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

[simlyme]

MSM misreported, they found the gel liner not the prosthetic, it has not officially come out how or where LE obtained the prosthetic leg

Im not getting this at all, please help me understand.
Everything I read on the leg says it was found near a house where EB used to live, at the end of October.It was confirmed it was Zahras through the ID number.
So far, Im reading here that the P. leg has not been found??
Help:waitasec::waitasec:

 

[impatientredhead]

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.

That is what I got form the article as well.

I think they are building this case against Adam personally with EB taking a lesser but active roll. The DP is not off the table for him, and if the evidence shows EB killed her than EB lied when making the deal and it will be off the table.

Even if the skull is fractured how do you prove which one did it? Not to mention EB knows how she died, she gave a statement that is going to fit the physical evidence.

 

[panthera]

That is what I got form the article as well.

I think they are building this case against Adam personally with EB taking a lesser but active roll. The DP is not off the table for him, and if the evidence shows EB killed her than EB lied when making the deal and it will be off the table.

Even if the skull is fractured how do you prove which one did it? Not to mention EB knows how she died, she gave a statement that is going to fit the physical evidence.

I agree, proving who did it could be a problem, unless by some miracle a TOD can be established which clears AB. All LE may have against him is what EB says, which would have to be confirmed by evidence. MOO

 

[Pondering Mind]

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

I'm thinking EB is most likely lying in regards to the 'who did it' and 'what was done' because she thought she could make LE believe her.. and she told the truth about where Zahra could be found (obviously since they found at least part of her :furious knowing that she HAD no choice but to do that to cut a deal to begin with. IF any of that is true..in most cases any deal made would be null and void. If she's not going to tell the complete truth (and I don't think she will) then I HOPE that's what has happened..I would imagine most DA's would love to be able to snatch a deal with the devil right off the table...especially when they may feel that they were forced into making the deal to begin with in order to find Zahra...jmo tho..

 

[westsidefox64]

Im not getting this at all, please help me understand.
Everything I read on the leg says it was found near a house where EB used to live, at the end of October.It was confirmed it was Zahras through the ID number.
So far, Im reading here that the P. leg has not been found??
Help:waitasec::waitasec:

They have the leg. They have to have because they used the ID # to verify it. I just am not sure where they found it. The gel liner was found by a house EB once lived. HTH JMO

 

[simlyme]

Hope this helps with the prosthesis confusion.
The point Im trying to make is that the P. leg was not the "item" found by LD,and that whatever "item" it is that LD found most likely has everything to do with another person, most likely AB and possibly another person.

http://www.wcnc.com/news/Prosthetic...unty-confirmed-as-Zahra-Bakers-106465438.html

Search crews found the leg in a wooded area off of Christie Road last Tuesday. Zahra's stepmother, Elisa Baker, used to live near that search site.

http://www.foxcharlotte.com/news/top-stories/police-find-zahra-baker-prosthetic-leg-105899773.html

Hickory Police Maj. Clyde Deal said searchers found the leg at a home where the stepmother of 10-year-old Zahra Clare Baker's once lived. The girl had an artificial leg because she lost hers to bone cancer.


Read more: http://www.charlotteobserver.com/20...-crews-find-leg-consistent.html#ixzz17CXm7gYK

Searchers found the leg while scouring a brushy area near Christie Road in Caldwell County, Hickory Police Chief Tom Adkins said at a brief press conference Wednesday. Authorities still have to check the serial number to confirm the leg belongs to 10-year-old Zahra, an Australia native.

 

[Nore]

TY for this update, NoeticSoul!

snipped from link:

In return, sources said, prosecutors agreed not to charge Elisa Baker with first-degree murder, meaning that if she’s convicted, she would not face the death penalty or life in prison without parole.

That’s how the case stands now, but sources told Channel 9 that the prosecutor may be trying to have the agreement tossed out and has asked the attorney general’s office to get involved.

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

-------------------
I wonder if there is a chance of putting her in a mental Imstitution for life.She think,is a nutcase.Her background backs it up.

 

[believe09]

I think we are seeing classic bad reporting here and two agendas-

Let's take the first source who indicated that Gaither signed a plea deal. Who would benefit from this piece of news? One camp and one camp only-EB's. EB has a pretty savvy attorney who hired a PI and evaluated as well as collected evidence on behalf of her client. Who would benefit from press indicating a plea deal has been signed?

Let's take the second source-The DA is pretty much telling us that the agreement terms we have read in the news are not the agreement terms he signed, if he signed anything at all. I am going with source number two, as source number one seems to have been swayed a little....

O/T a lesson to all reporters-source your story yourself...do not be a copy/paste journalist.

 

[Reannan]

I am worried that cause of dead may be hard to prove with in this case. I sure hope I am wrong. As to the question about where they found the prosthetic leg - we know they found it because they identified via serial number. I think we have witnessed some bad reporting in this case where the reporters got half of the story and ran with it. I personally believe they found the gel liner in the brush near the house EB used to live at, and from the search warrants, the prosthetic leg itself was placed in a white trash bag and then disposed of in a dumpster somewhere. If it wasn't so late, I would go back thru the search warrants and see if I could find that piece of information. I wish reporters were as careful and questioning about the information they receive as WebSleuthers!!!

 

[Dr. Know?]

I remember when they were searching and the news of the mattress had already been found the week before, then the prosthetic leg, but when we waited for the SN to be matched in AU, it had been found out the week before. LE released information when they wanted to and methodically. The true details of how Zahra was being searched for and what was found, helped to prevent a panic and to slow the impact of what turned out to be one of the most horrific child deaths I hope to never read again. They handled the worst the best they could. Aren't there a lot more documents out there to be released?

