BANGOR, Maine — A hearing on motions in the case of an Orono man accused of killing a teenage girl will be held Thursday at the Penobscot Judicial Center.
Kyle Dube, 21, has pleaded not guilty to one count each of kidnapping and murder in the death of 15-year-old Nichole Cable on May 12, 2013.
The defense team has filed a motion to move the trial to a different county because of pretrial publicity, including the appearance of the victim’s mother on the “Dr. Phil” TV show. Attorneys Stephen Smith of Augusta and Wendy Hatch of Bangor also have filed motions to suppress statements Dube allegedly made to Maine State Police detectives and the search of his cellphone.
Superior Court Justice Ann Murray is expected to take the motions under advisement following arguments that were set to begin at 8:30 a.m. Thursday. Murray took over the case last month. Superior Court Justice William Anderson previously was assigned to the case.
Motions for a change of venue rarely are granted unless a judge is unable to seat a jury once selection begins.
Jury selection is set for Feb. 11, with testimony scheduled to begin Feb. 23. The trial is expected to last two weeks.
Dube was indicted May 29, 2013, by the Penobscot County grand jury. He is accused of luring Cable out of her mother’s home in Glenburn earlier that month by using someone else’s identity on Facebook, then killing her in an abduction gone wrong. Dube allegedly planned to kidnap the girl, hide her, then find her and play the hero.
The teenager died of ” asphyxia due to compression of the neck,” according to Dr. Margaret Greenwald of the state medical examiner’s office.
Cable’s body was found late May 20, 2013, in a wooded area of Old Town after Dube’s girlfriend and brother told police where Dube said he had left her, according to court documents.
During their motion to move the trial, Smith and Hatch argued that the five-day search for Cable that began May 15, 2013, “used social media, posters and was the subject of countless news articles and television.” The defense team also argued the appearance of Cable’s mother, Kristine Wiley, and stepfather, Jason Wiley, both of Glenburn on the nationally syndicated “Dr. Phil” show in September 2013 received a great deal of local publicity.
The defense team also asked to suppress statements Dube allegedly made to police and his fellow inmates at the Penobscot County Jail, where he has been held without bail since his arrest on May 21, 2013. Smith and Hatch also have asked that all information obtained from Dube’s cellphone should be suppressed because it was obtained without a search warrant.
Assistant Attorney General Leane Zainea and Donald Macomber have opposed the motions to suppress and to move the trial.
If found guilty of murder, Dube would face between 25 years and life in prison on the murder charge alone. He faces up to 30 years in prison if convicted of the kidnapping charge.
If you or someone you know is experiencing domestic violence and would like to talk with an advocate, call 866-834-4357, TRS800-787-3224. This free, confidential service is available 24/7 and is accessible from anywhere in Maine.
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