Why is Adam Baker not in jail?

[newone]

If AB falsified documents to obtain ZB's passport, would we be hearing anything from Aus authorities to this effect?
Isn't the permission of the non custodial parent (bio mom) required in Oz to acquire a minor's passport? (I believe it is)
I have looked on the threads to see if this issue has been addressed and was unsuccessful.

 

[tlcya]

We did indeed debate this in the threads for Zahra pre-forum for Zahra. a link to just a few of the posts regarding how Zahra came to be here without ED's knowledge is here

http://www.websleuths.com/forums/search.php?searchid=3654672

The immigration issue has also been discussed on the thread regarding AB immigration [ame="http://www.websleuths.com/forums/showthread.php?t=119352"]AB's Immigration Status - Websleuths Crime Sleuthing Community[/ame]

hope that helps

 

[Mrs G Norris]

OK....unfortunately not going to Giru today after all would have pushed the friendship a bit far....on why no-one in Australia has said anything about AB's past perhaps no-one wants to admit knowing him, or be brought into the story, but perhaps he was not much of a socialiser? He seems to be quite enmeshed with mum if you ask me, and a very dependent fellow....I am not seeing him as a guy that had many friends outside of immediate family.

 

[newone]

tlcox -- thanks for the link --

 

[tlcya]

ty Mrs G Norris. I also don't see him as socially outgoing. I think he is not a social butterfly but what I would consider to be the oposite. Not terribly articulate, not terribly outgoing, probably more awkward in social settings without mum or rest of family he feels comfortable with to sort of "lead the way". I would think he is closest to his brothers and get the sense mom is a very "see to the details of daily life" person. Would totally explain my thoughts on why AB seems so passive and ready to let the woman in charge BE the woman in charge.

Totally understand about the not making the visit and pushing the bounds as it were.

I also agree that many who do know him on whatever level may not wish to specualte or add any fuel to the fire as well. They may just not wish to expose themselves to the world and feel whatever they know of AB is irrelevant to what is happeneing now.

Who knows. If anyone were speaking it may just be more of what we've heard. Nice guy, hard worker, etc.

 

[Mrs G Norris]

Agree Ticox, and sure KB took care of ALL Zahra's needs too.

 

[little lulu]

I don't know where else to put this.
Have been wondering about something, if, AB is arrested for 1st degree murder and convicted, him not being a citizen of the US...can the death penalty be carried out??

Another question, are they still searching for remains, has there been any mention of this?

Thanks.

 

[BritsKate]

I don't know where else to put this.
Have been wondering about something, if, AB is arrested for 1st degree murder and convicted, him not being a citizen of the US...can the death penalty be carried out??

Another question, are they still searching for remains, has there been any mention of this?

Thanks.

Theoretically, yes, and if that were to occur the consulate will more than likely play an advisory role to AB but they cannot interfere in the sentence a state hands down. However, if AB were to return to Australia and then be charged for murder Australia would refuse extradition if the death penalty was on the table.

Currently there are no Australian nationals on America's Death Row...not that it matters but I found it interesting.

 

[sherryk]

I am patiently waiting also for an arrest. I know that many facts and all evidence needs to be confirmed. I do know they could assest him on probable cause but from my understanding when arrested the clock starts with all the legal time frames and disclosure of information the prosecution has against him. I am assuming this is why no arrest have been made yet for him.

I do not believe for one second that this man AB had nothing to do with it. I feel that he is quilty of several charges. I would think that fresh finger prints along with dna from himself and Zhara would be on any tools to dismember her.

I feel as if he is as guilty as EB equal amount of quilt in this.
I pray for an arrest soon. I hate him even thinking for one second that he is getting away with anything at all.

Keeping fingers crossed that he will soon never be a free man again.

 

[Allusonz]

Theoretically, yes, and if that were to occur the consulate will more than likely play an advisory role to AB but they cannot interfere in the sentence a state hands down. However, if AB were to return to Australia and then be charged for murder Australia would refuse extradition if the death penalty was on the table.

Currently there are no Australian nationals on America's Death Row...not that it matters but I found it interesting.

Australia does not have the death penalty. Not sure if that will play a role in this or not

 

[Mrs G Norris]

We can't interfere whatever the sentence as long as he remains in US soil, all we can do is choose not to extradite him from here to face the possibility of the DP in the US.

 

[marspiter]

If AB is charged, tried, and convicted I seriously doubt he would be given the DP in Catawba county.

In fact just recently there was a case in Catawba county that has caused some heated debate because jurors in Catawba had a split decision on the DP of 6 to 6 in the Edwardo Wong trial which lead to him being given life. A decision that has caused some outrage in the near by Cherokee reservation as well as Haywood county. Where Mr. Wong brutally murdered NC State Trooper Shawn Blanton (He was the first Cherokee tribal member to become a NC State Trooper and a local hero) in cold blood on the side of the highway while the trooper pleaded for his life (all recorded on the troopers dash cam). The case was moved from Haywood to Catawba do to all the news reports "tainting" the jury pool in Haywood.

Of course given the high profile nature of this case. AB may not even be tried in Catawba county if he's charged.

