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

[impatientredhead]

I have to agree with this. I also think that if EB cooperated under this agreement with the presumption that she was an accessory and not the main player. If evidence determines that EB was the main player, this agreement could have grounds to become null and void.

We know that EB was stating that Zarha was ill and that is what caused her death. Depending on the circumstances, failure to get Zarha medical care could result in a 2nd degree murder charge (where there is no premeditation but a total lack of regard for human life). Even if the rape theory was put into play here, it would still amount to 2nd degree murder charges being placed on EB.

If it is true they are trying to have the agreement nullified, I would bet that the agreement was made on the presumption that EB was leading them to believe she was an accessory and not the main player. If it comes to light that EB misled them and was in fact the main player...the contract can become null and void because one of the parties involved was not showing "good faith" at the time the agreement was made.

So we understand it a little better, North Carolina law states that an accessory to murder is prosecuted and punished the same as 1st degree murder...the DP would be on the table for an accessory to murder.

Do you have a link the statute for accessory after the fact? Maybe it has changed but I posted the link to the statute I found for the state an that is not what it said at all. Said the accessory could be charged with original offense minus two degrees. Maybe there is a more current version?

Being executed as an accessory (or as a getaway driver) was overruled by the supreme court. Just like all the states that said they were going to start executing child rapist and the supreme court said it was not allowed. Only the killer can be executed, the secondary players can only face lwop at a maximum.

 

[passionflower]

Grand Jury meets on this MONDAY? Right..........let's see what happens.
Can they over ride the DA??

 

[sreshowtime]

When I read that my mind went to they took her from OZ illegally????JMO

That is what I thought too.
Maybe LE was wanting to see if there had been any communication with anyone in Australia during that time frame.....
wasn't this during the time that ED was trying to reach out to KB? Maybe thinking ED might have some legal grounds to Zahra, spurred the ugliness to its peak. Especially if Zahra was brought to the US with forged, or improper documentation...
who knows:banghead:

 

[Allusonz]

The prosthetic was found by investigators on the 26th

http://www.wsoctv.com/zahra-baker/25564797/detail.html

The prosthetic was found off Christie Road in Caldwell County late Tuesday afternoon, Hickory Police Chief Tom Adkins said. Police are still working to positively confirm that it is Zahra’s prosthetic through a serial number.
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The "ITEM" from Dubbs was brought in around the 23rd

http://www2.hickoryrecord.com/news/...-filing-baker-shows-her-help-case-ar-540284/#

The beginning part of the motion also states that on Oct. 22, Elisa talked to her attorneys and investigator, about the circumstances about the disappearance and/or death of Zahra.

During the late evening and early morning hours of Oct. 22 and Oct. 23, "the defense team verified that certain information provided by Ms. Baker was reliable. As part of that verification, the defense team located and collected a significant item of evidence."

The following day, on Oct. 24, law enforcement was told that Zahra was dead, and "her body had been dismembered and that it would be recovered at different sites. The piece of evidence collected by the defense was turned over to law enforcement."
------------------------------------------------------------------------So, the prosthetic is NOT the "item" Dubbs brought in to LE whatever the item is, it definitely started the ball rolling for EB to be taken out on the body parts and prosthesis hunt.

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

 

[westsidefox64]

Grand Jury meets on this MONDAY? Right..........let's see what happens.
Can they over ride the DA??

That would be a really good question for thr lawyers thread. Im not sure how to move it.
I saw where someone said they cant over ride the DA But I honestley dont know if its a fact or just what that poster thought, not even sure what thread I read it in. JMO

 

[mikeysmommom]

When they cut a deal don't they ask the family how they feel about it first?Since Adam may be involved , wouldn't they have to ask Emily since she is her mother? Would she agree to this kind of a deal?Well from the comment section in the newspapers If I was EB,I would want to stay safe in a cell.People are talking about street justice.Can you blame them? I can not.LE must be extremely upset as well.They searched for Zahra,had to find her in pieces and now a main player in her death gets a deal.Hopefully they can add kidnapping and abuse charges so the years add up to Life in Prison even with her deal.

 

[mikeysmommom]

I have followed crimes since late seventies and I can not remember anyone ever cutting a deal before being charged.It is mind boggling.

 

[impatientredhead]

That would be a really good question for thr lawyers thread. Im not sure how to move it.
I saw where someone said they cant over ride the DA But I honestley dont know if its a fact or just what that poster thought, not even sure what thread I read it in. JMO

They can't overruled the prosecutor.
Their function/purpose is different.
I would think they are going to be ruling on indicting Adam.
She provides the physical evidence, cuts the deal, and testifies.
It will be interesting to see if EB is called there to testify, or if they even need her for the indictment.

But when you hear people talk about how powerful and important the prosecutor is to a county it is because the carry soooo much power in who gets charged, charged with what, what deals are cut, who gets immunity, who gets executed. In most places it is an elected position.

Hopefully there is more to be seen that will explain the choices he made. If not, his job will be up for renewal at some point.

 

[impatientredhead]

When they cut a deal don't they ask the family how they feel about it first?Since Adam may be involved , wouldn't they have to ask Emily since she is her mother? Would she agree to this kind of a deal?Well from the comment section in the newspapers If I was EB,I would want to stay safe in a cell.People are talking about street justice.Can you blame them? I can not.LE must be extremely upset as well.They searched for Zahra,had to find her in pieces and now a main player in her death gets a deal.Hopefully they can add kidnapping and abuse charges so the years add up to Life in Prison even with her deal.

