BANGOR – A Penobscot County Superior Court judge said he will rule by the end of the day Wednesday on whether to keep secret an affidavit that outlines police evidence against the man accused of murdering 15-year-old Nichole Cable.

Justice William Anderson heard arguments in favor of lifting the seal on the document from Sigmund Schutz, a lawyer representing the Portland Press Herald/Maine Sunday Telegram and The Associated Press, this morning. Anderson last week agreed with the defense lawyer for Kyle Dube and sealed the affidavit until a Penobscot County grand jury decides whether to indict Dube.

The Portland Press Press Herald/Maine Sunday Telegram and AP challenged the seal, saying it violates both the First Amendment and court rulings that have found that court proceedings and documents should be open to the public except in extraordinary circumstances.

The 20-year-old Dube is accused murdering Cable, who was missing for a week before her body was found in a wooded area not far from her home in Glenburn earlier this month. A grand jury is meeting this week and is expected to decide whether Dube should be indicted. In the meantime, he is being held at the county jail, serving a sentence for an unrelated case.

On Friday, Steven Smith, Dube’s attorney, filed a new motion seeking to keep not only the affidavit, but also search warrants in the case sealed until a jury is selected. At today’s hearing challenging the seal on the affidavit, Anderson indicated he will rule later on that motion.


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.

filed under: