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

[wenwe4]

You are correct for accessory after the fact. However, accessory before the fact is punished the same as the primary.

Thank you both for this valuable information!

 

[tlcya]

I appreciate AY's putting himself out there but agree, I am taking everything from everybody with a liberal serving of salt at this point. I am trying very hard to await more info before I make a judgment of what anything means or doesn't mean at this point.

ETA As far as the alleged agreement, said it before and will say it again, IF such an agreement exists I must assume it was entered into because the DA and /or LE found it to be necessary at the time. I must also assume that the DA constructed any such agreement to allow themselves as much leaway (read wiggle room) as was possible in order to obtain what they needed from EB without giving away the store so to speak.

I do not think EB will be getting a free ride. If there is truth to this news that DP and LIPWP has been removed then I must remember that even in prison there is a pecking order. Within that pecking order - Child killers, especially those in a parental role, are the lowest of the low.

Many women in prison are separated from their children. Many women in prison cannot fathom a mother figure who harms a child. Despite whatever crime got THEM there, they are able to see themselves as better than a child killer/abuser. I must have faith that justice will be served, by one means or another.

 

[impatientredhead]

You are correct for accessory after the fact. However, accessory before the fact is punished the same as the primary.

Very interesting.
I have never heard of accessory before the fact.
Thought that was an accomplice or co-conspirator.
I will go find the statute on the state's website.
Do you know the statute number?

 

[panthera]

I wonder if a judge can recind that deal or the attorney general?

Why would a SA seek to take the DP and LWOP off the table without knowing Zahra's COD? I'd be okay with the DP alone, not both...I think an over zealous prosecutor made a deal that he now regrets and one they might have to live with, unfortunately.

Someone up thread stated, the SA made a deal with the devil, seems to fit so right...JMHO

Where's the justice for Zahra??

I am not finding the rationale either. The public may not have all the information yet, however, I don't recall any other case where a deal such as this was made before charging the suspect/defendant. Fortunately due to EB's age, a 25-30 year sentence may be life - that is, IF she is charged with murder. MOO

 

[Angleena]

Very interesting.
I have never heard of accessory before the fact.
Thought that was an accomplice or co-conspirator.
I will go find the statute on the state's website.
Do you know the statute number?

§ 14‑5.2. Accessory before fact punishable as principal felon.

All distinctions between accessories before the fact and principals to the commission of a felony are abolished. Every person who heretofore would have been guilty as an accessory before the fact to any felony shall be guilty and punishable as a principal to that felony. However, if a person who heretofore would have been guilty and punishable as an accessory before the fact is convicted of a capital felony, and the jury finds that his conviction was based solely on the uncorroborated testimony of one or more principals, coconspirators, or accessories to the crime, he shall be guilty of a Class B2 felony. (1981, c. 686, s. 1; 1994, Ex. Sess., c. 22, s. 6.)



§ 14‑6. Repealed by Session Laws 1981, c. 686, s. 2, effective July 1, 1981.



§ 14‑7. Accessories after the fact; trial and punishment.

If any person shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of any statute made, or to be made, such person shall be guilty of a crime, and may be indicted and convicted together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted for such crime whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice. Unless a different classification is expressly stated, that person shall be punished for an offense that is two classes lower than the felony the principal felon committed, except that an accessory after the fact to a Class A or Class B1 felony is a Class C felony, an accessory after the fact to a Class B2 felony is a Class D felony, an accessory after the fact to a Class H felony is a Class 1 misdemeanor, and an accessory after the fact to a Class I felony is a Class 2 misdemeanor. The offense of such person may be inquired of, tried, determined and punished by any court which shall have jurisdiction of the principal felon, in the same manner as if the act, by reason whereof such person shall have become an accessory, had been committed at the same place as the principal felony, although such act may have been committed without the limits of the State; and in case the principal felony shall have been committed within the body of any county, and the act by reason whereof any person shall have become accessory shall have been committed within the body of any other county, the offense of such person guilty of a felony as aforesaid may be inquired of, tried, determined, and punished in either of said counties: Provided, that no person who shall be once duly tried for such felony shall be again indicted or tried for the same offense. (1797, c. 485, s. 1, P.R.; 1852, c. 58; R.C., c. 34, s. 54; Code, s. 978; Rev., s. 3289; C.S., s. 4177; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997‑443, s. 19.25(p).)

