BANGOR, Maine — Attorneys for the man accused of using Facebook to lure 15-year-old Nichole Cable to her death nearly two years ago will not be allowed to name his girlfriend at the time as an alternative suspect at his trial, a judge has ruled.
Superior Court Justice Ann Murray, who will preside over Kyle Dube’s murder trial, granted the prosecution’s motion on Friday to exclude evidence of an alternative suspect.
Murray also made two other rulings about evidence, some that will not be included and some that will be allowed, including a 17-page statement “purportedly authored by the defendant.”
Dube, 21, of Orono 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.
Attorney Stephen Smith of Augusta, who is representing Dube, told the judge last week that his client’s then girlfriend had the motive, the means and the opportunity to set up the fake Facebook page in the name of her former boyfriend and to kill Cable.
When granting the state’s motion to exclude the possibility of an alternative suspect, Murray said, “The defendant’s proffer in this case involved only speculation and conjecture, and therefore, evidence of the alternative suspect is not admissible.”
Murray also ruled that an alleged statement by Dube provided by a fellow inmate at the Maine State Prison will be admissible.
The defense team tried unsuccessfully to stop prosecutors from using a statement that Dube reportedly made to another inmate, claiming that the inmate was part of the “counsel sub program” at the prison and therefore protected by attorney-client privilege. A “counsel substitute” is defined as a Department of Corrections staff member or prisoner approved by the chief administrative officer who voluntarily assists prisoners with preparing or presenting a defense.
“The court is not satisfied that the ‘hand lettered document purportedly from the defendant which was obtained by fellow inmate Scott Ford,’ which the court understands to be State’s Exhibit No. 1, is protected by the attorney-client privilege,” Murray wrote in her ruling.
The court ruling does not state what Dube reportedly said in the 17-page document.
Murray also granted a defense motion to exclude portions of the statements Dube made to investigators.
“The court finds that some of the repetition of the detectives’ view of the evidence and opinion that the defendant was not telling the truth and his denials have little probative value and are unduly prejudicial,” Murray said in her ruling.
By excluding only partial sections from seven pages of the 173-page interview, Murray granted the defense motion in part, while denying others, her ruling states.
Smith, who is one of two attorneys representing Dube, declined Friday to comment on the judge’s decision. He also refused to outline his defense strategy without an alternative suspect.
It is the practice of the Maine attorney general’s office, which is prosecuting the case, not to comment before trial.
The trial is set to begin Monday before a jury of nine men and seven women, including four alternates, and last about two weeks.
When Smith went before Murray at a hearing held Feb. 13 about the alternative suspect defense, he said Dube’s then girlfriend “ hated Cable and wanted her dead.”
“She had the opportunity and access to the defendant’s phones, computers and clothing,” Smith told the judge.
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. The girl is listed as a witness for the prosecution.
Dube was questioned at least twice by investigators but never confessed to killing Cable, according to court documents. He allegedly told his then 16-year-old girlfriend and his brother that he had slain Cable and dumped her body in Old Town.
Just before jury selection began, it was revealed in court that Dube had been offered but declined a plea agreement. The details of that agreement were not discussed.
Plea negotiations are common. Because of 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.
If Dube is convicted of murder, he faces between 25 years and life in prison. He is being held without bail.
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