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

[vjlaw]

That info was contained in the motion to reduce bond.

ETA: Here's the link: http://images.bimedia.net/documents/111510+elisa+baker+bond+redux.pdf

This motion was sent to the Hon. Jay Gaither. The DA is James Gaither, Jr. JMO, but the motion is going no where.

 

[Mountain_Kat]

This motion was sent to the Hon. Jay Gaither. The DA is James Gaither, Jr. JMO, but the motion is going no where.

I posted that link for another poster who was asking where it was stated that Dubs retrieved a crucial piece of evidence.

But speaking to your point here, I don't think Dubs thought for one second she was actually going to be able to get EB's bond reduced. I think she simply wanted the info that EB cooperated with LE well established in everyone's mind. JMO

 

[athy]

with the agreement being between the lawyers is it possible for the judge to say look this crime is too heinous and to overrule the agreement?

 

[vjlaw]

I posted that link for another poster who was asking where it was stated that Dubs retrieved a crucial piece of evidence.

Yeh I know. I went back to read it too and noticed the name of the judge. After taking note of the DA. Just pointing that tidbit out. Wonder if they are related and would think LD may get motions moved out of his court as conflict if they are. Or if the DA wants to withdraw their deal.Jmo

 

[Mountain_Kat]

with the agreement being between the lawyers is it possible for the judge to say look this crime is too heinous and to overrule the agreement?

I don't believe so.

http://www.experiencedcriminallawyers.com/articles/plea-bargain-plea-agreements/

Does the plea deal have to be approved by the judge?
Yes, in a way it does. It is a judge’s responsibility to make sure the plea agreement is legal and done according to the laws of your state and the United States Constitution. He does this by ensuring that the agreement involves:

1. Mutual agreement (no one can make you enter a plea agreement),
2. Evidence to support the charges you are agreeing to plead guilty to, and
3. Your acknowledgment that your plea waives your right to a trial.

While the judge doesn’t typically have input into the details of the plea agreement it is always his job to ensure the procedures within his court are done according to the law of the land, with your rights in mind.

(I take this to mean, the role of the judge is simply to make sure that plea deals are conducted according to the law. But apart from that, a judge can not intervene.)

 

[Mountain_Kat]

Yeh I know. I went back to read it too and noticed the name of the judge. After taking note of the DA. Just pointing that tidbit out. Wonder if they are related and would think LD may get motions moved out of his court as conflict if they are. Or if the DA wants to withdraw their deal.Jmo

Gotcha.

 

[sarx]

Is there somewhere now to view all of the unsealed warrants? TIA

 

[Melanie]

wai, wai, wait a minute. If she's being so cooperative, then where is ALL of Zahra? Why is AB still walking around. I'm sorry, but I don't call this cooperation. I call it a wild goose chase and know EB is lying out of her sorry little <modsnip>.

MOO

Mel

 

[Mountain_Kat]

Is there somewhere now to view all of the unsealed warrants? TIA

Salvarenga did an awesome job of linking them, along with brief summaries of what each contains. They are in the Official Documents sticky.

 

[SherlockHomey]

Have we seen any tools listed as being removed by LE that would be used in a dismemberment? Is that the missing piece we haven't seen pulled by LE because some brought it to them. Here ya go, test it, her body has been dismembered, my client will take you to the remains?

In one of the warrants, a knife with a sheath was removed.

 

[Mountain_Kat]

My thinking is that, whatever was offered up by Dubs, was something we won't find listed on any of the search warrants. LE didn't retrieve this item, Dubs did.

And I haven't the foggiest clue what that piece of evidence might be.

 

[mikeysmommom]

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&#8217;s convicted, she would not face the death penalty or life in prison without parole.

That&#8217;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&#8217;s office to get involved.

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

It should be throw out because at the time she was not entitled to have a DP lawyer, as she had not been charged with murder and still hasn't.How dare they take away LWP,DP should have been all that was offered if anything.:furious:She is a big fat liar,if she did not tell whole truth wont it get throw out because of that.That woman would not know the truth if it bit her on her arse.:furious:

 

[sorrell skye]

We need to look closer at the "item" Dubs retrieved, its definitely got a lot to do with what is transpiring today.Any thoughts on what the item could be?
This is around the time plea was made? correct?

Here's a snip And then link to article,

Dubbs told NewsChannel 36 that Gaither should know that the defense always has the right to look for evidence. She says that in this case the unspecified item was brought to Gaither himself to prove that Elisa Baker would cooperate truthfully.


http://www.wcnc.com/home/DA-Says-Th...ake-Arrest-in-Zahra-Baker-Case-108503144.html

I don't like this bit of news one bit, especially in light of the recent revelation about the *no DP/no LWOP* deal for EB.

If EB's attorney had knowledge (provided by EB) & possible possession of incriminating evidence pertaining to a homicide investigation, and used this piece of incriminating evidence as leverage to broker a deal for her client - well, let me just say that, IMO, it stinks to high heaven.

