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

[Lera213]

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.

I know right? I think that is why me and other's are having a difficult time with this case at times because we tend to give them more credit then they deserve. LOL

OMG if that is a true statement what does that say about the DA and LE.

 

[wenwe4]

"The prosecutor involved in the Zahra Baker case has indicated that the death penalty and first-degree murder charges are not off the table as possible punishments if the Hickory girl is found to have been murdered.

"We're under no obligation not to pursue capital murder charges or first-degree murder charges against any individual if there is sufficient and credible evidence to prove that Zahra Baker was murdered by that individual," District Attorney James Gaither Jr. told the Observer on Saturday.

The district attorney of Catawba County declined to comment


Several television stations have reported that Gaither signed an agreement with Baker that would allow her to avoid the death penalty and first-degree murder charges if she cooperated in the investigation into Zahra's disappearance and death.

But a source who spoke on the condition of anonymity told the Observer the agreement was contingent on, among other things, Baker being truthful in her assistance of law enforcement in the investigation."

snipped from link:

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

 

[Lera213]

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

CYA because he is starting to feel the heat from the public is my guess. MOO

 

[Mountain_Kat]

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

If this deal was made, and Gaither backs out without being able to prove EB didn't hold up her end of the bargain, then Gaither is going to have a VERY tough time prosecuting anyone for this crime. LD will fight tooth and nail to have all the evidence obtained through her clients cooperation thrown out. And she'll probably succeed. Take away the mattress and whatever DNA evidence it holds...take away the body and whatever evidence it holds...take away all the evidence recovered from drain traps in bathroom and kitchen, in fact ALL the evidence of dismemberment...take away the gel liner found at Christie Rd...take away the comforter and car cover with dna evidence (assuming that was retrieved by LE)...and take away whatever piece of evidence LD turned over to LE.

That pretty much leaves us with what? Cadaver dogs hitting on both vehicles, possible blood evidence on the console of Tahoe, the replacement mattress and bed rails LE took, fire evidence, and a ransom note.

MOO, of course.

 

[cleo612]

Prosecutor: Death penalty still on the table in Zahra case

HICKORY, N.C.-- The prosecutor involved in the Zahra Baker case has indicated that the death penalty and first-degree murder charges are not off the table as possible punishments if the Hickory girl is found to have been murdered.

"We're under no obligation not to pursue capital murder charges or first-degree murder charges against any individual if there is sufficient and credible evidence to prove that Zahra Baker was murdered by that individual," District Attorney James Gaither Jr. told the Observer on Saturday.

More at link: http://www.msnbc.msn.com/id/40510435

 

[Mountain_Kat]

Prosecutor: Death penalty still on the table in Zahra case

HICKORY, N.C.-- The prosecutor involved in the Zahra Baker case has indicated that the death penalty and first-degree murder charges are not off the table as possible punishments if the Hickory girl is found to have been murdered.

"We're under no obligation not to pursue capital murder charges or first-degree murder charges against any individual if there is sufficient and credible evidence to prove that Zahra Baker was murdered by that individual," District Attorney James Gaither Jr. told the Observer on Saturday.

More at link: http://www.msnbc.msn.com/id/40510435

So that tells me that EB is claiming that she didn't murder Z. If evidence proves that she did, that's a definite out for Gaither, I would think.

 

[Lera213]

why is it that I keep feeling that the big one hasn't hit yet! I keep sensing that something is about to explode in this case that all of us will be caught off guard.

 

[Lera213]

Prosecutor: Death penalty still on the table in Zahra case

HICKORY, N.C.-- The prosecutor involved in the Zahra Baker case has indicated that the death penalty and first-degree murder charges are not off the table as possible punishments if the Hickory girl is found to have been murdered.

"We're under no obligation not to pursue capital murder charges or first-degree murder charges against any individual if there is sufficient and credible evidence to prove that Zahra Baker was murdered by that individual," District Attorney James Gaither Jr. told the Observer on Saturday.

More at link: http://www.msnbc.msn.com/id/40510435

BBM, now this is Gaither's out, he'll say down the road. There wasn't enough evidence to bring charges against her for murder (of any degree)

 

[cleo612]

I have a sneaking suspicion that Gaither has received the results of the DNA testing on the evidence and that all of it leads right back to EB. That would easily explain what he meant in this statement:

"We're under no obligation not to pursue capital murder charges or first-degree murder charges against any individual if there is sufficient and credible evidence to prove that Zahra Baker was murdered by that individual," District Attorney James Gaither Jr. told the Observer on Saturday.

