Emotional Toll

[borndem]

Yes, it is a super let-down if Zahra doesn't get her day in court, and for all the reasons you stated, Hickory. And I am also afraid that she will get a sentence that is way too short, since anything less than LWOP is too little. If she gets 10--20, I will be surprised.:furious:

The only thing we can look to, if a plea is taken, is that maybe the Feds will really sock it to her in a drug prosecution. She's got several serious charges pending, so we can hope for that.

And yes, folks, what about Adam? It's hard for me to believe that EB hasn't hung some crimes on him.... If the country deports him, will the gov't pay for his trip to Oz? ullhair:

Grrrrrrr...:banghead:.....

....:maddening:

 

[Hickory Born]

Is there a chane the Judge will not accept the plea deal? I would think he would have to okay it. A Judge recently in my state did NOT accept what opposing attorneys settled on...this was in a completely different type trial. But the Judge had the last word.

 

[borndem]

Is there a chane the Judge will not accept the plea deal? I would think he would have to okay it. A Judge recently in my state did NOT accept what opposing attorneys settled on...this was in a completely different type trial. But the Judge had the last word.

Well, Hickory Born, here is the law in North Carolina.... You did ask for a little "light" reading, didn't you????

(Please know that I'm not trying to be flippant or a smart-azz, it's just that the NCGS is where I go to find what the real rules are...)

Here goes:

Article 58.
Procedures Relating to Guilty Pleas in Superior Court.
§ 15A‑1021. Plea conference; improper pressure prohibited; submission of arrangement to judge; restitution and reparation as part of plea arrangement agreement, etc.
(a) In superior court, the prosecution and the defense may discuss the possibility that, upon the defendant's entry of a plea of guilty or no contest to one or more offenses, the prosecutor will not charge, will dismiss, or will move for the dismissal of other charges, or will recommend or not oppose a particular sentence. If the defendant is represented by counsel in the discussions the defendant need not be present. The trial judge may participate in the discussions.
(b) No person representing the State or any of its political subdivisions may bring improper pressure upon a defendant to induce a plea of guilty or no contest.
(c) If the parties have reached a proposed plea arrangement in which the prosecutor has agreed to recommend a particular sentence, they may, with the permission of the trial judge, advise the judge of the terms of the arrangement and the reasons therefor in advance of the time for tender of the plea. The proposed plea arrangement may include a provision for the defendant to make restitution or reparation to an aggrieved party or parties for the damage or loss caused by the offense or offenses committed by the defendant. The judge may indicate to the parties whether he will concur in the proposed disposition. The judge may withdraw his concurrence if he learns of information not consistent with the representations made to him.
(d) When restitution or reparation by the defendant is a part of the plea arrangement agreement, if the judge concurs in the proposed disposition he may order that restitution or reparation be made as a condition of special probation pursuant to the provisions of G.S. 15A‑1351, or probation pursuant to the provisions of G.S. 15A‑1343(d). If an active sentence is imposed the court may recommend that the defendant make restitution or reparation out of any earnings gained by the defendant if he is granted work release privileges under the provisions of G.S. 148‑33.1, or that restitution or reparation be imposed as a condition of parole in accordance with the provisions of G.S. 148‑57.1. The order or recommendation providing for restitution or reparation shall be in accordance with the applicable provisions of G.S. 15A‑1343(d) and Article 81C of this Chapter.
If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court should encourage the minor and the minor's parents or custodians to participate in rehabilitative treatment and the plea agreement may include a provision that the defendant will be ordered to pay for such treatment.
When restitution or reparation is recommended as part of a plea arrangement that results in an active sentence, the sentencing court shall enter as a part of the commitment that restitution or reparation is recommended as part of the plea arrangement. The Administrative Office of the Courts shall prepare and distribute forms which provide for ample space to make restitution or reparation recommendations incident to commitments. [FONT=Times New (W1)](1973, c. 1286, s. 1; 1975, c. 117; c. 166, s. 27; 1977, c. 614, ss. 3, 4; 1977, 2nd Sess., c. 1147, s. 1; 1979, c. 760, s. 3; 1985, c. 474, s. 2; 1987, c. 598, s. 3; 1997‑80, s. 2; 1998‑212, s. 19.4(e).)[/FONT]

.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1021.html
.
< and there's more>

§ 15A&#8209;1023. Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence.
(a) If the parties have agreed upon a plea arrangement pursuant to G.S. 15A&#8209;1021 in which the prosecutor has agreed to recommend a particular sentence, they must disclose the substance of their agreement to the judge at the time the defendant is called upon to plead.
(b) Before accepting a plea pursuant to a plea arrangement in which the prosecutor has agreed to recommend a particular sentence, the judge must advise the parties whether he approves the arrangement and will dispose of the case accordingly. If the judge rejects the arrangement, he must so inform the parties, refuse to accept the defendant's plea of guilty or no contest, and advise the defendant personally that neither the State nor the defendant is bound by the rejected arrangement. The judge must advise the parties of the reasons he rejected the arrangement and afford them an opportunity to modify the arrangement accordingly. Upon rejection of the plea arrangement by the judge the defendant is entitled to a continuance until the next session of court. A decision by the judge disapproving a plea arrangement is not subject to appeal. If a judge rejects a plea arrangement disclosed, in open court, pursuant to subsection (a) of this section, then the judge shall order that the rejection be noted on the plea transcript and shall order that the plea transcript with the notation of the rejection be made a part of the record.
(c) If the parties have entered a plea arrangement relating to the disposition of charges in which the prosecutor has not agreed to make any recommendations concerning sentence, the substance of the arrangement must be disclosed to the judge at the time the defendant is called upon to plead. The judge must accept the plea if he determines that the plea is the product of the informed choice of the defendant and that there is a factual basis for the plea. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1977, c. 186; 2009&#8209;179, s. 1.)



http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1023.html


<whew>

 

[Hickory Born]

Borndem, The flippant/smart-azz sentence was welcomed. First time I smiled all day.
Now will you please check the staues for us to find out if Elisa will have to allocute (tell what happened) when she makes her plea.

