2010.11.18 AB/EB Court Dates - Other Charges [MERGED]

[borndem]

Re the penalty for 2nd DM: The Sentencing Guidelines, NCGS 15A-1340-17, states that the minimum, Mitigated, with no prior felony points is 94--125 months (~7y/10m -- 10y/5m); the minimum, Presumptive, no points is 125--157 months; the minimum, Aggravated, no points is 157--196 months.

I do know of one case -- driving very drunk (not charged in the plea), hitting and killing an 18 y/o -- the defendant pleaded guilty to 2ndDM, and he got the minimum, 94--125 months.

So that's the ballpark we may be in here, unless EB acquired any points prior to her sentencing, which she apparently won't if a plea is forthcoming....

But I cannot see Mitigated or Presumptive with this murder, JMHO -- so maybe she might get 125 to 157 months. If this one isn't Aggravated, I don't think we'd ever see one.

...:maddening: And then, let the Feds take over...

:waitasec:

 

[JeannieC]

BBM I dont remember this. Do you have a link to where she said it? Not saying she didnt I just dont remember it, and it has been one of my biggest questions in this whole thing.TIA

I'll have to look. It was on TV. I believe it was the sheriff or someone in LE who actually stated it. From memory (and it has been a while) he said that she told them the body was at the locations she gave them and if her head wasn't there an animal must have gotten it. So it is actually second hand.

I don't believe it though. I think she is evil enough to have done something else with ZB's head and maybe thats how she's getting another plea which she does not deserve! mho

 

[JeannieC]

The key piece of evidence in this case appears to be the skulll and the other missing remains. Without these, the coroner has been unable to establish the cause of death. That might be what she is using for her plea deal.

 

[borndem]

She claimed an animal must have gotten it. I say put her in GP for a week and tell the inmates to find out where Zahra's head is. Give them a reward for finding it out.

ITA! And it might work, except that I still feel that she/he/they smashed her little skull to bits, put it in a trash bag & sprinkled it all over the woods & rivers of Catawba County.Obviously, they didn't want her found -- so I cannot see anyone disposing of the child's intact head. [Sorry to be so graphic, but that's what I think.]

 

[JeannieC]

ITA! And it might work, except that I still feel that she/he/they smashed her little skull to bits, put it in a trash bag & sprinkled it all over the woods & rivers of Catawba County.Obviously, they didn't want her found -- so I cannot see anyone disposing of the child's intact head. [Sorry to be so graphic, but that's what I think.]

If she knows where the skull is or the remains she'll offer it up to save herself. She might offer hubby up instead. So far he's Mr Innocent in the eyes of the law. *note, I said "eyes of the law" not LE. Give them one bit of evidence against him and he'll be in there too.

 

[westsidefox64]

I'll have to look. It was on TV. I believe it was the sheriff or someone in LE who actually stated it. From memory (and it has been a while) he said that she told them the body was at the locations she gave them and if her head wasn't there an animal must have gotten it. So it is actually second hand.

I don't believe it though. I think she is evil enough to have done something else with ZB's head and maybe thats how she's getting another plea which she does not deserve! mho

jeannie dont worry about finding it. I just hadnt heard it. I dont believe it either. IMO her skull is they key piece to her death she hid it well enough it will probley never surface.

 

[JeannieC]

jeannie dont worry about finding it. I just hadnt heard it. I dont believe it either. IMO her skull is they key piece to her death she hid it well enough it will probley never surface.

Thanks. I swear I didn't make it up. I remember thinking she hid the skull because it would be the one thing to show her guilt. Like blunt force trauma. I believe she knows where it is as well as where the remainder of her body is. Mr Innocent probably knows too. Sorry, I don't believe he is innocent.

 

[~n/t~]

Courthouse tightens security for Baker case

NEWTON --
One of Catawba County's biggest cases in recent years may come to a close Thursday, and law enforcement is tightening security

http://www2.hickoryrecord.com/news/2011/sep/14/courthouse-tightens-security-baker-case-ar-1391900/


How much time do you all think she will get?

 

[JeannieC]

It appears that there will not be a trial. According to WAXN TV tomorrow might be EB's last day in court. They delayed the court date for Zahra's mother to arrive and she will be involved in the plea deal. AB will also be there.

Media from all over the world have flown into NC to cover the court apprearance.

Zahra's mother is very apprehensive about this and very confused with this decision.

I'll link to the page when it appears online.

 

[JeannieC]

Zahra Baker Murder Case Could End Thursday

http://www.wsoctv.com/zahra-baker/29183933/detail.html

 

[Dr. Know?]

i'm not liking this so far. Well, I didn't like the 2nd degree murder charge at all! What's this sending to the minds of bad parents, not to mention defense lawyers? It's okay to abuse a child, dismember them, lie & hide their body if you cooperate? Don't care for that at all. Will she be in seculsion like Misty Cummings?

Come on states, wake up. It's costing the state & country billions & billions! Small towns need better backing for searches, most lack the funding to search for a few weeks. Are we spending more to house criminals than putting the money to help children? Gah!

Ah, I guess I'd better wait for tomorrow's update before blowing a gasket.

I don't like the word hate, but I hate that Zahra had to live & die like this. So sad.

