OSSIPEE, N.H. (CBS) – An emergency motion in the Nathaniel Kibby case in New Hampshire sent prosecutors and defense attorneys to court Wednesday.

At issue: Nathaniel Kibby’s mobile home and the shipping container on his property.

Prosecutors want both structures moved, but Kibby’s defense attorneys say they need to stay put so the alleged crime scene can be studied by the defense team. They say the scene cannot be re-created anywhere else.

“The state is waving this around like it’s a tangible good, they can pick up and whisk away, this is this man’s home,” said Jesse Friedman, one of Kibby’s attorneys.

Kibby is accused of kidnapping New Hampshire teenager Abby Hernandez and holding her against her will, presumably on his Gorham, N.H., property.

But prosecutors say it would be too costly to keep the mobile home and shipping container in place because it would require fencing and guards to keep away gawkers and criminals.

“And the basis for the removal was to ensure they were not stolen, damaged or tampered with,” said Jane Young, Associate New Hampshire Attorney General.

Young said the structures would be taken to a secure location.

Kibby vigorously shook his head when the judge asked if the mobile home would survive being hauled away.

The judge did not make a decision, so the mobile home and shipping container will stay put for now.

Kibby is due in court next week for a probable cause hearing in the case.



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