Elisa Baker - Life Before Adam

[tlcya]

Both rules may be suspended depending on the jurisdiction in the case of divorce proceedings or child custody disputes, but are suspended in cases where one spouse is accused of a crime against the other spouse or the spouse's child. Courts generally do not permit an adverse spouse to invoke either privilege during a trial initiated by the other spouse, or in the case of domestic abuse. The privileges may also be suspended where both spouses are joint participants in a crime, depending on the law of the jurisdiction.

http://www.mobar.org/journal/1999/sepoct/rold.htm

 

[tlcya]

http://cueflash.com/decks/NC_Family_Law

Testimonial Privilege
A spouse may testify against a spouse even over the objection of the spouse but cannot be compelled to testify except in specified circumstances:
1. bigamy or criminal co-habitation
2. assault of spouse
3. trespass on lands of spouse when living seperate and apart
4. abandonment or failure to support other spouse or child
5. crime against other spouse or child

 

[tlcya]

I think it does not matter as far as testifying in a Zahra charge whether the marraige was valid or not based on NC law on spousal priviledge and spousal immunity.

AB can testify and can be compelled to testify based on the law in NC stating so when it pertains to a crime against his child.

What is more interesting to me is this: EB is still having new petty charges tacked on every other week or so. We are all assuming/hoping the delay in charging her with something pertaining to the death and dismemberment of Zahra is while they make their case.

What I am wondering is, will charges be brought on the previous instances where it appears EB er jumped the gun and got married before getting divorced if need be to keep someone right where she belongs til the case is ready to prosecute?

Will the next development be that we see new bigamy charges every few weeks, months while the case building is taking place?

hmmm

 

[diphi]

Thanks for the clarification, Tlcox. The crime against a child pretty much nails it.

 

[diphi]

I think it does not matter as far as testifying in a Zahra charge whether the marraige was valid or not based on NC law on spousal priviledge and spousal immunity.

AB can testify and can be compelled to testify based on the law in NC stating so when it pertains to a crime against his child.

What is more interesting to me is this: EB is still having new petty charges tacked on every other week or so. We are all assuming/hoping the delay in charging her with something pertaining to the death and dismemberment of Zahra is while they make their case.

What I am wondering is, will charges be brought on the previous instances where it appears EB er jumped the gun and got married before getting divorced if need be to keep someone right where she belongs til the case is ready to prosecute?

Will the next development be that we see new bigamy charges every few weeks, months while the case building is taking place?

hmmm

And I wonder how long they can keep her in jail for these "minor" crimes. Are they tacking on a few days/weeks here and there? I suppose if she had the resources she could post bail.

Sorry if I got a little off topic.

 

[tlcya]

I didn't think you were OT diphi

I dont know how she would make bail, at this point its up to $107,000 or so and nobody seems to be leaping forward to volunteer the funds for bond. Besides, I have a feeling if anyone did, it would simply force LE and DA's hand and they would charge for the murder/dismemberment of Zahra or add more petty charges if it looked as if she was going to bond out. My own opinion.

It seems as if there are a plethora of "minor" charges yet that could be filed, including, but certainly not limited to, more bigamy charges if our date info is accurate on just how many marriages took place outside the law.

 

[netsleuther]

And I wonder how long they can keep her in jail for these "minor" crimes. Are they tacking on a few days/weeks here and there? I suppose if she had the resources she could post bail.

Sorry if I got a little off topic.

Do they take checks lol She could write one of those pretty easy

 

[Allusonz]

truly i think they are going to charge her with whatever they can, but are truly going after the big ones, this is just going to be one in a long list of minor ones, its truly the other charges that really matter in the long run MOO

 

[Mountain_Kat]

Here's the info I have on where married and where divorced:

Elisa Fairchild to JW,
married 9/14/1985, NC;
annulled 1/29/1986, Caldwell Co., NC.

Elisa Fairchild to JP
married 9/5/1987, Cherokee, S.C.;
divorced 2/6/1992, Burke Co., NC.

Elisa Fairchild to AH,
married 4/7/1991, S.C.;
divorced 12/14/1995 Lenoir Co., NC.

