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Man Accused in Nichole Cable's Murder Makes Court Appearance
05/22/2013   Reported By: Jay Field

Family and friends of 15-year-old Nichole Cable filled a courtroom in Bangor this morning for the initial appearence of the Orono man charged with her murder. Twenty-year-old Kyle Dube, who faces one count of knowing and intentional murder in the Glenburn teenager's death, did not enter a plea because a grand jury hasn't indicted him yet. A superior court judge ordered Dube held without bail, pending a hearing, and at the request of defense lawyers, temporarily impounded the police affidavit used to arrest him. Jay Field reports.

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A delay of nearly a hour added to the pre-hearing tension at the Penobscot Judicial Center. TV, radio and print journalists, lawyers, law enforcemet officers and Nichole Cable's friends and loved ones waited, shoulder to shoulder, in the hallway outside the second floor courtroom.

The hearing itself lasted just a few minutes. A sheriff's deputy walked Kyle Dube, in jeans and a t-shirt, to the defense table, as Superior Court Justice William Anderson took the bench.

"Yes," Dube answered, when asked if he understood the charge against him. Judge Anderson said the evidence in the affidavit suggested there was probable cause to charge the suspect with murder. Assistant Attorney General Andrew Benson agees. He's the lead prosecutor on the case.

"I expect that the case will be presented to the next Penobscot County Grand Jury, and I suspect that they'll return an indictment and we'll be back, shortly after the grand jury, to do an official arraignment on the record," Benson says.

Dube, Kyle.jpgIt's unclear, though, exactly when the public will get a more in-depth look at the evidence the state is using to charge Kyle Dube (right). In court, Dube's defense team asked the court to temporarily impound the affidavit used to arrest their client. Judge Anderson agreed, saying he would rule by the end of the day whether to keep the document under seal past Wednesday.

Stephen Smith, Dube's lead attorney, met with the media after the hearing. "He is innocent until proven guilty. There have been a number of threats made against him. We're concerned about that," Smith says.

But Smith says his client's safety isn't the only reason he wants the charging affidavit sealed. "We are also concerned about the selection process for the jury, as well as some of the pre-trial proceedings that might come from here forward."

Judge Anderson ordered Dube held without bail, pending a hearing. And the prosecution says it will push to make sure the suspect remains behind bars.

Authorities say Nichole Cable died May 12, the same day she disappeared in Glenburn. Her body was found in a wooded area in Old Town on Monday night. The Medical Examiner's Office has completed an autopsy on Cable. But the results won't be released until after the office gets the results of additional tests.

Around 40 family members, friends and fellow students of Cable's attend the hearing.

"She was, like, one of my best friends. And for this to happen really, like, I don't even know what to say - I'm just overwhelmed. And I didn't think that he would do something like this," says a tearful Ashley Pattershall.

Pattershall, a sophmore at Old Town High, has been friends with Nichole Cable since the two were little. She says Cable and Dube met only recently. "They had known each other for a few months, or something like that, and they had just been friends," she says.

During the search for Cable, her family had suggested she'd been abducted after corresonding with someone on a fake Facebook page. Dube subsequently posted Cable's "missing" flyer on his page.

Benson, the state proecutor, says the affidavit may answer some of the questions about what role social media may have played in the killing. "You know, I don't want to comment on the facts of the case, except to suggest that, clearly, electronic media were involved, and we believe that Mr. Dube was the only one who was involved in the case," Benson says.

Dube is currently being held at the Penobscot County Jail, where he's serving a sentence on an unrelated conviction. the Penobscot County Grand Jury is scheduled to meet again on May 29.

Photos:  Courtesy of the Penobscot County Sheriff's Department.


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