2010.12.03 Agreement: No Death Penalty, Life In Prison For Elisa Baker

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simlyme said:
The prosthetic was found by investigators on the 26th

http://www.wsoctv.com/zahra-baker/25564797/detail.html

The prosthetic was found off Christie Road in Caldwell County late Tuesday afternoon, Hickory Police Chief Tom Adkins said. Police are still working to positively confirm that it is Zahra’s prosthetic through a serial number.
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The "ITEM" from Dubbs was brought in around the 23rd

http://www2.hickoryrecord.com/news/...-filing-baker-shows-her-help-case-ar-540284/#

The beginning part of the motion also states that on Oct. 22, Elisa talked to her attorneys and investigator, about the circumstances about the disappearance and/or death of Zahra.

During the late evening and early morning hours of Oct. 22 and Oct. 23, "the defense team verified that certain information provided by Ms. Baker was reliable. As part of that verification, the defense team located and collected a significant item of evidence."

The following day, on Oct. 24, law enforcement was told that Zahra was dead, and "her body had been dismembered and that it would be recovered at different sites. The piece of evidence collected by the defense was turned over to law enforcement."
------------------------------------------------------------------------So, the prosthetic is NOT the "item" Dubbs brought in to LE whatever the item is, it definitely started the ball rolling for EB to be taken out on the body parts and prosthesis hunt.
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BBM

Media reported the Christie Rd. find as the prosthetic leg, but we now know, from article e of the motion to reduce bond, that this was actually the gel liner part of the prosthetic leg.

http://images.bimedia.net/documents/111510+elisa+baker+bond+redux.pdf

ETA: What I find confusing about this particular part of the motion to reduce bond, is that it states that EB lead LE to 3 sites where the remains of Zahra could be found. I know Christie Rd. and Dudley Shoals, but I sure don't recall any other site where remains were located. I know she lead them to a dumpster where the car cover and comforter had been disposed, but those things, even if they were retrieved from this location, doesn't equal "remains", it's just evidence.
 
I am not a supporter of Plea Deals, however, if the outcome reveals where LE can find the body, I am all for it. I would rather that Zahra be found then out there somewhere and NEVER be found. The nation was screaming for Elisa and/or Adam to cooperate and tell LE where to find Zahra and based on the various locations of where Zahra was located, I am a peace with the Plea Deal. Justice will eventually be served for Zahra.
 
Patty G said:
I am not a supporter of Plea Deals, however, if the outcome reveals where LE can find the body, I am all for it. I would rather that Zahra be found then out there somewhere and NEVER be found. The nation was screaming for Elisa and/or Adam to cooperate and tell LE where to find Zahra and based on the various locations of where Zahra was located, I am a peace with the Plea Deal. Justice will eventually be served for Zahra.
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ITA with you, Patty. I'm not sure what kind of case LE/DA would have had without the evidence EB coughed up. If the DA had to make a deal to get all that, I'm okay with it. EB isn't going to get out of prison until she's a very old woman despite this deal, and she's 42 now, so add 35 years to that, and she could very well die in prison.

JMO
 
Clue Hopper said:
If I'm understanding correctly in some circumstances a prosecutor will offer this agreement to someone they believe is an accessory.
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I have to agree with this. I also think that if EB cooperated under this agreement with the presumption that she was an accessory and not the main player. If evidence determines that EB was the main player, this agreement could have grounds to become null and void.

We know that EB was stating that Zarha was ill and that is what caused her death. Depending on the circumstances, failure to get Zarha medical care could result in a 2nd degree murder charge (where there is no premeditation but a total lack of regard for human life). Even if the rape theory was put into play here, it would still amount to 2nd degree murder charges being placed on EB.

If it is true they are trying to have the agreement nullified, I would bet that the agreement was made on the presumption that EB was leading them to believe she was an accessory and not the main player. If it comes to light that EB misled them and was in fact the main player...the contract can become null and void because one of the parties involved was not showing "good faith" at the time the agreement was made.

