniel: five earthquakes in the northeast part of the northeast this

erin: a judge has denied a request from lawyers for nathaniel kibby to recuse lead prosecutor jane young from the case. kibby is accused of kidnapping a teenager from north conway two years ago and holding her captive for eight months. kibby is also accused of making a threat against young from jail. the defense then argued to kibby' s gorham trailer, saying the state did not have probable cause to take it. the judge has not said when he will rule on more than a dozen other motions. a woman accused of stabbing someone several times in manchester last year, but then going on the run, has finally been caught. u.s. marshals arrested 19-year-old leela cable yesterday at a bus station in fort lauderdale, florida. police say she stabbed someone with a piece of glass in the queen city in june of last year, but then failed to show up for court to face a charge of first degree assault. she is now being held without bail. sean: still to come on news9 daybreak, the race for the white bobby jindal' s campaign is over. erin: a local elementary school student is making a big difference in her communit

. >>> new details in the trial of nathaniel kibby aconstitutioned of kidnapping and raping a teen. a judge has now denied the request to remove the prosecutor in the case. his attorneys want the prosecutor jane young removed because kibby also accused of threatening her. it had nothing to do with the case and the judge agreed. now his lawyer also asked the judge to throw out more than 50 pieces of evidence including jail phone conversations as well as a laptop, mask and guns taken from his home. a decision on the evidence will be made during a later court date. >>> we're also learning new information about an unsolved murder case up in new hampshire that dates back decades. police are releasing new images of four people found in medal drums in a new hampshire state park in the 1980's. investigators say they determined when the victim was killed. they've also discovered that three of the victim are directly related. they are hoping the new information will generate new leads in the case. >>> these four people would have been together in the last two weeks to approximately three mont

nathaniel kibby will be in court for a hearing today. prosecutors say pornography gave him the idea to kidnap a girl from conway, new hampshire, two years ago. his lawyers will argue it's irrelevant and can't be used against him. emily: right now, police are still on the hunt for the thieves who carried out a well-orchestrated break-in at an army reserve facility. the worcester city manager says investigators are searching for one unidentified man. we've learned thieves got away with six m-4 assault rifles and ten handguns from the lincoln stoddard army reserve center. federal investigators say the break-in does not appear to be tied to terrorism, but state and local officials call it a cause for serious concern. >> we're not sure if it's local or if it's something bigger than that. breaking in to the armory was a difficult time particularly in light of what happened in paris. emily: a military official tells "5 investigates" a burglary of this kind is a first for the army's 5,000 stand-alone armories. randy: new this morning, a federal

north for nathaniel kibby filed motions to suppress evidence. he kept his teenaged victim locked away for nine months before she escaped in ju b of last year. his trial is scheduled to start in march. >>> and happening today, federal and new hampshire xpethorities are releasing new information and images in a 30-year-old murder investigation. they are helping updates to these picture also help them identify a woman and three little girls found dead in the allentown woods. fox25 reported that the national center for missing and exploded children is creating the new pictures. that is the same group who did the rendering of t dn doe. the images will be released we will have them at myfoxbostotodacom. >>> we chec 1traffic and weather for you every ten minutes. a 34-minute drive time on 39 south from 495 in andover down to the zakim bridge. >>> shiri? >> shiri: clear skies rig 1t now and comes with pretty cool temperatures. i want to you get ready for the 20s this morning. about ed f on average. 27 at 7 a.m. by 8 a.m., 31 degrees by 8 a.m., 3 wan deg

the judge is hearing motions from attorneys for nathaniel kibby. prosecutors say kibby kept his teenage victim locked away for nine months before she finally escaped in july of last year. his trial is scheduled to start in march. lawyers for aaron hernandez also due back in court in boston tomorrow for hearings. the former patriot is not expected to be there. hernandez is already serving a life sentence for the murder of odin lloyd in attleboro. wednesday's hearings are connected to the double murder charges facing hernandez for the 2012 shooting of danielle abreu and safiro furtado outside a night club in boston's south >> mark: students will have to take a new standardized test, a hybrid of the current test and the park assessment. crystal haynes has been following the story and was >> the reporter: the new statewide assessment is a combination of the current mcas test and the controversial park testing. now, the break down of how that's going to work is still being hashed out and that has many on the school board concerned. mcas 2.0, is it comin

lawyers for nathaniel kibby limit testimony in upcoming trial. he faces 206 criminal tasks locking the girl away for nine months. >> sara: revere police say happened sunday night sunday night during a possible case of road rage. this was our top story yesterday morning. 19-year-old victim was from rockport, he is in stable condition after being hit in the neck and police looking for a pair of suspects in the case. no word on any leads at this point. >> gene: jake nod is junior at plymouth state university. he was last seen when he was dropped off at a restaurant late thursday afternoon. his mother lives in holden and health issues. >> sara: boston based fantasy sports site loses the first round in battle with new york state. draftkingss had asked for restraining order against the attorney general of new york. last week the ag said that fantasy sites violate the state's gambling laws. new york has asked draftkings and rival fanduel to stop accepting money from empire state residents. draftkings tells fox 23 that a judge has granted an emergency in