Thank you so much for your research.

 

[Allusonz]

Man I hope she has to divulge how this precious child was murdered. Zahra's story truly needs to be told as this little girl captured the hearts of far to many people from around the world

 

[Oriah]

Soooo...... I'm gonna hang out here today. My nerves are bothering me.

 

[Carolina Girl]

14 years, 9 months????????????

 

[borndem]

Borndem, The flippant/smart-azz sentence was welcomed. First time I smiled all day.
Now will you please check the staues for us to find out if Elisa will have to allocute (tell what happened) when she makes her plea.

Thank you so much for your research.

Well-l-l-l-ll, Hickory, I had already done searches :read:... :candle: for "allocute," :Banane37: "allocution," etc., and found nothing. :dunno: It could be called something else, :waitasec: but I've never heard it associated with any plea deal in our NC courts -- but do bear in mind, I was an English :read: major in college & do not have a law degree (!!!) .... :dunno:

But that would be sweet, huh??

 

[borndem]

14 years, 9 months????????????

I'll say again, It's a start!!

Let us hope that the Feds will tack about 100 years to that, and SOON!!!

 

[Allusonz]

I'll say again, It's a start!!

Let us hope that the Feds will tack about 100 years to that, and SOON!!!

I do believe that we have to remember that this is a start. There are still the federal charges and I have to hope they give the max for those ones

 

[tlcya]

Trying not to blow my stack over the 177 to 222 months thing but I sure hope the Feds have a big ole heap of additional time to tack onto that paltry sentencing info.

 

[NoeticSoul]

Trying not to blow my stack over the 177 to 222 months thing but I sure hope the Feds have a big ole heap of additional time to tack onto that paltry sentencing info.

::grouphug::

As far as I've learned in all this, they do.

I have no words. I just came for a hug...

 

[tlcya]

:hug: for all Zahra's angels here.

 

[borndem]

::grouphug::

As far as I've learned in all this, they do.

I have no words. I just came for a hug...

:seeya:Sending positive vibes:blowkiss: & wishes your way, :heartbeat: NoeticSoul - :balloon: Let's think about our Zahra running, swimming, climbing trees, jumping rope, and being in a new place with total love, light and wonder.:angel: :cloud9:

:hug:....:balloons:.....:hug:......:rose:

It's hard to smile today, I know...

 

[Oriah]

::grouphug::

As far as I've learned in all this, they do.

I have no words. I just came for a hug...

I agree, Noetic. I came for a hug too. :blowkiss:

This is not the end.
But gosh it is stressful in the process.

<<Hugs>> my friends.

 

[Mountain_Kat]

Literally sick to my stomach. Not so much over EB sentence, but over the fact that AB gets to walk away from his part in all this without so much as a slap on the wrist.

(self editting here, because what I want to say would get me perma-banned)

I hope Adam Baker lives to be a VERY old man, and that every waking moment of his life is filled with unspeakable pain and misery.

 

[2goldfish]

Trying not to blow my stack over the 177 to 222 months thing but I sure hope the Feds have a big ole heap of additional time to tack onto that paltry sentencing info.

this. I've been reading through here all day trying to not be as upset and angry as I am. at least this isnt the injustice caylee got, at LEAST and it's sickening that I feel grateful for that.

 

[Allusonz]

Wishing that the family can come together and lay this sweet angel to rest in a dignified manner.

{{{{{hugs}}}}}}}}

 

[marge_rita]

Literally sick to my stomach. Not so much over EB sentence, but over the fact that AB gets to walk away from his part in all this without so much as a slap on the wrist.

(self editting here, because what I want to say would get me perma-banned)

I hope Adam Baker lives to be a VERY old man, and that every waking moment of his life is filled with unspeakable pain and misery.

Actually, I feel much the same.

I tried to keep up with the trial but the heartache I felt kept me away.
I didn't want to hear any more details. EB's sentence, nothing will be harsh enough imo. Knowing AB walks away with no punishment, I don't know how to even put how I feel into words.

Luckily my faith allows me to know that an angel is playing in heaven never to be harmed again.

imo

 

[TrixieBelden]

Literally sick to my stomach. Not so much over EB sentence, but over the fact that AB gets to walk away from his part in all this without so much as a slap on the wrist.

(self editting here, because what I want to say would get me perma-banned)

I hope Adam Baker lives to be a VERY old man, and that every waking moment of his life is filled with unspeakable pain and misery.

Agreed-IMO he always looks SO ashamed on TV -if he has any feelings at all he will suffer forever knowing that the death of his daughter could have been prevented if he had paid just a *little* attention to her and her wellbeing.