I don't feel any of the dates are exact as to when and where & what was found yet.

RIP Zahra.

 

[Reannan]

Since I don't want to be sloppy like some reporters in this case, here is the statement about the disposal of the prosthetic leg. It is in the search warrant linked below - page 8 of 10, Item #17. (Under the Media Links for this forum, it is Warrant No. 13 that Noetic Soul kindly provided for us).

"The first location shown to this Affiant was a dumpster located at Fox Ridge Apartments, 1445 4th St Dr NW, Hickory, NC 28601. Elisa Baker communicated through Attorney Lisa Dubbs that Elisa and Adam Baker threw Zahra's prosthetic leg into a dumpster located at this location. The prosthetic leg was wrapped in a white trash bag according to information passed from Elisa Baker through Lisa Dubbs."

http://content.news14.com/Zahra Warrants/12.pdf

 

[Reannan]

......They handled the worst the best they could. Aren't there a lot more documents out there to be released?

I don't feel any of the dates are exact as to when and where & what was found yet.

RIP Zahra.

Dr. Know, I think there HAS to be something else!!! Otherwise, why haven't they arrested and kept AB in jail??? The charges EB is being held on could just as easily keep AB in jail, yet he is free to walk around. For what purpose?? :waitasec: Maybe some of the information we haven't seen implicates a third person that they are hoping to gain information about if AB remains free. MOO...

 

[Mountain_Kat]

That is what I got form the article as well.

I think they are building this case against Adam personally with EB taking a lesser but active roll. The DP is not off the table for him, and if the evidence shows EB killed her than EB lied when making the deal and it will be off the table.

Even if the skull is fractured how do you prove which one did it? Not to mention EB knows how she died, she gave a statement that is going to fit the physical evidence.

Exactly my thoughts, Red. And I think this statement by Gaither is his way of reassuring the public that someone is going to pay for this, so "rest easy, guys".

 

[Wagara]

While not admissable in court, can't LE continue to give EB lie detector tests to narrow down any presumed lies? I mean: she's suppose to be truthful about all things so can't they ask a question in three different ways and see what is the truth and what isn't and then concentrate on proving the truthful statements?

Did you kill Zahra? Answer: No

Did Adam kill Zahra? Answer: No

Did you witness Zahra die? Answer: No

Liar! Liar! Deal's on fire!!

It seems to me it would be pretty easy to narrow things down to a believable senario between the lie detector tests and the deal.

 

[believe09]

LDT's are not admissable, so I doubt the DA could use them to impeach any deal he reached...if he even did a deal.

As an investigative tool, however, it could cause them to continue to dig into the facts of the crime.

ETA: There are a lot of people working this case including the FBI. I do not for a moment believe that there have been a bunch of missteps except for some wrong dates on the warrants and bad reporting by the press. JMVHO.

 

[impatientredhead]

LDT's are not admissable, so I doubt the DA could use them to impeach any deal he reached...if he even did a deal.

As an investigative tool, however, it could cause them to continue to dig into the facts of the crime.

ETA: There are a lot of people working this case including the FBI. I do not for a moment believe that there have been a bunch of missteps except for some wrong dates on the warrants and bad reporting by the press. JMVHO.

If you look at the quote from the prosecutor about the DP not being off the table it is clear there is a deal in place. He picked his words very carefully. The death penalty has not been removed for any individual that the state could prove committed a capital offense against Zahra. EBs deal does not give her immunity for first degree murder. And no one else has a deal.

moo

 

[salvarenga]

Warning Graphic Thoughts and IMO, JMO and all that jazz......

Regarding the recent discussion of death on the table, off the table, etc.

I keep thinking about what the warrants have shown as being confiscated to date..specifically knife with sheath.

That makes me think of a smaller type hunting knife. Now, would that really be strong enough to dismember a body? I keep thinking that the actual weapon used to dismember had to have been something much stronger.....like an ax, hatchet, chain saw, etc. Then I ask myself...who would have had easier access to those...AB or EB?

I am thinking that this item retrieved by LD was the actual weapon used to dismember Zahra. I also thinking that EB is betting on that item either having AB's fingerprints or touch DNA all over it along with Zahra's DNA on the end of the blade, saw, etc.

Now I am asking myself how would that get the death penalty off the table for EB but on the table for AB? Or what if she retrieved some type of video or picture evidence of the actual act of murder being committed and she is not the one doing the killing? I mean after all criminals do sometimes feel the need to capture the moment especially if they are acting out some type of fantasy.

 

[Mountain_Kat]

Here again are the questions EB was asked in LDT on which she showed deception:

Did you hurt Zahra?
Do you know of anyone who did hurt this child?
Do you know who wrote the ransom note?

She failed on those 3 questions. Most of us never would have expected her to answer "no" to any of those questions and still pass. We know she hurt Zahra...we know she knows who did hurt Zahra...and we know she wrote the ransom note. HOWEVER, it's interesting to note that no where in these 3 questions, is she asked, "Did you kill Zahra?" I find it VERY hard to believe that this WOULDN'T have been one of the questions she was asked. So, if she was deceptive on only 3 questions, and the questions she was deceptive on were the 3 questions I listed, it seems reasonable to me to assume that, if asked, "Did you kill Zahra?", she passed.

JMO

 

[believe09]

Refresh me on who disclosed the LDT results? LE or her attorney?

 

[Mountain_Kat]

Refresh me on who disclosed the LDT results? LE or her attorney?

It was contained in the search warrants, IIRC.

ETA: I don't have time to look for the specific warrant, but here's mention of the LDT with links to warrants. HTH.
http://charlotte.news14.com/content...-reveal-possible-sexual-assault-in-baker-case