NC - Zahra Clare Baker, 10, Hickory, 9 Oct. 2010 #36

[nursebeeme]

Okay, I am left in the lurch here - anybody got a quick update - just got home form work and am like at least 6 pages behind.....pretty please ...:waitasec:

1- EB was to be in court at 10 am in burke county to try to get a bond reduction on her larceny by employee charge.. judge told her to return at 2pm for probable cause hearing on this charge

2-EB goes back to jail to wait

3-EB back to the courtroom at 2pm

4-as of 4:00 pmish Rad tweets that she still has not had her hearing

5-news breaks that confirms the prosthetic leg was Zahra's and it was id'd by serial number via transponder implanted in the leg... number from OZ.

6-LE also states they are back at the home looking for additional evidence but will not elaborate what

7-EB indicted by a grand jury on the felony obstruction of justice charge!

 

[tlcya]

ok - now what does this mean? Does it mean there are no murder charges coming down? Or will they just add those to it? Why announce the obstruction charges and nothing else?

I'm comfuzzeled!!!!

MOO pressure being exerted. But as some of our legal eagles onboard have mentioned in the past, once murder charges are sought and levelled, the clock starts ticking.

I think DA is smart and giving LE as much time as possible to build the case. The petty charges could have been bonded out on but with the GJ looking at charges on the obsruction, if they indict, and they will, mark my word, then EB is stuck in jail and right where they want her while they finish investigating and gathering evidence for the big TA DAH later.

 

[tehcloser]

Dear GJ, The obstruction charges are nice, but can we get murder 1 to go along with it? Thanks, teh.

 

[nursebeeme]

ok - now what does this mean? Does it mean there are no murder charges coming down? Or will they just add those to it? Why announce the obstruction charges and nothing else?

I'm comfuzzeled!!!!

it doesn't mean that at all imhoo.

It just means that they presented the GJ with the evidence on that particular charge (felony obstruction of justice) which will bode well for them on wednesday of this week for the probable cause hearing for the felony obstruction of justice.

it does not appear that investigators are done gathering evidence at the house... so no worries that any other charges will not be heard by the grand jury in the near future.

moo

 

[SherlockHomey]

Elisa indicted on obstruction of justice charge by grand jury in Caldwell County per Ray twitter

 

[SherlockHomey]

it doesn't mean that at all imhoo.

It just means that they presented the GJ with the evidence on that particular charge (felony obstruction of justice) which will bode well for them on wednesday of this week for the probable cause hearing for the felony obstruction of justice.

it does not appear that investigators are done gathering evidence at the house... so no worries that any other charges will not be heard by the grand jury in the near future.

moo

This will keep her in jail for a bit until they can get the case lined up, JMO.

 

[tlcya]

Dear GJ, The obstruction charges are nice, but can we get murder 1 to go along with it? Thanks, teh.

patience friend, I think those are coming down the pike.

 

[JoeFromLB]

Quick update: 21 21st Avenue NW, It appears that they are finishing up. They were clearing up their equipment around 4:30 when my husband was there. Bringing out the spotlights they used, winding up the extension cords, and raking. The guys from the mobile SBI lab showed up in a Mustang and went inside the lab. They were putting trash and stuff in garbage bags etc.
Have a few pictures I will upload when Petie gets home.

I skipped pages 15 - 21 because I wanted to get this info out. I'll go play catch-up now

Can you tell how much of the house they actually took apart? I haven't heard any details on that yet.

 

[Peliman]

Also on Monday, Elisa Baker, the stepmother of Zahra Baker, was indicted by a Grand Jury on an obstruction of justice charge related to the investigation of her missing 10-year-old stepdaughter.

Thanks, the GJ is hearing evidence on EB. YeeHaa! Since I believe Zahra is no longer with us, I'm just waiting for the shoes to drop. I also feel it will be a few days if not next week until the Grand Jury hears enough to indict EB or possibly others.

Possible delays - I have read in N.C. law there is a possible use immunity clause if needed. Hopefully charges will come sooner but I'd rather they be more accurate than speedy.

 

[ynotdivein]

ok - now what does this mean? Does it mean there are no murder charges coming down? Or will they just add those to it? Why announce the obstruction charges and nothing else?

I'm comfuzzeled!!!!

Today, all they had evidence for the GJ about was the obstruction of justice (pretty cut and dried since she admitted it).

If I were on that grand jury I'd be expecting to be called back in sometime soon to look at charges of murder, abuse of a child, abuse of a disabled person... whatever the evidence they have will allow them to charge her with. As soon as they feel comfortable that they have enough evidence and the testing results are back.

 

[tehcloser]

patience friend, I think those are coming down the pike.

BBM, there's that thingie I don't have again. I know it's coming...sigh. I just want it now. I want Zahra found today and I want those responsible locked up today. :banghead:

 

[nursebeeme]

patience friend, I think those are coming down the pike.

ITA

also... with the probable cause hearing on this charge on Wednesday a true bill will fit nicely..

also... could it be a legal maneuver to stop the probable cause hearing if they got the true bill??? Did they put this before the GJ so that they do not have to have any of their investigation leaked during such a high profile hearing like this?

If they have a GJ indictment it will make the probable cause hearing moot right?

(((anybody a lawyer????)))

 

[tlcya]

I agree, I think we are waiting for labs and what not before GJ hears anything about murder charges.

 

[JoeFromLB]

ITA

also... with the probable cause hearing on this charge on Wednesday a true bill will fit nicely..

also... could it be a legal maneuver to stop the probable cause hearing if they got the true bill??? Did they put this before the GJ so that they do not have to have any of their investigation leaked during such a high profile hearing like this?

If they have a GJ indictment it will make the probable cause hearing moot right?

(((anybody a lawyer????)))

Here in California, a GJ indictment is sought in order to bypass the preliminary hearing on the charges. I don't know how they do things in NC.
I would think a probable cause hearing now is moot.

 

[Mountain_Kat]

Breaking News: FoX News reported prosthetic leg does belong to Zahra

I know we all already knew this was coming, but the confirmation just makes my heart ache.

 

[nursebeeme]

question:

did she have her arraignment for the felony ob charge? if so what plea did she enter?

tia...

 

[tlcya]

welcome back MK, yes, the beginning of the end for EB imo, but yes, disheartening for those who dared to hope there was a less nefarious answer to the question what happened to Z

 

[nursebeeme]

Here in California, a GJ indictment is sought in order to bypass the preliminary hearing on the charges. I don't know how they do things in NC.
I would think a probable cause hearing now is moot.

thank you Joe! This is what I am figuring... they don't want any details made public yet so they went the GJ route for the indictment.

 

[wfgodot]

ITA

also... with the probable cause hearing on this charge on Wednesday a true bill will fit nicely..

also... could it be a legal maneuver to stop the probable cause hearing if they got the true bill??? Did they put this before the GJ so that they do not have to have any of their investigation leaked during such a high profile hearing like this?

If they have a GJ indictment it will make the probable cause hearing moot right?

(((anybody a lawyer????)))

From a NC lawyer's site:

"After the first appearance before a District Court Judge, the case remains in District Court unless and until a grand jury returns an indictment against the defendant alleging that a crime has been committed and that the Grand Jury has found probable cause to believe that the defendant committed it."

So I guess that means it's rendered moot now.

http://www.mbr-law.com/felonystate.htm

 

[peg4x4]

totally off topic but has actor Randy Quaid lost what was left of his mind?!?! Hoolywood hit squads "whacking" actors?!?!

okay, sorry, back on topic.

Yes,yes he has..