GUILTY CA - Emma Barker, 18 mos, suffocated, Lancaster, 18 March 2009 #2

Thanks to our friends, Toria, the good twin, and anurse, who took time out to attend another pretrial hearing in the case of California vs. Stacey M. Barker and update us on what happened in court.

February 18, was a busy day at the Antelope Valley (AV) Municipal Courthouse in Lancaster, CA. Three busloads of prisoners were brought over from the Century Regional Detention Facility in Lynwood. (That’s a 90 mile drive.) The head count was short one prisoner, so nothing could begin until all of the prisoners were accounted for.

It was about an hour and a half before Stacey Barker was brought into the courtroom. Barker didn’t look very happy, her hair was down and disheveled and she had a mad face for everyone.

Superior Court Judge Hayden Zackey presided over this hearing. Deputy District Attorney (DDA) S. Kelly Cromer is representing the people and Stacey Barker is being represented by Public Defender (PD) Roberto F. Dager.
　
The hearing only lasted 20 minutes. Evidently some of the motions that were filed at the hearing on January 14 were dealt with during the in camera hearing held on January 28. There was no mention of the Pitchess Motion so that information must have been turned over in camera.

The Motion for Change of Venue was denied.* Judge Zackey said that he will keep the case in his court. Judge Zackey must have issued his order denying the motion earlier because PD Dager already seemed aware of the court’s ruling and added he expects the this case will go to trial soon. (no date set yet that we know of)

There was some discussion about discovery. At the January 14 hearing, the defense filed a motion for some discovery. The defense wanted a video made by the Field Investigation Service Unit (FISU) of the crime scene and also wanted raw notes or a written report from the FISU employees who made the video. It was determined during that hearing there are no raw notes or written report, however the state must have turned the video over.

We didn't hear what (if any) motions were filed by either party today, but wonder if the state filed a Discovery Motion for reports from expert witnesses. PD Dager told the court that Dr. Harry Bonnell, a Forensic Pathologist will testify there are tests that Dr. Ribe failed to perform on Emma that would change the cause and manner of death. DDA S. Kelly Cromer asked Dager what tests weren’t performed? Dager said. “I forget what tests he told me they were. Cromer continued to press for details about Dr. Bonnell’s testimony until Dager told the Judge, I forget what he said, I didn’t keep notes or write it down. Dager continued, The people can call him just like I did and he will tell her like he told me. I don't want to be like some LE who get up there and lie or make things up ( I think it is safe to say there is NO love loss between the parties here or at the very least they are both passionate about their opposing roles. LOL)

PD Dager informed the court he still doesn’t have the** “Ribe Box” that was requested in his Brady Motion filed on January 14. (I don’t have the state’s response to this statement by Dager, things can move fast in court ) PD Dager also told DDA Cromer he wants the raw notes from the coroner’s investigator. Cromer responded that any notes would be included on the Coroner’s report and the defense has that. Dager said no, he wants the raw notes. Cromer said she doesn’t know if there were any.

Mr. Dager asked Judge Zackey*** for permission to take his laptop into the jail. He said he has the Barker case on his laptop and he has evidence that he wants his client to see. The Judge said he didn’t mind if the defense took the laptop into the jail; however, it really isn’t up to the court, it’s up to the jail administrator. (The only new evidence that we know of is the observation report from the jail that Cromer said she would turn over to Dager. Possibly phone calls and/or video taken of visits or activity within the jail ???) ****

Hopefully all of these loose ends will be taken care of by the next scheduled hearing on March 8 so that a trial date can be set. Stay tuned.

March 19***** will mark the one year anniversary that Stacey Barker led police to her baby's body. Barker admitted she dumped Emma on the side of the freeway after Emma died the day before. The question of Emma's death being a murder (as the state contends) or accident (as Barker claims) is for the jury to decide. Barker remains held on a 1 million dollar bond. If convicted on the murder charge, Barker faces a maximum of 25 years to life in prison.

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There was another pre-trial hearing in the Stacey Barker murder case, on Monday, March 8, 2010, at the Michael Antonovich Antelope Valley Courthouse in Lancaster, CA. Stacey Barker 25, is accused of smothering her daughter, 18 month old Emma Leigh Barker on March 18, 2009.

Stacey Barker initially told police Emma was abducted from her car in the parking lot of a Lancaster, CA park as they prepared to leave after playing at the park. She claimed she was knocked out by the kidnapper and woke up six hours later, several miles away, at the Palmdale Park-n-Ride. Detectives said Barker had injuries consistent with a struggle, including bruises on her head and was taken to the hospital for treatment.

Authorities say Barker later admitted making up the abduction story and inflicting the wounds on herself. Twelve hours later, Barker led police to Emma’s body, dumped in a grassy lot near the Golden State Freeway in Sylmar, CA. Barker gave various statements to police as to how Emma died, ranging from an accident to an intentional suffocation. The one consistency to Barker's story was that she feared being blamed, causing her to panic and leave the girl's body near the freeway.

On April 27,2009, Barker was arrested and the charges filed against the young mother include murder, assault on a child causing death and child abuse. The complaint alleges that Barker willfully caused and permitted the child to be injured and harmed and that injury resulted in death. Barker formally entered a not guilty plea to all counts on August 12, 2009.

Friends of katfish ponders, who live in the AV, have been attending the hearings and any "in the courtroom" reports are based on information they have shared...so here we go..... Due to budget constraints the court had closed on Friday, so when they arrived at the courthouse early Monday morning there was a half hour wait in line, just to get into the courthouse.

Tori said that even though they made it to the courtroom about a quarter past eight (court doesn't usually start until nine) Stacey Barker's hearing was already under way. Tori couldn't get into the courtroom, but was able to watch from the ante chamber. A and TGT were able to get in, but the courtroom was standing room only. It seems court had already been on and off the record in Barker's hearing.

When they arrived, Stacey was already sitting at the defense table and Judge Hayden Zackey was just taking his seat at the bench as he said ,"We will go back on the record". Zackey said that he consulted with the head Judge and he wants to try to keep the trial in his courtroom, but due to the cutbacks he does not know if that is going to happen, but emphasized again he would try. Zackey added he would like the trial to begin by April 5, 2010. (Unfortunately we couldn't find out what happened before the girls got there, but it couldn't be much as the courthouse opens at eight.)

Public Defender Roberto Dager tells the court he wants to trail the hearing again until 3/22, adding that's 14 of 30. Judge Zackey said, "What is it you want to come back for on that date? I don't want to keep bringing Ms. Barker back and forth if I don't have to. " (Barker is housed at the Century Regional Detention Facility in Lynwood, it's a 90 mile drive from the jail to the court one way. Given the current budget constraints, that seems like a good idea doesn't it.)

PD Dager and Deputy District Attorney S. Kelly Cromer huddled together talking and then Dager said "We are going to put an offer on the table." Zackey said, "Okay, we will come back on the 22nd, that will give the lead Deputy time to review it. If we go to trial, we can still start by April 5, that will give Ms. Cromer time to do her other case." Kelly Cromer said she expected that case to be resolved quickly.

Dager asked his client's file not be sent down yet, adding he wanted her to stay there so they could talk. And that was it for now. This case appears to be advancing one way or the other.

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