Media, defense clash over sealed affidavit

1:43 PM, May 29, 2013   |    comments
Kyle Dube, accused of killing Nichole Cable, appears for his arraignment midday Wednesday, May 22, 2013.
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BANGOR, Maine (AP) - A judge says he will rule by day's end whether a police affidavit in the death of a 15-year-old girl should remain sealed or be open to the public.

The attorney for 20-year-old Kyle Dube of Orono and lawyers for two news organizations clashed Wednesday in a Bangor courtroom over the news organizations' motion to unseal the affidavit explaining why Dube was charged in Nichole Cable's death.

Justice William Anderson impounded the affidavit last week after Dube's lawyer cited Dube's right to a fair trial and other concerns.

The Associated Press and the Portland Press Herald contend probable cause affidavits may be sealed only under rare circumstances that don't apply in this case.

The defense on Wednesday further asked that search warrant documents be sealed until Dube's trial.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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