BANGOR, Maine — The defense team for a man accused of using Facebook to lure 15-year-old Nichole Cable to her death nearly two years ago wants to name the defendant’s then-girlfriend as an alternative suspect at his trial later this month, according to a court document.
Kyle Dube, 21, has pleaded not guilty to one count each of kidnapping and murder in the May 12, 2013, death of the Old Town High School student. Dube created a phony page on the online social network using the identity of another man, Bryan Butterfield, to convince Cable to leave her Glenburn home and meet him, according to the prosecution.
Superior Court Justice Ann Murray is not expected to make a decision on whether the defense’s naming another suspect is admissible until after jury selection is completed. The selection process began Friday and continued Wednesday.
Dube’s trial is set to begin Feb. 23. It is scheduled to last two weeks.
His attorneys, Stephen Smith of Augusta and Wendy Hatch of Bangor, are seeking to identify Dube’s then-girlfriend to the jury as the person who wanted Cable dead, not their client. The Bangor Daily News is not naming the young woman because she has not been charged with a crime in connection with Cable’s death and has not testified in court.
She is listed as a possible witness on the state’s witness list.
Assistant Attorney General Leane Zainea declined Wednesday to comment on the issue of an alternative suspect. It is the practice of the Maine attorney general’s office, charged with prosecuting homicides in Maine, not to comment on pending cases.
Information about the defense strategy was revealed in an objection filed Feb. 6 to the prosecution’s motion to exclude evidence of alternative suspects at Dube’s trial.
The woman dated Butterfield before she began a relationship with Dube, Smith said in the six-page objection. She was “in a better position to know all of Mr. Butterfield’s information, as they had dated for a considerable period of time.”
The attorney did not say how long the woman and Butterfield were a couple before she began seeing Dube.
The document also quoted text messages between the woman and Dube between May 14, 2013, the day Cable was reported missing, and May 20, 2013, the day her remains were found.
“Why do you care if she’s missing?” the woman texted Dube on May 14, 2013, the document said. “It was cause of her own stupidity. It’s her fault she put herself in a position to be kidnapped. You don’t know the whole story. She was messaging that Brian Butterfield b and asking him for cigarettes and gave him her address even though the pic on the fp was of somebody was of somebody with a surfboard and blonde hair. IT’S HER FAULT FOR BEING STUPID SO I’M LOLING.’”
The woman also texted Dube: “yes I hate her exteemley but is he worth kidnapping LOL no. I don’t know what happened to her and I don’t care.”
Smith argued in his response that “there is ample evidence to suggest that [the woman] is a viable alternative suspect, and the defense intends to vigorously urge this result to the jury.”
The attorney also said that the woman had access to things Dube is accused of using to kidnap and kill Cable — the truck, the duct tape, the cellphone, the home computer and the clothing.
“[The woman] had a stated hatred of the deceased and publicly wished her dead,” he wrote. “[The woman] knew Mr. Butterfield and told the police she was angry at Mr. Dube for cheating on her with Ms. Cable.”
The woman was interviewed by Bangor police detectives on May 15 and 16, 2013, about Cable’s disappearance, the document said. Police advised her not to return to Dube’s home but she did.
She did not reveal the information “that would ultimately lead to the arrest of Mr. Dube” until May 17, 2013, the document stated.
There are about 100 people in the jury pool, according to the court clerk’s office. A total of 56 potential jurors were interviewed Wednesday — 29 in the morning and 27 in the afternoon. Of those, 21 were dismissed from the Dube jury pool for reasons that were not made public. They were told to check with the court March 5 to see if they are needed for juries that month.
The remaining 36 were told to call the toll-free number set up for jurors after 6:30 p.m. Wednesday to see when they should return for final jury selection. Another 25 to 30 jurors are expected to be interviewed Thursday morning. A pool of at least 38 is needed to select the 12 jurors and alternates who will hear evidence in the case.
The judge said she expected selection to be complete by about 2 p.m. Thursday, but it may be Friday.
Murray set up individual questioning of jurors differently than judges have previously in high-profile cases at the Bangor courthouse. She, the court reporter and attorneys used a portable table set up at the front of the largest courtroom on the second floor.
They whispered questions to potential jurors and spoke in such low tones that the court reporter sometimes had to ask them to repeat their questions because she did not hear them. Members of the media sitting in the public area of the courtroom 20 feet away were unable to hear questions asked of potential jurors or their answers.
The U.S. Supreme Court ruled in January 2010 that individual questioning of jurors must be open to the public. It did not specifically say that the public had to be able to hear what was being said.
Efforts by reporters to speak with Murray to protest the way in which she had set up the voir dire process were unsuccessful.
Attorneys for both sides declined Wednesday to comment on discussions with Murray about the way jury selection would be conducted.
Last week, it was revealed in court that Dube had been offered but declined a plea agreement. The details of that agreement were not discussed.
Attorneys on both sides refused to comment on the matter.
Plea negotiations are common. Due to a recent U.S. Supreme Court decision, a judge must ask a defendant if he or she was offered a deal before going to trial.
Also last week, Murray denied the defense team’s motions to suppress statements Dube made to investigators on May 16, 2013, and to Penobscot County Jail personnel when he self-reported to begin serving a sentence on a driving conviction. Murray said neither the police nor jail personnel violated Dube’s rights.
If Dube is convicted of murder, he faces between 25 years and life in prison. He is being held without bail.
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.