Elise Proctor to DP,
married 2/4/1994, S.C.;
divorced 11/22/1999, Cleveland Co., N.C.

Elise Fairchild to JA,
married in 1997;
divorce in 2000.

Elise Harris to AY,
married 8/8/1998; (I believe in SC, but don't quote me on that)
divorced 8/21/2009.

Elise Fairchild to Adam Baker,
6/6/2008, Giru, Australia

It appears the MO was to marry in SC, where marriage laws are pretty lax, and then divorce in NC.

 

[westsidefox64]

Here's the info I have on where married and where divorced:

Elisa Fairchild to JW,
married 9/14/1985, NC;
annulled 1/29/1986, Caldwell Co., NC.

Elisa Fairchild to JP
married 9/5/1987, Cherokee, S.C.;
divorced 2/6/1992, Burke Co., NC.

Elisa Fairchild to AH,
married 4/7/1991, S.C.;
divorced 12/14/1995 Lenoir Co., NC.

Elise Proctor to DP,
married 2/4/1994, S.C.;
divorced 11/22/1999, Cleveland Co., N.C.

Elise Fairchild to JA,
married in 1997;
divorce in 2000.

Elise Harris to AY,
married 8/8/1998; (I believe in SC, but don't quote me on that)
divorced 8/21/2009.

Elise Fairchild to Adam Baker,
6/6/2008, Giru, Australia

It appears the MO was to marry in SC, where marriage laws are pretty lax, and then divorce in NC.

Thanks so much for this.

Seems like a domino effect going on here. I wonder how she explained away the fact of needing a legal divorce from someone else during a marriage? Was it something she kept hidden from these men? JMO but I think shes good at hiding things from the men in her life!

 

[westsidefox64]

This is going to be long I appoligize in advance.
snipped from second transcript of AYs interview.

AY: Me and her got married in August of '98 and was married for ten years. She left for Australia in May of 2009. Is that right?

JM: 2008

AY: Yeah, 2008. May of 2008. And she had told me that Adam was taking care of our divorce but I never got anything in the mail or never had to sign nothing. So, that's why I didn't believe it. So I filed on my own up here. So I would know that it was legal.

JM: And, umm, our sources are saying that she was married when she married you. Have you heard that also? Are you under that impression?

AY: Uhh, yeah. I just, I seen that on the internet 'bout three or four weeks ago, that she was married to the guy. And their divorce, I think, went final in '99 and we got married in '98 so ... I'm not really sure on that one.

(MY THOUGHTS) If AY thought AB was taking care of his divorce from EB why the need to say he was her brother?

Snipped from 3rd transcript of AYs interview

JM: I think because of your connection with Elisa being so long and maybe misleading Adam about your relationship, seems, on the internet at least, a lot of people have thrown accusations at you.

AY: Yeah.

JM: What do you think about that?

AY: Ahh. (pause, deep breath, shifty eyes) I know the reason. Lisa told me that she was going to tell Adam that I was her brother. I told her a couple of times, "Yanno, just go ahead and tell him the truth. Yanno it'll be a lot easier." And she said, "Oh, that won't be such a good idea." And she made me think he was big, bad, macho guy and if he, something happens and I was over at Amber's or out somewhere and they ran into me there, that it wouldn't be good. So (pause) I just went along with it.

snipped from marriage time lines


Elise Fairchild to JA,
married in 1997;
divorce in 2000.

Elise Harris to AY,
married 8/8/1998; (I believe in SC, but don't quote me on that)
divorced 8/21/2009.

(MY THOUGHTS) How did EB get divorced 2 years after her marriage to AY without him knowing about it? He had to have known at some point he wasnt legally married to her. So why the need for a legal divorce. Something about the inconsistancys in AYs statements just dont add up. JMO

 

[diphi]

I've never been divorced and may be really showing my ignorance on this issue. But, if the previous husband initiated the divorce, could it be as simple as him sending her a form letter to sign and send back to him?

If it could work like that then I could see how AY might not have known about it. She got it in the mail, signed it, and sent it back. Done, taken care of. Why bother her current husband (AY) about it?

imo

 

[tlcya]

Isn't that terrible?! I do not even remember in my own divorce whether my signature had to be notarized or not. Imagine so. I signed mine at ex's lawyer's office. IDK if they do just mail papers like that out for siggys and return or do it in some more official way.