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_14.html

 

[panthera]

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.

One thing differentiating this case however, is EB was not Zahra's natural parent, and had only known her two years. MOO

 

[raisincharlie]

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.

Lets hope so as that would make it a Federal case and by no means would the Feds be obligated to fullfill Gaither's ignorant promises.

 

[impatientredhead]

§ 14‑5.2. Accessory before fact punishable as principal felon.

All distinctions between accessories before the fact and principals to the commission of a felony are abolished. Every person who heretofore would have been guilty as an accessory before the fact to any felony shall be guilty and punishable as a principal to that felony. However, if a person who heretofore would have been guilty and punishable as an accessory before the fact is convicted of a capital felony, and the jury finds that his conviction was based solely on the uncorroborated testimony of one or more principals, coconspirators, or accessories to the crime, he shall be guilty of a Class B2 felony. (1981, c. 686, s. 1; 1994, Ex. Sess., c. 22, s. 6.)



§ 14‑6. Repealed by Session Laws 1981, c. 686, s. 2, effective July 1, 1981.



§ 14‑7. Accessories after the fact; trial and punishment.

If any person shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of any statute made, or to be made, such person shall be guilty of a crime, and may be indicted and convicted together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted for such crime whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice. Unless a different classification is expressly stated, that person shall be punished for an offense that is two classes lower than the felony the principal felon committed, except that an accessory after the fact to a Class A or Class B1 felony is a Class C felony, an accessory after the fact to a Class B2 felony is a Class D felony, an accessory after the fact to a Class H felony is a Class 1 misdemeanor, and an accessory after the fact to a Class I felony is a Class 2 misdemeanor. The offense of such person may be inquired of, tried, determined and punished by any court which shall have jurisdiction of the principal felon, in the same manner as if the act, by reason whereof such person shall have become an accessory, had been committed at the same place as the principal felony, although such act may have been committed without the limits of the State; and in case the principal felony shall have been committed within the body of any county, and the act by reason whereof any person shall have become accessory shall have been committed within the body of any other county, the offense of such person guilty of a felony as aforesaid may be inquired of, tried, determined, and punished in either of said counties: Provided, that no person who shall be once duly tried for such felony shall be again indicted or tried for the same offense. (1797, c. 485, s. 1, P.R.; 1852, c. 58; R.C., c. 34, s. 54; Code, s. 978; Rev., s. 3289; C.S., s. 4177; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997‑443, s. 19.25(p).)

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_14.html

Thank you for that. Very interesting statute. It makes it even more baffling that they would take both of the heavy penalties off the table if they had this many ways to approach going after both of them.

Of course before the fact implies a preplanned event which we don't know there is any evidence to support. But if they claim that she died of neglect or lack of medical care for an injury that would be a before the fact event.

I like the statute but now I am more annoyed by the deal.

 

[vjlaw]

Thank you for that. Very interesting statute. It makes it even more baffling that they would take both of the heavy penalties off the table if they had this many ways to approach going after both of them.

Of course before the fact implies a preplanned event which we don't know there is any evidence to support. But if they claim that she died of neglect or lack of medical care for an injury that would be a before the fact event.

I like the statute but now I am more annoyed by the deal.

Would AB/EB have to know she was going to die from whatever it was to prove a before the fact charge?

 

[believe09]

I'm saying that I think they get mad at each other and try whatever they can to cause problems for each other including calling DSS.

TY for the clarification.

 

[believe09]

personally, I dont know that the DA or PD owe the public any explanation. They have the evidence, we have only seen a fraction of the warrants likely executed in this case and only ones that were relatively benign. I do believe that Zahra's family was consulted before the deal was made-I would have wanted her home to rather than lying out there. I cant say I think they consulted AB, but it is possible he agreed to it as well.

Unless there is a COD of homicide, then right now both are looking at abuse of a corpse. At least from where I am sitting. I think what will be significant is what has not been found to date, if there is anything.

Poor little one.

 

[netsleuther]

*snip** thanks for the link and the info.