 

[passionflower]

On NG.........
LE developing a STRONG case..........then arrests

 

[passionflower]

Do we know anything lately about AB?
Everything seems silent on AB.
Where's the media?
Is LE keeping an eye on him?
Mum still supporting him?
Who pays rent? food? gas? vehicle?
When is his court date for all his past crimes?
Did he 'make a deal'?
Has he been to see EB?

 

[angelswatchoverthem]

http://www.wbtv.com/Global/story.asp?S=13522366
Here's something i found, i am trying to send this link, hope it worked?

 

[Mrs G Norris]

Levi did a show on this very topic yesterday....enjoy http://www.blogtalkradio.com/levipage/2010/12/16/zahra-baker-murder-case

 

[diphi]

Levi did a show on this very topic yesterday....enjoy http://www.blogtalkradio.com/levipage/2010/12/16/zahra-baker-murder-case

Just listened to the show. That was the first I heard of blood splatter being all over the walls. Not that I'm surprised at all.

i've mostly been following the case by lurking here and may have missed any discussion of blood on the wall.

IMO

 

[angelswatchoverthem]

Under International Law Adam Baker is able to declare diplomatic immunity because he is an Australian citizen. Zahra Baker was also an Australian citizen. Given these facts and under International Law Adam B...aker cannot be prosecuted in any United States court system because no crime was committed against an American citizen or against the United States of America.

This is why the step mother is in jail and Adam Baker is not. The legal officials know of this. He can, if the Australian goverment chooses, be prosecuted in Australia for the murder of another Australian citizen however since the crime did not occur on Australian soil he technically has not committed a crime.

Only if the Australian government wishes to allow the prosecution within the American court systems can Adam Baker be tried for anything in the United States. One last point, Australia does not endorse the death penalty regardless of the crime so the most anyone can expect is life in prison. All of this fully depends on how the Australian government responds to the evidence and the charges.

Right now all the United States can do is deport Adam Baker back to Australia.

I found this info. on another site, interesting.

 

[dar107]

Under International Law Adam Baker is able to declare diplomatic immunity because he is an Australian citizen. Zahra Baker was also an Australian citizen. Given these facts and under International Law Adam B...aker cannot be prosecuted in any United States court system because no crime was committed against an American citizen or against the United States of America.

This is why the step mother is in jail and Adam Baker is not. The legal officials know of this. He can, if the Australian goverment chooses, be prosecuted in Australia for the murder of another Australian citizen however since the crime did not occur on Australian soil he technically has not committed a crime.

Only if the Australian government wishes to allow the prosecution within the American court systems can Adam Baker be tried for anything in the United States. One last point, Australia does not endorse the death penalty regardless of the crime so the most anyone can expect is life in prison. All of this fully depends on how the Australian government responds to the evidence and the charges.

Right now all the United States can do is deport Adam Baker back to Australia.

I found this info. on another site, interesting.

To my knowledge, Diplomatic Immunity only applies to Government Dignitaries

[ame]http://en.wikipedia.org/wiki/Diplomatic_immunity[/ame]

Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history

 

[Mrs G Norris]

Diplomatic immunity not an option for Adam he will be charged and serve time the same as an american. He committed the crime in the states he is subject to american laws.

Linkerooni http://www.actnow.com.au/Issues/Australians_in_prisons_overseas.aspx

Being arrested overseas

If you are arrested overseas you have the right to contact the Australian Government, but consular assistance cannot override local law, even when local laws may appear harsh by Australian standards. The Australian Government cannot get you out of jail.

What we can do to assist

We will do everything in our power to assist Australians who are arrested or in prison overseas, but we must also work within the legal and administrative processes that apply in the country.

We can:

• visit you while you are detained
• assist you in getting information about visitor procedures or accessing money or telephones
• provide you with a list of local English-speaking lawyers
• if authorised, arrange for your next-of-kin to be contacted and informed of your welfare
• assist you to organise your family and friends to send you money
• assist you to maintain contact with your family
• discuss justified and serious complaints about ill-treatment or discrimination with the local authorities
• raise medical or dental issues with local authorities, should you fail in your attempts to have these issues addressed
• arrange a small loan from the Australian Government under the Prisoner Loan Scheme (subject to your location and strict eligibility criteria)
• monitor your court trials and, in some circumstances, attend as an observer
• where applicable, provide you with information on the International Transfer of Prisoners Scheme
• support an application for a pardon, if local law and practice allow.

What we cannot do

We cannot:

• get you out of jail, or give Local Authorities written guarantees to secure your release
• determine your innocence or otherwise
• conduct investigations relating to any alleged offence
• provide you or your family with legal advice
• make recommendations as to which lawyer you should choose
• pay your lawyer’s fees, instigate court procedures or interfere in local judicial processes
• seek better treatment for you than that provided to the host country’s own citizens or other nationals
• arrange your bail or pay your fines
• support you financially in prison, except in some circumstances where the country and your circumstances qualify you for the Prisoner Loan Scheme.

http://www.smartraveller.gov.au/tips/gaolos.html