If they do just mail em out then I can competely see EB knowing they were coming, have them mailed to her at a friend or relative's address. Going off to run some errands, signing and returning them with her current DH none the wiser. Or for that matter, have documents and phone calls go through some associate and arrange the going wherever to sign to docs, returning home with DH none the wiser.

 

[Mountain_Kat]

Westside, you make an interesting point about AY saying he thought AB was taking care of the divorce. That comment completely slipped by me.

Hmmm.

 

[NcMomma]

Just a thought on EB's divorces. I have a friend that went through a divorce here in NC a few years back. Despite being served with papers twice her ex refused to sign anything. However, after their 1 year waiting period was over she went to court (he didn't show) and was granted her divorce right then and there, without his signature. They had no kids together and owned no property so there really was nothing to "settle". I also wonder if it works the same way if you can't find your "ex". Maybe you just have to list it in the paper closest to their last known address? I have seen a few of those in the local paper here. I believe they say something along the lines of "If you do not respond by such and such date the divorce will be granted".

 

[tlcya]

A glimpse into Elisa Baker's personal life and her ability to stay ahead of a porous marriage-licensing system help explain how a woman burning through relationships in the Appalachian foothills eventually came to meet Adam Baker, who lived halfway around the world in Australia

http://www.wcnc.com/news/local/AP-Exclusive-Zahras-stepmother-married-7-times-115178114.html

Looks as if LE is finding EB's trail of marriages/divorces just as muddy as we did.

 

[Hickory Born]

I am glad at least one past husband spoke up. From AP article:
http://www.wcnc.com/news/local/AP-Exclusive-Zahras-stepmother-married-7-times-115178114.html

"Husband number five was JA, who married Elisa on Oct. 3, 1997. Allred told The Associated Press he walked out in the spring of 1998, and was so damaged by the experience he never got a divorce.

"She messed me up bad. To this day I won't get married. Never," he said.

The AP wasn't able to find any record of a divorce, and court clerks who checked statewide databases couldn't find any divorce filings involving the pair in North Carolina."

 

[Mountain_Kat]

I'm not seeing the logic in that article. So let's break it down once again.

According to what I have worked out, EB's 1st 2 marriages were legal.
JW 85-86 (legal, annulled)
DP 87-92 (legal)
(so far, this agrees with article)

Her marriage to AH 91-95 would not have been legal, because she was still married to DP in 91.
(So far, still in agreement with article)

However, the article states her marriage to WP was not legal. I disagree. The marriage to WP was 94-99. Since she was never legally married to AH, that puts us back to the marriage with WP. That marriage was legally terminated in 92, so, as far as I can see, her marriage to Putnam in 94 would have been legal and binding.

That would mean the marriages to Allred ( 97-00 ) and Young ( 98-09 ) were both invalid, since she was still legally married to Putnam until 1999.

The article states that EB's marriage to Baker was invalid. I see no reason that it wouldn't be valid. She legally divorced Proctor in 99, and she was never legally married to Allred or Young, so her marriage to Baker in 2008 would have been perfectly legal.

JMO

 

[tlcya]

clear as mud. :sigh: What a mess. Whatever. As long as they keep finding things to charge her with and keep her in jail while they try to put together some of the charges I want to see. Something having to do with the neglect, abuse, murder and disposal of little Z.

 

[Dr. Know?]

Not sure if this is old or new. It's a new one to me and says a lot about EB.

Dismembered NC girl's stepmom led a troubled life

HICKORY, N.C. (AP) - Elisa Baker had an uncanny ability to stay ahead of bill collectors, police, social workers and her multiple husbands, The Associated Press discovered in an investigation of the woman who led authorities to the dismembered remains of her disabled, 10-year-old stepdaughter.

Few saw her pattern because when she abandoned a relationship, she usually severed all ties. In seven years, she had no fewer than 42 different addresses. During a different three-year stretch, she was married to three men at the same time.

more at link

http://www.kold.com/Global/story.asp...medium=twitter