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  1. #1
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    2010.12.02. - Lawyers appointed when murder charges were 'imminent' are removed

    Lawyers appointed when murder charges were 'imminent' are removed

    HICKORY, NC (WBTV) - Two attorneys – including one high-profile lawyer – who were appointed in October to the dad and stepmother of a deceased 10-year-old Hickory girl were removed Wednesday.

    The two lawyers, Lisa Dubs and Mark Killian, were appointed to Elisa and Adam Baker, respectively, when it seemed "a charge of first-degree murder… was imminent" against them in the death of Zahra Baker, according to the NC Capital Defender's office.
    More at:

    http://www.wbtv.com/Global/story.asp?S=13602250
    Last edited by daisy7; 12-03-2010 at 10:28 PM. Reason: change date format

  2. #2
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    Ok - so since there are no "murder charges imminent" on EB & AB does this mean they are now completely without representation? or do they still have representation on the bad check charges and writing the false ransom note?

    I guess this comes down to what the definition of "imminent" - as that could mean within the next 24 hours to the next few years.

  3. #3
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    This concerns me. I realize it probably shouldn't, but it does.
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  4. #4
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    Quote Originally Posted by wenwe4 View Post
    Ok - so since there are no "murder charges imminent" on EB & AB does this mean they are now completely without representation? or do they still have representation on the bad check charges and writing the false ransom note?

    I guess this comes down to what the definition of "imminent" - as that could mean within the next 24 hours to the next few years.
    I would think they will just have regular public defenders now for the smaller charges. These lawyers were just in place b/c of the chance of capital charges.

    I think this makes sense, if the capital charges are a long way a way. This was likely hurting the budget, and they can put them back on when the charges do come.

  5. #5
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    I think this is really about a "budget" decision - they can't keep these atty's on hold just in case something happens when there are others who might be deprived of public defender representation.

  6. #6
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    it means that the prosecutor doesn't have enough evidence to make a case of first degree murder. i was afraid this would happen

  7. #7
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    Thanks duck - looks like we were posting the same ideas at the same time - you just worded it better (as always)

  8. #8
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    Quote Originally Posted by wenwe4 View Post
    Thanks duck - looks like we were posting the same ideas at the same time - you just worded it better (as always)
    But you worded it shorter.

    My posts are always "TL;DR."

  9. #9
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    Didn't LD have another client she walked right out on the day he was due in court? That same day she was driving around town with LB and the other attorney? or am I mistaken?

  10. #10
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    Quote Originally Posted by stormsailor View Post
    it means that the prosecutor doesn't have enough evidence to make a case of first degree murder. i was afraid this would happen
    I'm not losing hope that it means they don't have enough evidence yet. I am not sure how charges for EB, at least, wouldn't be coming eventually.

    Likely won't see charges until after the holidays, though, in my guess.


  11. #11
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    Question
    Would the charges of dismembering and distributing a corpse to conceal a crime carry the same "capital charges" and offer the same level of high power attys as the crimes of murder?

  12. #12
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    Quote Originally Posted by WhyaDuck? View Post
    I would think they will just have regular public defenders now for the smaller charges. These lawyers were just in place b/c of the chance of capital charges.

    I think this makes sense, if the capital charges are a long way a way. This was likely hurting the budget, and they can put them back on when the charges do come.
    I think so as well, the head defender dude jumped the gun IMO. This case is still waiting on forensics and case building in terms of forensics, blood patterns etc. Pretty silly assigning DP lawyers to anyone until charges are brought and second, there is a hearing for the DA to present his claim on if he will even seek the DP. I believe in NC this is called a 524 Hearing, don't quote me on that, the cases I have followed in NC required this hearing after charges were actually filed.
    Racing Doesn't Lie

  13. #13
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    Quote Originally Posted by wenwe4 View Post
    Question
    Would the charges of dismembering and distributing a corpse to conceal a crime carry the same "capital charges" and offer the same level of high power attys as the crimes of murder?
    I shouldn't think that dismembering and concealing would be capital crimes if the person didn't do the murder. (ETA: And, therefore, then, yes, I think they might have lower priced lawyers if there is no capital on the table.)

    Some of these matters might be good issues to ask about in the lawyers thread.

  14. #14
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    I am completely dumbfounded by this turn of events. I have been feeling that charges would be coming any minute. Obviously, this is not going to happen. I realize there is a lot of evidence to process, but come on, EB told them where Zahra could be found and where the evidence could be found. Bare minimum it would seem like they have enough to charge her. What am I missing here?

  15. #15
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    Quote Originally Posted by wenwe4 View Post
    Question
    Would the charges of dismembering and distributing a corpse to conceal a crime carry the same "capital charges" and offer the same level of high power attys as the crimes of murder?
    No, not in North Carolina. I pulled the statute a hundred threads ago for the after the fact clean up/cover up/dismemberment charges. Unlike some other states where you can be charged equally based solely on being in on the cover up, in NC they consider it two degrees less than the original crime that is being covered up. Capital defense would only be for someone possibly facing the death penalty. They are going to have to get back to believing they can prove who killed her to get a capital case.

    I have said from the beginning I don't think they are going to make that level in this case. Too much he said she said about who actually killed her and people admitting they were involved in the clean up.

    moo

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