A written agreement between Elisa Baker and prosecutors takes the death penalty and life in prison off the table in the case, sources have confirmed to Channel 9. Elisa Baker’s attorney helped her reach the agreement, which calls for her continuing cooperation in the investigation, weeks ago, at a time when investigators were desperately looking for evidence in the case **snip**

No death penalty and no 'life' in prison. Seems the prosecutor got the information he needed and she got her life. Pretty good plea deal. moo mho

Poor Zahra, no life for her!!!!

http://www.wsoctv.com/news/26012582/detail.html

So the attorney LD was no more than an experienced negotiator for LE to learn the in's and out's from EB. A dumber lawyer might have told her to say nothing at all. I wonder how far into this case LE would be if they had no leads to begin with from EB.

 

[believe09]

Please do not attack other members of Websleuths-

this post falls at random

 

[froginTtown]

I'm wondering if EB told the DA's office that Zahra died of some illness, and was dismembered by AB.. The deal was that if she told them where the body and evidence was that they would not ask for the dp or lwop, since the DA didn't think that they could prove a murder... So the deal was made.. She showed them where to find everything. IIRC, they didn't dismantle the house until after they announced they found her remains.. When they found the actual crime scene (the bedroom) they realized it was definately a murder, which would make the deal void and null because she lied about the actual crime itself.. I believe she was struck in the head and was leaning over her bed bleeding onto the floor, with massive blood loss,(the part that LE removed) and that is how they are going to prove murder... MOO

 

[wenwe4]

I'm wondering if EB told the DA's office that Zahra died of some illness, and was dismembered by AB.. The deal was that if she told them where the body and evidence was that they would not ask for the dp or lwop, since the DA didn't think that they could prove a murder... so the deal was made.. She showed them where to find everything. IIRC, they didn't dismantle the house until after they announced they found her remains.. When they found the actual crime scene (the bedroom) they realized it was definately a murder, which would make the deal void and null because she lied about the actual crime itself.. I believe she was struck in the head and was leaning over her bed bleeding onto the floor, with massive blood loss, and that is how they are going to prove murder... MOO

This would explain blood splatter and tissue on the walls and floor of her room. It also explains why they would need to dump her mattress. Of course, if she were hit on the head hard enough to cause her death - there would certainly be proof on the skull and skeletal remains. If so - this theory you have postulated makes all the sense to me - given they could have uncovered incriminating evidence against her that would make the deal null and void.

 

[Lera213]

The dismemberment probably started in the bedroom, when it was apparent this was a bad idea they probably moved it to the bathroom.

 

[Reannan]

Any deal with EB surely, by all that is right in the Universe, will be made null and void after proof of lies and/or omissions from her story. We don't have all of the facts yet, but they are going to come out, and she is not going to fare well, IMHO. She has obviously been more forthcoming than any of the other scum, but I still firmly believe that EB is looking for an opportunity to turn this zoo into her own private circus where she is the star.

 

[Mountain_Kat]

Any deal with EB surely, by all that is right in the Universe, will be made null and void after proof of lies and/or omissions from her story. We don't have all of the facts yet, but they are going to come out, and she is not going to fare well, IMHO. She has obviously been more forthcoming than any of the other scum, but I still firmly believe that EB is looking for an opportunity to turn this zoo into her own private circus where she is the star.

She may actually be telling LE the truth.

 

[octobermoon]

http://www.wcnc.com/news/local/Pros...ill-on-the-table-in-Zahra-case-111324889.html

Prosecutor: Death penalty still on the table in Zahra case

 

[Wagara]

The dismemberment probably started in the bedroom, when it was apparent this was a bad idea they probably moved it to the bathroom.

If this is true they are even more stupid than I gave them credit for...and I've given them plenty of stupid credit. I think the case will end up hinging on whose fingerprints are in the gloves...

IF EB/AB or whoever is stupid enough to:

Start a dismemberment in the bedroom...
Keep the gloves they used...
Write a fake ransom note...
Forget the last time he SAID he saw his daughter...

...then they are just plain stupid.

EB will not live in gereral population. Even if she gets a break for not being the natural mother, she will not get a break from her fellow prisoners where the abuse and dismemberment are concerned. They will eat her alive and I can't wait.