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  1. #61
    Join Date
    Jan 2011
    Posts
    269
    Questions for lawyers:

    If a person becomes aware of a crime, after the fact in NC, but fails to report it immediately to the police (perhaps co-operates at a later date when questioned), can they be charged with being "complicit" in the crime?

    I ask this because there's a case in Australia where the Australian Crime Commission is appealing to the High Court to have the antiquated "spousal privilege"' laws abolished, on the basis that the status of women has changed in 200 years, and therefore this law should no longer apply (possibly Aust law only has this for women?). I have discussed this case with a friend and the issue of being "complicit" came up.

    So applying this Q to the Zahra Baker case: I wonder if Adam – who we accept was in no way involved with the murder, dismemberment or disposal of the body (as indicated by LE) – learned of this at some stage after the fact. Can can he be charged with any crime in relation to being "complicit" ie having knowledge of a crime but not reporting it to police? Does this crime apply in some form (or by another name) in NC? And if this was to occur would we have heard this charge already or would they wait until after the case against EB has been heard to ensure that a crime was in fact committed by EB?

    Accepting the LE position that he did not know prior to telephoning about Zahra being missing, would he have been charged already (accessory after the fact or some similar charge) if there was any indication that he DID know?

    There was really very little time between that of his 911 call and EB being taken into custody, but I guess there is the possibility he may have had a hunch and went to the police with this prior to the arrest of EB. Would we hear of this in court if it occurred?

  2. #62
    Join Date
    Aug 2008
    Posts
    73
    Sorry b/c this says no discussion, but Flakes speaking for myself, I don't think we as me and maybe others here accept this about AB having nothing to do with this crime. Mods if this is not allowed, please remove.

  3. #63
    Join Date
    Jan 2011
    Posts
    269
    mystified, they are hypothetical questions about law in USA/NC. They depend on his NOT being directly involved. If he IS involved then the questions are irrelevant.

    Note the disclaimer "as indicated by LE". Just because a comment is made to elicit response doesn't mean it is what a person/s necessarily thinks. Since LE has announced that EB is solely responsible, this means in the eyes of the law AB is not a person of interest (at this time). I am required to accept this, also Tricia has directed us to accept this. I certainly have no idea if LE is correct or incorrect, but my question is worth asking.

    I am trying to ascertain whether IF such a crime as "being complicit" applied to AB, would this be announced AFTER the EB trial, or would it have already be announced.

    I also think it's a fair question to ask whether we would ever hear IF it was Adam that reported EB under suspicion. After all, she was suddenly taken into custody and confessed to writing the ransom note. I'd like to know if that sort of information is divulged at any stage.

    I am NOT proposing that these are the facts of the case, I am merely asking what the legal implications are IF such a scenario applies.
    Last edited by Flakes; 03-01-2011 at 07:32 PM.

  4. #64
    Join Date
    Dec 2010
    Posts
    1,324
    It is my understanding that North Carolina has a statute regarding habitual felons (3 Strikes - life in prison).

    With these additional charges against EB, would there be trials for two felonies before the murder trial, so at the time of the murder trial it would be her third strike (if found guilty of the other two) and punishment would be severe (life in prison)?

    What I am asking is, will the other trials come first.

  5. #65
    Join Date
    May 2010
    Location
    Black Hills
    Posts
    6,243
    As for the multiple charges; if they convict her on the bigger charges would the lesser offenses be not tried because of financial reasons/court overload?

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  6. #66
    Join Date
    Dec 2010
    Posts
    1,324
    Does North Carolina recognize the offense of Felony Tampering? ...which would be applicable to the clean-up of Zahra's death.

  7. #67
    Join Date
    Dec 2010
    Posts
    1,324
    Does the Fifth Amendent only apply to US citizens? Can an illegal alien invoke the Fifth?

  8. #68
    Join Date
    May 2009
    Posts
    902
    If Adam is being called as a witness in this trial, will he be barred from the courtroom until he has testified?

    If yes, will he be allowed to attend preliminary hearings?

  9. #69
    Join Date
    May 2011
    Posts
    1,172
    I just started reading about this case recently? I saw a thread regarding the question I want to ask which is: Why was Adam not arrested? There's a few ideas out there but it still is not clear. I wanted to know from a legal stand point of view why you think Adam was not arrested? The police obviously do not believe Elisa's claims that Adam dismembered her. I assume they don't have any credible evidence on him other than he cannot remember when he saw Zahra last. What is your opinion?
    "Every case is a high profile one for me...that's why I examine the head in every case!"

    Dr. Werner Spitz

  10. #70
    Join Date
    May 2011
    Posts
    1,172
    How are Elisa's drug charges going to be decided, by a jury or a judge? I suppose that will be a separate trial?
    "Every case is a high profile one for me...that's why I examine the head in every case!"

    Dr. Werner Spitz


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