So we understand it a little better, North Carolina law states that an accessory to murder is prosecuted and punished the same as 1st degree murder...the DP would be on the table for an accessory to murder.
 
Patty G said:
I am not a supporter of Plea Deals, however, if the outcome reveals where LE can find the body, I am all for it. I would rather that Zahra be found then out there somewhere and NEVER be found. The nation was screaming for Elisa and/or Adam to cooperate and tell LE where to find Zahra and based on the various locations of where Zahra was located, I am a peace with the Plea Deal. Justice will eventually be served for Zahra.
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The nation was sreaming for justice and still is, if EB walks out one day, then there was no justice at all for Zahra. Just because EB lead them to Z's parts does not make the crime less, it is what it is, Z was raped, murdered & dismembered, Z may have been alive while she was being dismembered for all we know. The DA. and police knew Z was dead, that we know for sure, the DA could have went for the DP and won even if Z had not been found. Finding Zahra does not bring her back to life, nor does it put her back together. Z is gone because a killer & rapist decided to do beond evil things to that poor child. All of Z's parts will never be found because they a strown all over from the woods to the drains, nothing on earth can make her whole again on earth even for a funeral, But we can all rest knowing that soul is in heaven and most likely she would not come back even if she had the chance.Z death could be the way for other children like her can live, We can't ever put her back, but we can demand for our justice system to start working the way the laws are suppose to work.We can scream all we want but until society starts demanding justice more children are going to die, and Z death would have meant nothing.
"NO DEALS"
 
bellyup said:
teh ... I actually considered this for a brief, tiny moment.
Then I reminded myself that history repeats itself.
EB has a history of abuse toward children.
AB does not from all accounts that I've heard /seen.
That speaks HUGE volumes.

Also, AY (in the questions thread) stated that EB was violent and abusive toward him. Patterns like that don't change easily.
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BBM

Does she? According to AY all the kids loved EB, that Zahra was the ONLY child she had ever had a problem with, of course he talks about staying to take care of her kids but what do we really know about her past and kids?
 
After reading this yesterday, I had to go on a self-imposed timeout until such time I felt I could post without receiving a TO. I have followed true crime cases since I was a child. Growing up I wanted to be a forensic pathologist. I have attended an autopsy. I have dealt with a family member's murder (and the clean-up afterwards.) I have also, unfortunately, had to deal with a family member who died four days before being discovered. I have never vomitted from anything I've ever seen or heard...until now.

However, during my cooling off period, I remembered that Dubs had filed a motion on November 30th to compel the DA to turn over the videotaped interview of EB's from November 19th.

My best guess (and desperate hope and :praying:), at this time, is that something in that videotaped interview proves that EB violated any agreement she had with the DA.

All :cow:
 
FaerieB said:
After reading this yesterday, I had to go on a self-imposed timeout until such time I felt I could post without receiving a TO. I have followed true crime cases since I was a child. Growing up I wanted to be a forensic pathologist. I have attended an autopsy. I have dealt with a family member's murder (and the clean-up afterwards.) I have also, unfortunately, had to deal with a family member who died four days before being discovered. I have never vomitted from anything I've ever seen or heard...until now.

However, during my cooling off period, I remembered that Dubs had filed a motion on November 30th to compel the DA to turn over the videotaped interview of EB's from November 19th.

My best guess (and desperate hope and :praying:), at this time, is that something in that videotaped interview proves that EB violated any agreement she had with the DA.

All :cow:
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I'm so sorry what you have had to deal with. I understand a bit about when it's happening to you that you have no time to think about whats going on.It's a defence mechanism. This case has made me so sick.Hugs to you.
 
Just a random thought this morning ....

LE needed information to find Zahra and more evidence, right ?
I'm CERTAIN they told AB that he had the opportunity to make a deal like this if he just gave up some information, wouldn't they ? We know Dubbs told EB this, but would someone have told AB ?