 

[scmom]

Electronic recording of interrogations
Not sure if this is ot, or where to put it, but I thought this was quite interesting.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-211.html

 

[Mountain_Kat]

I have a sneaking suspicion that Gaither has received the results of the DNA testing on the evidence and that all of it leads right back to EB. That would easily explain what he meant in this statement:

Maybe. Or maybe the DNA evidence came back and it points to someone other than EB, and Gaither released this statement to prepare the public for that.

Hard to say.

 

[westsidefox64]

Im pretty new to this crime business. Is it common for so much teeter totter reporting going on? It seems like they want to get everyone riled up more than they already are.

 

[sorrell skye]

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

bbm

I agree, and want to add that not only IF she is charged with 2nd degree murder, but also IF she is convicted, and IF she receives the maximum penalty of 600 months (making her eligible for parole in about 25 years, maybe even sooner, according to the Fair Sentencing Act guidelines).

Under the Fair Sentencing Act, an offender's sentence is reduced by half upon arrival into the DOC (including time incarcerated while awaiting trial and/or awaiting sentencing), and the offender can also earn what is called Good Time - a sentence reduction credit awarded for good behavior @ the rate of one day Good Time credit for each day served in prison. There is also a Gained Time credit awarded to inmates who participate in work & program activities. North Carolina participates in the Good Time & Gained Time sentence reduction parole process.

http://www.doc.state.nc.us/victimse...GuidetotheNorthCarolinaParoleProcessrev04.pdf

So even IF EB is charged, convicted, and sentenced to the maximum penalty of 600 months (for 2nd degree murder, a Class B2 felony), it's entirely possible she would only serve a fraction of that sentence before being eligible for parole - say, 150 months, or 12.5 years, maybe even less (if I've interpreted the North Carolina parole process correctly & have done the math properly).

As you stated, Panthera, the public does not have all the information, but in my mind, it seems there are a few too many IFs (i.e. uncomfortable variables), considering the circumstances of this especially heinous crime against a defenseless little girl.

MOO

 

[DLT88]

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

That's what I just read, too:

http://news.ninemsn.com.au/world/8175824/death-penalty-not-ruled-out-in-zahra-case

 

[sreshowtime]

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. ............................

Poor little one.

BBM- true, I agree....there is hope

 

[panthera]

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

Now this makes a lot more sense.

From the article:

"But a source who spoke on the condition of anonymity told the Observer the agreement was contingent on, among other things, Baker being truthful in her assistance of law enforcement in the investigation."

MOO

 

[cluciano63]

But will they be able to prove cause of death?

 

[NoeticSoul]

Yes, but I'd have to give myself a TO if I posted them.

Precisely why I gave myself a time-out.. after I posted that "news". I'm still taking one too, just reading quietly.. and trying to find those elusive characters called temperance & patience.

No sense in letting my fingers be an accomplice to any drive-by anger that I a̶b̶s̶o̶l̶u̶t̶e̶l̶y ̶a̶m might be feeling. KWIM?

 

[panthera]

But will they be able to prove cause of death?

It would depend entirely on what parts of her body have been recovered, and if there is anything on them pointing to COD, such as trauma to the skull or other bones. MOO

 

[sorrell skye]

The prosecutor involved in the Zahra Baker case has indicated that the death penalty and first-degree murder charges are not off the table as possible punishments if the Hickory girl is found to have been murdered.

"We're under no obligation not to pursue capital murder charges or first-degree murder charges against any individual if there is sufficient and credible evidence to prove that Zahra Baker was murdered by that individual," District Attorney James Gaither Jr. told the Observer on Saturday.

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

Mr. Gaither doesn't indicate in these statements who his office may or may not seek capital murder charges against. He has only stated that capital murder charges or first-degree murder charges are not off the table "if there is sufficient and credible evidence to prove that Zahra Baker was murdered by that individual".

He could be referring to EB, or he could be referring to someone else, IMO.

It's likely that he WAS referring to EB (if the reported no DP/no LWOP deal, in fact, exists - which I'm inclined to believe it does). IMO, it's also possible he may be referring to anyone else against whom the evidence supports a capital murder charge.

Or, he could just be conducting damage control & saying what he feels needs to be said in the aftermath of the recent MSM revelations about the so-called Deal.

If, in retrospect, he has come to believe he made this reported Deal With the Devil prematurely, and/or perhaps regrets his decision based upon possible new forensic evidence that may have recently come to light, or based upon public outcry from his constituents (or both), IMO, he made this reported Deal in error, regardless of his original reasons, especially if it endangers the successful prosecution of those who are factually guilty of this despicable crime.

IMO, when a DA chooses to cut a deal, they should do so only when they're confident they already hold the winning hand, so to speak (i.e. when the DA already possesses a measure of incriminating evidence), against the other player(s). NOT when they're hoping to be dealt the card they need to win the round.

MOO