Homicide

Man accused of luring teen via Facebook not a killer, lawyer says

Nichole Cable is seen in an undated photo provided by the Penobscot County Sheriff’s Department. (AP/Penobscot County Sheriff’s Dept.)

Nichole Cable is seen in an undated photo provided by the Penobscot County Sheriff’s Department. (AP/Penobscot County Sheriff’s Dept.)

A man accused of luring a 15-year-old girl to her death with a fake Facebook page was at home with his family the night of the killing, his attorneys said Monday, accusing the prosecution of making "big mistakes" in their case.

The trial of 21-year-old Kyle Dube got underway in Bangor with opening statements. He is charged with kidnapping and murder in the 2013 death of Nichole Cable, a high school sophomore from Glenburn whose body was found in woods in nearby Old Town after an eight-day search.

Police have said Dube told others that he'd intended to abduct Nichole and later come to her rescue. His plan was to kidnap her while wearing a ski mask, return later without the disguise, find her and be hailed as a hero, authorities have said.

But defense attorney Wendy Hatch said Monday that the state rushed to judge Dube, and she argued that someone else had committed the crimes.

"We are here to show you the state has holes in their case. They have mistakes, big mistakes," Hatch told the jury, adding that Dube "got up the next morning, got dressed, kissed his daughter goodbye and went to work."

Prosecutors said the evidence linking Dube to the crime is considerable -- the phony Facebook account was traced to his home, his DNA was found on a hat at the end of the driveway and cell tower records show that he was in the area of Cable's home.

Assistant Attorney General Donald Macomber said Dube's DNA was also found on Cable's fingernails, and he had scratches on his face after she disappeared. He also said Dube alluded to the crime while having an emotional outburst as officers tried to calm him down while he reported to jail for an unrelated traffic offense.

"Dube responded it was what he had done, that they didn't know he had done, that he was worried about," Macomber said.

Monday's statements marked the beginning of a trial that is expected to last two weeks and includes a witness list with more than 80 names. The case prompted discussions about the appropriate use of social media at the high school she attended in Old Town.

Dube, of Orono, appeared in court Monday with closely cropped hair and wearing a black suit. He showed little emotion at the trial got underway.

Police have said the fake Facebook profile was under the name of another young man who had no involvement in the abduction. The man is on the witness list for later in the trial.

Haleigh Robertson, a mutual friend of Cable's and Dube's, testified Monday that she lent Cable a pink sweatshirt that she never got back. Prosecutors said investigators found articles of Cable's clothing strewn on a road, including a pink sweatshirt.