"The defense always has the right to look for evidence" - sure - evidence that could possibly exonerate her client of the crime.

But to use incriminating evidence that likely points to her client's alleged involvement in a child's homicide and/or the disposal & cover-up of the homicide as a means to broker her client's immunity from the DP & LWOP?!

I'll say it again - this deal stinks to high heaven, IMO.

Yes, Zahra's remains (as well as other evidence) were found sooner rather than later as the result of this deal.

Nevertheless, I have zero respect for an attorney who would sell evidence & who would sell her client's cooperation (and make no mistake, this evidence has been sold, in a manner of speaking, and EB's cooperation has been bought) in exchange for a lesser sentence, should her client be charged.

I'll also say this: IMO, Gaither revealed a possible lack of faith in the homicide investigators when he brokered this deal, and IMO, he made a deal with the devil, and I hope he's reminded of it when election time comes around.

 

[mikeysmommom]

If I understand correctly. I may not mind you. The only thing that the DA could possibly want to with drawl this is his own mistake of thinking one person is the main character and an implication that it is another.

Maybe I need to post this in the Questions for Lawyers'Thread but why would the death penalty and life in prison be on the table in the first place? To say I'm confused is an understatement and maybe it's because I'm so angry I'm not seeing the obvious but -

There are no charges after two months of investigation so why would EB make a deal if she wasn't charged? Why would the DA make a deal if the charges weren't sitting on his desk? So the conversation with her lawyer had to be "We will reduce the charges if. . ."which means charges of some kind have to be coming.

I'm putting my faith in LE here. There is a whole lot more to this bizarre case than we know now and may not know until it's over. I just pray that this isn't another Karla Homolka situation where the Deal with the Devil is just the beginning of the nightmare of things to come.

I think if they tried to pull off a deal with the devil, they will have mobs of unhappy people protesting and going crazy.Zahra is loved by many people all across the USA who will travel for justice to be done.IMO

 

[sreshowtime]

"The defense always has the right to look for evidence"

but does that mean they can literally BRING it to LE?? Shouldn't LE be told of it and allowed to obtain it and scrutinize the surroundings with care??? I mean look for it but actually retrieve?
Seems counter productive...just odd

 

[simlyme]

I don't like this bit of news one bit, especially in light of the recent revelation about the *no DP/no LWOP* deal for EB.

If EB's attorney had knowledge (provided by EB) & possible possession of incriminating evidence pertaining to a homicide investigation, and used this piece of incriminating evidence as leverage to broker a deal for her client - well, let me just say that, IMO, it stinks to high heaven.

"The defense always has the right to look for evidence" - sure - evidence that could possibly exonerate her client of the crime.

But to use incriminating evidence that likely points to her client's alleged involvement in a child's homicide and/or the disposal & cover-up of the homicide as a means to broker her client's immunity from the DP & LWOP?!

I'll say it again - this deal stinks to high heaven, IMO.

Yes, Zahra's remains (as well as other evidence) were found sooner rather than later as the result of this deal.

Nevertheless, I have zero respect for an attorney who would sell evidence & who would sell her client's cooperation (and make no mistake, this evidence has been sold, in a manner of speaking, and EB's cooperation has been bought) in exchange for a lesser sentence, should her client be charged.

I'll also say this: IMO, Gaither revealed a possible lack of faith in the homicide investigators when he brokered this deal, and IMO, he made a deal with the devil, and I hope he's reminded of it when election time comes around.

So true SS, and on top of that,if the item implicates anyone else besides EB, WHY hasnt there been any other arrests? If shes telling the truth as they claim she is, surely shes not leading Dubs to anything that would make her look worse, so, wheres the punch line? KWIM?
This whole thing is turning out to be nothing but a 3 ring circus, animals and all, SHAME ON ALL OF THEM!!!!! May the DEMONS haunt them forever!!!:furious::banghead::sick:

 

[Bia.]

There is no evidence that EB murdered Zahra and the ONLY evidence they have was given to them by EB. Due to the media attention this case has gotten she will not have a fair trial, no way. So of course, a deal had to be made.

Defense Lawyers have a job to do, they absolutely have to do what is best for their client. So I am not surprised by this at all.

Not defending this monster but the law is the law and everyone is entitled to a fair trial in the court of law.

 

[newone]

Unless she did it herself why are there no other arrests.

 

[Bia.]

Unless she did it herself why are there no other arrests.

I believe LE wants to gather everything they can before they start doing damage. The last thing they want is for someone to walk. EB has pretty much already given herself up for something (maybe not the murder but she made it clear she was involved), so now they have to get everything they need to nail AB.

 

[simlyme]

I think if they tried to pull off a deal with the devil, they will have mobs of unhappy people protesting and going crazy.Zahra is loved by many people all across the USA who will travel for justice to be done.IMO

I dont believe this, there's millions of people who have not heard of this case.
Theyve more or less already pulled the deal:furious::furious: