Why is Adam Baker not in jail?

[essies]

I think they will expedite all testing so that Zahra's remains (Gosh I hate that word and what it means) can be released and she can return to Australia (My hope and prayer) with her mother. I'm sure LE want Emily to be able to return to her family back home and start some semblance of healing as soon as possible. However, I'm sure LE is determined to make sure charges for Zahra's murder stick and can't be challenged and the trials (yes I think we'll see more than one accused of murder) won't become a media circus by the defense lawyers (as you being done in Orlando).
That being said-as much as I want to see AB behind bars now (like yesterday)-I want LE to take as much time as needed to put together ther most airtight case possible!!:furious:
I think all you locals should go to trial wearing AB's VENGEANCE t-shirt!! Wish I could join you!!:furious:

 

[cyberborg]

I think we also need to remember that AB is an Australian citizen and that complicates things slightly. LE need to ensure that they have a strong case against AB to be able to hold him in custody and not have the Australian Embassy intervene on AB's behalf.

If things are NOT done right, given that Australia does not have the DP and the USA does and this could easily become Murder 1 at some point ... LE needs to make sure that AB cannot seek to be deported back to Australia and thus get away with his part in the crime.

 

[Mrs G Norris]

Honestly I don't think they can. We usually don't intervene when an Aussie commits a crime overseas, in fact I don't think we have jurisdiction.

There are a number of Australians on death row in Indonesia for drugs at the moment, we can't really act, although we would not deport someone overseas to face justice in a country where they might face the DP. There is a case like that for a US citizen underway at the moment.

http://www.abc.net.au/news/stories/2010/11/12/3065226.htm?section=justin

http://www.theaustralian.com.au/new...ustice-to-decide/story-fn558imw-1225952298388

 

[bellyup]

Honestly I don't think they can. We usually don't intervene when an Aussie commits a crime overseas, in fact I don't think we have jurisdiction.

There are a number of Australians on death row in Indonesia for drugs at the moment, we can't really act, although we would not deport someone overseas to face justice in a country where they might face the DP. There is a case like that for a US citizen underway at the moment.

http://www.abc.net.au/news/stories/2010/11/12/3065226.htm?section=justin

http://www.theaustralian.com.au/new...ustice-to-decide/story-fn558imw-1225952298388

My understanding is that the only thing the consulate can do IN SOME CASES is petition that the death penalty be taken off the table. AB is here for his charges and his sentence. He is NOT being deported.

 

[Nosee_Parker]

My understanding is that the only thing the consulate can do IN SOME CASES is petition that the death penalty be taken off the table. AB is here for his charges and his sentence. He is NOT being deported.

Correct.

There's no way our government would intervene in a case like this. Perhaps if an Australian citizen was detained unfairly in another country, then maybe.

But, I highly doubt something like a potential murder case in the US would prompt intervention.

I can visualise Kevin Rudd or Julia Gillard saying 'you do the crime, you do the time'.

 

[Mrs G Norris]

My understanding is that the only thing the consulate can do IN SOME CASES is petition that the death penalty be taken off the table. AB is here for his charges and his sentence. He is NOT being deported.

I meant deport from here (Australia) to the U.S. (and in the Gabe Watson case) and yes, Adam Baker will face charges under US law.

 

[Cazzie]

He needs the DP for not protecting and nourishing his baby girl.

I am so pizzed.

He can blame it on EB for eternity to kingdom come, but that dear sweet girl was in his custody, even though he stole her from Emily and the Australian courts.

This never should have happened.

 

[songline]

If he has not been arrested,
they are crossing all their T's and doting all their I's. I sure hope they have his passport
and are watching him.
He needs to be arrested, and so does she.
Then they need to throw away the key, or put an alligator in their cell.

 

[songline]

I think we also need to remember that AB is an Australian citizen and that complicates things slightly. LE need to ensure that they have a strong case against AB to be able to hold him in custody and not have the Australian Embassy intervene on AB's behalf.

If things are NOT done right, given that Australia does not have the DP and the USA does and this could easily become Murder 1 at some point ... LE needs to make sure that AB cannot seek to be deported back to Australia and thus get away with his part in the crime.

I am not an attorney, I believe that where ever a crime is committed that is the country that has full jurisdiction of the case.

 

[DLT88]

If he has not been arrested,
they are crossing all their T's and doting all their I's. I sure hope they have his passport
and are watching him.
He needs to be arrested, and so does she.
Then they need to throw away the key, or put an alligator in their cell.

I read that he relinquished his passport to LE a week or more ago.

I think they are crossing all their T's and such, too, to decide EXACTLY what to charge him with. It sounds to me like the "remains" are a puzzle where many people will need to go through and examine and examine and try and piece together what happened. I think they want to go for the strongest charge possible but need to be 100% sure before they go for it. I also That's my guess.

I also wonder if the evidence they dug up in their backyard wasn't the "weapon" or something like that.

 

[KR2tonenow]

I think we also need to remember that AB is an Australian citizen and that complicates things slightly. LE need to ensure that they have a strong case against AB to be able to hold him in custody and not have the Australian Embassy intervene on AB's behalf.

If things are NOT done right, given that Australia does not have the DP and the USA does and this could easily become Murder 1 at some point ... LE needs to make sure that AB cannot seek to be deported back to Australia and thus get away with his part in the crime.

This occurred to me also. Thanks for the posting.

 

[Nosee_Parker]

I read that he relinquished his passport to LE a week or more ago.

I think they are crossing all their T's and such, too, to decide EXACTLY what to charge him with. It sounds to me like the "remains" are a puzzle where many people will need to go through and examine and examine and try and piece together what happened. I think they want to go for the strongest charge possible but need to be 100% sure before they go for it. I also That's my guess.

I also wonder if the evidence they dug up in their backyard wasn't the "weapon" or something like that.

Relinquishing or having his passport confiscated speaks volumes to me. I can't think of any reason a innocent person would have their passport confiscated.

 

[Lera213]

When is AB's court date coming up on the lesser charges? If Ab doesn't go to jail but instead gets a suspended sentence or less...then unless LE arrest him, LE will have to hand over his passport and nothing holding him from leaving the country. So either the
1-DA struck a deal with AB
2-DA is confident he will be in jail on the lesser charges
3-DA is in a wait and see mode because not enough evidence, if AB walks on lesser charges, DA will be forced to arrest him on something else.

I think the answer is number 1 because, LE wanted nothing else to find Zahra and at the beginning of the investigation they thought EB was guilty therefore I think it kind of locked them in too soon and they gave a deal to him so he would cooperate. Which according to the news last night, AB has been from day one cooperating.

 

[lauriej]

When is AB's court date coming up on the lesser charges? .

---snipped frm post---

http://www2.hickoryrecord.com/news/2010/oct/30/warrants-served-adam-baker-while-jail-ar-495586/

--snipped--




Adam T. Baker’s upcoming court dates
Caldwell County, Nov. 18
-Worthless check
-Failure to return property on which there is a purchase option
-Communicating threats
-Communicating threats, assault with a deadly weapon
-Worthless check
-Worthless check
-Worthless check
-Worthless check

Catawba County, Nov. 19
-Worthless check
-Worthless check
-Worthless check
-Worthless check

 

[passionflower]

It's Zahra's birthday, she needs justice.

 

[ynotdivein]

Random question, but if NC were a "Sunshine Law" state, where would we be now? How much more would we know at this point?

 

[ynotdivein]

Relinquishing or having his passport confiscated speaks volumes to me. I can't think of any reason a innocent person would have their passport confiscated.

I still can see LE playing this either of two ways:

1. Three passports were taken from one of the vehicles as evidence. If one of those is AB's, then his passport is evidence in a homicide case, sorry AB, you can't leave.

or

2. AB's passport was NOT one of the three passports taken from the vehicle. In that case, well... AB hand over your passport, and everyone else, start wondering whose the 3rd passport was. :waitasec:

 

[tehcloser]

I hope he is having the worst day of his life today. He deserves that. Even if all he did was look the other way, which I don't believe by the way.

 

[Mountain_Kat]

I hope he is having the worst day of his life today. He deserves that. Even if all he did was look the other way, which I don't believe by the way.

I came in here to type the very same thing! I hope the hounds of hell are chasing his every thought!

 

[passionflower]

I wonder what AB, his mother and brother would do today?
None of them looked or gave anything at Zahra's memorial by the tree?
Go to vigil?
What did they do to honor Zahra?