If he was sitting in that chair thinking "I dismembered her, and EB knows I did it." Wouldn't his next thought have been "Elisa's going to tell if they offer her the opportunity to turn on me and get herself out of trouble."

At that point in the game AB was unrepresented but somewhere in his head he HAD to known that if confronted with a deal that EB was going to squeal and take it. If he knew anything .... the time to start talking was RIGHT THAT MINUTE. I wonder if he secured a deal as well ? OR if he had nothing to "give" LE ...... and a such was a sitting duck with a big train headed right at him.

Also, I'm not clear on legalities at all, but could AB NOT being represented (and being from another country with limited knowledge of our law) come into play as part of any future defense? It seems so skewed to me that EB was sitting with a high profile and VERY competent attorney while AB was sitting with .... his mama.
Even now, EB still has Dubbs and AB has .... ? ? ? No representation?
Someone needs to let him know his rights don't they?
 
Adam still has a lawyer...........


raisincharlie said:
Killian is doing the same thing - he says is still representing AB - let me see if I can get the article for you on that - came out today. Will add it here.

Here is the link to Killian continuing to rep AB:

http://charlotte.news14.com/content...neys-stick-with-bakers-after-nc-pulls-payment

Attorney Mark Killian told The Associated Press on Friday that he'll continue to provide Adam Baker counsel when it comes to legal issues surrounding daughter Zahra's death. Killian also has represented Baker on unrelated charges.

Killian says it doesn't matter if he is not paid.
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Iirc, after the search of the house, Adam went back into the house with his lawyer. So AB has counsel and has had for awhile now.
 
vjlaw said:
Iirc, after the search of the house, Adam went back into the house with his lawyer. So AB has counsel and has had for awhile now.
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And IIRC, there is a link somewhere with LE saying he is not talking since he got the attorney.
 
Thanks Westside! I guess what I'm wondering at this point is does anyone think this turning each other in to the children's services was kind of a tit for tat thing with these guys. Kinda like "well you turned me in so I'll get you back"?
 
I really can't say that I'm surprised that EB is not going to get the DP or life. Whenever I read about parents (or stepparents) who killed their kid(s), they seem to never get the DP or life. It seems that the rule of this country is, "Murder a stranger's kid. Death penalty. Murder your own kid. 20 years," Has anyone else noticed the same? I think it's because it's a lot harder to prove that a parent planned to murder their child while you can prove that a lot more easily when it involves a stranger.
 
And another thing, in the article Westside linked...it says they are being investigated for "kidnapping'.

Phone records for Adam and Elisa were requested, from Sept. 18 through Oct. 11, because, according to the search warrants, investigators believed both may have participated in kidnapping.

Now unless Adam had Zahra when he was not supposed to...why Kidnapping? Zahra lived with them. Strange I think. I can't think of another case where the parent was investigated for kidnapping when the child lived with them.....anyone got an easy answer for that? I guess maybe LE was just going with the story at the time? IDK.
 
tehcloser said:
Thanks Westside! I guess what I'm wondering at this point is does anyone think this turning each other in to the children's services was kind of a tit for tat thing with these guys. Kinda like "well you turned me in so I'll get you back"?
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ITA with this and have thought so from the first I heard about BB and the getting ran off the road. I can see her thinking I will turn you in for this what are ya gonna do tell them it was cause I owed you drug money! JMO
 
tehcloser said:
And another thing, in the article Westside linked...it says they are being investigated for "kidnapping'.

Phone records for Adam and Elisa were requested, from Sept. 18 through Oct. 11, because, according to the search warrants, investigators believed both may have participated in kidnapping.

Now unless Adam had Zahra when he was not supposed to...why Kidnapping? Zahra lived with them. Strange I think. I can't think of another case where the parent was investigated for kidnapping when the child lived with them.....anyone got an easy answer for that? I guess maybe LE was just going with the story at the time? IDK.
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When I read that my mind went to they took her from OZ illegally????JMO
 
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