 

[Lera213]

EB will not even state a word except, I agree with the plea and guilty.

ZB real mum will probably be able to address EB and give a victim impact statement as well as AB (gag).

The DA will call a few witness (LE) to state for the record what evidence they have that shows LB is guilty. Then that will be it.

My guess is she will get 15 to 25 years with a chance of parole however; the drug charges I'm hoping are federal charges and on those I don't think it can be plea'd down. She''ll have to do the full on those. I am no lawyer so don't bite my head off if I'm wrong!

Basically we will never know the truth!

 

[JeannieC]

i'm not liking this so far. Well, I didn't like the 2nd degree murder charge at all! What's this sending to the minds of bad parents, not to mention defense lawyers? It's okay to abuse a child, dismember them, lie & hide their body if you cooperate? Don't care for that at all. Will she be in seculsion like Misty Cummings?

Come on states, wake up. It's costing the state & country billions & billions! Small towns need better backing for searches, most lack the funding to search for a few weeks. Are we spending more to house criminals than putting the money to help children? Gah!

Ah, I guess I'd better wait for tomorrow's update before blowing a gasket.

I don't like the word hate, but I hate that Zahra had to live & die like this. So sad.

I am sick over this and it sounds like Zahra's mother is too. I hope she does get seclusion for life. (no GP might work better, look at Dahmer)
She should never be free again.

I just wonder if she gave anything up on AB. I will never believe he didn't have a part in this and in neglecting and abusing her.

I bet there will be a crowd outside of the courthouse. I might have to take a drive tomorrow! Get up early and ride.....

 

[lauriej]

EB will not even state a word except, I agree with the plea and guilty.

ZB real mum will probably be able to address EB and give a victim impact statement as well as AB (gag).

The DA will call a few witness (LE) to state for the record what evidence they have that shows LB is guilty. Then that will be it.

My guess is she will get 15 to 25 years with a chance of parole however; the drug charges I'm hoping are federal charges and on those I don't think it can be plea'd down. She''ll have to do the full on those. I am no lawyer so don't bite my head off if I'm wrong!

Basically we will never know the truth!

..from what i read---

..if she has changed her plea to "Guilty", i would think she'd have to allocute to the judge---in open court---and then we would get some answers as to what actually happened.

To "allocute" means to recite what you did when you committed a particular crime.

http://www.associatedcontent.com/articl ... tting.html

If you have decided to plead guilty to a crime in exchange for a lesser sentence, you may be required by the prosecutor to allocute to your crimes. In legal terms, allocution is the process of admitting guilt in open court as a formal statement. You must describe the nature of your offenses in detail in order to receive the other side of your plea bargain, which may be a lesser sentence as offered by the District Attorney's office.

For many criminals, legal allocution is the most difficult part of the legal process. Regardless of the nature of your offense, it can be difficult to describe the crime you committed in detail, particularly if it was an accident or a crime of passion. The purpose of allocution, however, is not to embarrass the defendant or to please the prosecutor, but to leave no doubt as to your guilt.

In violent crimes (those with a victim), legal allocution is also meant to be a form of closure either for the victim or for his or her family. They are usually present in the courtroom to hear the defendant allocute to his or her crimes, which is intended to give them a sense of finality. Nothing you say can ever take away the pain you might have caused them, but allocuting to your crime(s) is the right thing to do.

 

[Allusonz]

jeannie dont worry about finding it. I just hadnt heard it. I dont believe it either. IMO her skull is they key piece to her death she hid it well enough it will probley never surface.

IIRC it was not found. I believe it was was shown what was found in the documents which were release and the skull was not there

I don't believe for a 2nd that animals took it either

ETA The drawings indicating which bones were found is with the coroners report

 

[Lera213]

"You maybe required" Maybe that was part of her plea deal for her not required. *shrug*

 

[Allusonz]

As well if Zahra's biomom is comming into town it does appear to be so that a victim impact statement and possible input into the charges/sentencing

 

[JeannieC]

..from what i read---

..if she has changed her plea to "Guilty", i would think she'd have to allocute to the judge---in open court---and then we would get some answers as to what actually happened.

To "allocute" means to recite what you did when you committed a particular crime.


​

I believe you are right. I hope she has to stand there and tell the truth if its in her. She still claims Zahra died in her sleep, according to her cousin and only visitor.

 

[Allusonz]

I am sick over this and it sounds like Zahra's mother is too. I hope she does get seclusion for life. (no GP might work better, look at Dahmer)
She should never be free again.

I just wonder if she gave anything up on AB. I will never believe he didn't have a part in this and in neglecting and abusing her.

I bet there will be a crowd outside of the courthouse. I might have to take a drive tomorrow! Get up early and ride.....

MOO

I believe she did but LE sounds like they could not corroberate it. There is also the possibility that she did withhold info but if she presents it now it releases the prosecutors from the original deal.

Ok I am beginning to sound like whom she was married to and when think best to wait and see what transpires

This case simple has hit me to the pit of my stomach

 

[JeannieC]

IIRC it was not found. I believe it was was shown what was found in the documents which were release and the skull was not there

I don't believe for a 2nd that animals took it either

I don't think anyone does!