They can, and frequently do contact the family, but they are not required to.

EB and AB had a ton of time to concoct this assanine plan of theirs, they had to have discussed that LE was going to tell them the other one was talking yada yada, to not fall for it, as long as they have no evidence they can't convict them.

And then EB told her attorney where to collect evidence, slammed out a deal, and AB better hope he is not about to be indicted on a murder one charge while EB tells the jury how he killed Zahra and dismembered her body.

 

[Lera213]

I think locals should be camping out on the DA's office door, NON VIOLENT of course, and start a campaign to let the DA know that there is a force of people who will actively make sure he isn't re-elected for his incompetence.

 

[mikeysmommom]

We need to get back to how people protested in the streets, Whatever happened to that? I was just a baby then lol or I would have been marching.

 

[Carolina Girl]

And another thing, in the article Westside linked...it says they are being investigated for "kidnapping'.

Phone records for Adam and Elisa were requested, from Sept. 18 through Oct. 11, because, according to the search warrants, investigators believed both may have participated in kidnapping.

Now unless Adam had Zahra when he was not supposed to...why Kidnapping? Zahra lived with them. Strange I think. I can't think of another case where the parent was investigated for kidnapping when the child lived with them.....anyone got an easy answer for that? I guess maybe LE was just going with the story at the time? IDK.

IMO, if there is a custody agreement in Australia, that says Emily is supposed to be seeing Zahra, and AB and EB gave false information to get Z out of the Country....That constitutes Kidnapping.

 

[Sherbie]

And another thing, in the article Westside linked...it says they are being investigated for "kidnapping'.

Phone records for Adam and Elisa were requested, from Sept. 18 through Oct. 11, because, according to the search warrants, investigators believed both may have participated in kidnapping.

Now unless Adam had Zahra when he was not supposed to...why Kidnapping? Zahra lived with them. Strange I think. I can't think of another case where the parent was investigated for kidnapping when the child lived with them.....anyone got an easy answer for that? I guess maybe LE was just going with the story at the time? IDK.

I'm not sure kidnapping charges could be filed here for taking her (maybe illegally) from Australia...wouldn't those charges have to originate there?

The only other thing I can think of is kidnapping in the sense of taking or holding someone against their will -- as in maybe locking her up in the home such that she couldn't escape or taking and leaving her somewhere she couldn't escape (maybe another person's home, abandoned building, etc.).

 

[wenwe4]

I don't believe it was the prosthesis that EB had Dubbs bring to the DA. If there was nothing wrong with the leg - what would that matter? Even if the gel liner had been removed - it may not even hold evidence (except it's serial #'s). I think the item that was handed over via her Atty was much more indicative of the actual dismemberment (ie: the tool used to dismember Zahra). If EB hid the saw that was used from AB, and when she got stuck in jail and he didn't - she started writing the Gein website and whining about how unfair it was that he was going to throw her under the bus. I think the item she handed over was a positive evidence of the dismemberment.

 

[Carolina Girl]

I'm not sure kidnapping charges could be filed here for taking her (maybe illegally) from Australia...wouldn't those charges have to originate there?

The only other thing I can think of is kidnapping in the sense of taking or holding someone against their will -- as in maybe locking her up somewhere or taking and leaving her somewhere she couldn't escape (maybe another person's home, etc.).

You may be right. But I would think it is something that needs to be determined, and I feel certain that Australia is looking into it as well. I do not know what type of agreement the USA has with AU in such matters.

 

[Carolina Girl]

I don't believe it was the prosthesis that EB had Dubbs bring to the DA. If there was nothing wrong with the leg - what would that matter? Even if the gel liner had been removed - it may not even hold evidence (except it's serial #'s). I think the item that was handed over via her Atty was much more indicative of the actual dismemberment (ie: the tool used to dismember Zahra). If EB hid the saw that was used from AB, and when she got stuck in jail and he didn't - she started writing the Gein website and whining about how unfair it was that he was going to throw her under the bus. I think the item she handed over was a positive evidence of the dismemberment.

From your fingers to God's ears.

 

[FaerieB]

I'm not sure kidnapping charges could be filed here for taking her (maybe illegally) from Australia...wouldn't those charges have to originate there?

I asked this question on the 'questions for our verified lawyers' thread, and was assured that yes, those charges would have to originate in Aus. HTH.

 

[passionflower]

How many years would each offense for EB add up to?
kidnapping
bad checks
drugs
run off road, attempting to kill someone
scams like England guy $10,000
abuse, neglect, Zahra's whole case of murder
abuse of corpse
lying to LE
ransom note
could they all add up to 40+ years? EB natural life span in jail???
Just thinking that DP, LIFE off table just for this crime, but add them all together!
IMO, maybe DA thinks he can get AB, and a couple more people for this crime through a deal with EB................3 or 4 perps (DP) for the price of this deal.
Hopefully this deal has loopholes also!!!

 

[passionflower]

I have followed crimes since late seventies and I can not remember anyone ever cutting a deal before being charged.It is mind boggling.

ITA no charges yet a deal????

 

[Meagain]

I can't imagine they gave such a deal for merely finding the body especially when they had an apparent boatload of evidence in the house!

I suggest the deal was to get more perps.