Elisa Baker - Life Before Adam

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One reason I am interested in EB's possible bigamy is the laws regarding spusal testimony.

"The spousal testimonial privilege (or spousal immunity) can be used to prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. In federal court as a matter of common law, this privilege attaches to the witness spouse, not to the defendant; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent his or her spouse from testifying against the defendant."

Now I'm not an attorney and may be totally off with this thought but here goes....

If LE tracks down evidence that EB & AB can not possibly be married legally due to the fact that EB had not obtained a legal divorce from AY then they would not longer be considered spouses...

and their testimony in court against each other could not be prevented by either person's attorneys.

At some point I believe these two will turn on each other in the war of survival and I don't want anything out there to stop them from doing a "tell all". :dj:
 
I could be wrong, but I think spousal immunity is not valid when the case involves a child. It's not in the Haleigh case, however I guess the laws could be different here.
 
tehcloser said:
I could be wrong, but I think spousal immunity is not valid when the case involves a child. It's not in the Haleigh case, however I guess the laws could be different here.
Click to expand...

Do you per chance happen to have that NC Statute handy?
 
Yes, under the North Carolina codes, the wife can testify on behalf of the prosecution in assault cases where the spouse is the criminal defendant. Below is the code section, it is one of limited circumstances where the wife can testify on behalf of the prosecution.
If the wife refuses to testify, she will be in contempt of court which could mean possible jail time or fines for violating the subpoena







(5) In a prosecution of one spouse for any other criminal offense against the minor child of either spouse, including any illegitimate or adopted or foster child of either spouse.

Read more: can a wife be forced to testify against her husb... - JustAnswer http://www.justanswer.com/questions...ify-against-her-husband-when-he#ixzz15fT7Yggc
 
tehcloser said:
Yes, under the North Carolina codes, the wife can testify on behalf of the prosecution in assault cases where the spouse is the criminal defendant. Below is the code section, it is one of limited circumstances where the wife can testify on behalf of the prosecution.
If the wife refuses to testify, she will be in contempt of court which could mean possible jail time or fines for violating the subpoena







(5) In a prosecution of one spouse for any other criminal offense against the minor child of either spouse, including any illegitimate or adopted or foster child of either spouse.

Read more: can a wife be forced to testify against her husb... - JustAnswer http://www.justanswer.com/questions...ify-against-her-husband-when-he#ixzz15fT7Yggc
Click to expand...

Just the wife?

ETA: Nevermind, apparently I can't read today. :blush:
 
IMO, If Adam and Elisa are deemed not legally married then there would be no need for concern whether they testify against one another. In fact, Elisa wouldn't even be classified as "step-mother", if they are not legally married. JMO

ETA: strike out so as not to send the thread :eek:fftopic:
 
Patty G said:
IMO, If Adam and Elisa are deemed not legally married then there would be no need for concern whether they testify against one another. In fact, Elisa wouldn't even be classified as "step-mother", if they are not legally married. JMO
Click to expand...

Post editted to follow Patty G's lead.
 
free2ride said:
One reason I am interested in EB's possible bigamy is the laws regarding spusal testimony.

"The spousal testimonial privilege (or spousal immunity) can be used to prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. In federal court as a matter of common law, this privilege attaches to the witness spouse, not to the defendant; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent his or her spouse from testifying against the defendant."

Now I'm not an attorney and may be totally off with this thought but here goes....

If LE tracks down evidence that EB & AB can not possibly be married legally due to the fact that EB had not obtained a legal divorce from AY then they would not longer be considered spouses...

and their testimony in court against each other could not be prevented by either person's attorneys.

At some point I believe these two will turn on each other in the war of survival and I don't want anything out there to stop them from doing a "tell all". :dj:
Click to expand...


Spousal privilege does not apply when the victim of the alleged crime is the child of one or both spouses. They cannot invoke it anyway.
 
Is EB guilty of bigamy in NC even if she wasn't married to AB here in the US but rather in AU?
 
NoeticSoul said:
Is EB guilty of bigamy in NC even if she wasn't married to AB here in the US but rather in AU?
Click to expand...

Good question! That hadnt even crossed my mind. I just assumed a bigamist is a bigamist reguardless of where it happened. JMO
 
From what I have read I would say that the marriage is not legal in Aus. I'm including the link for the info that I found. Below is a snip of what it says.

If either person has been married before, that person must show the celebrant proof that they are free to remarry. That proof is usually a decree nisi of dissolution of marriage that has become absolute or a death certificate.

Since clearly EB was not divorced yet from AY there is no way that she was able to show that she was in fact free to marry. So I would say that she lied about no previous marriage to the celebrant. Then that would mean that the marriage to AB was null and void, correct?

http://www.bdm.dotag.wa.gov.au/G/getting_married.aspx?uid=2928-1999-8448-2131
 
I wonder if EB ever admitted to ever being married at all in the past. If she had, under the OZ law she would have to show divorce papers right? So either she lied and said she was never married, or she had a bogus document showing she was divorced. If it was the latter wouldn't there be Forgery charges added on to it?
 
[ame="http://www.websleuths.com/forums/showpost.php?p=5818565&postcount=224"]Websleuths Crime Sleuthing Community - View Single Post - Zahra Baker MEDIA links only **NO DISCUSSION**[/ame]

EB once again telling someone AY is her brother.
 
"LENIOR, NC (WBTV) - Hickory Police are looking into the marital status of the father and stepmother of a girl who was first listed as missing in October and was reported dead last week.

Adam and Elisa Baker, the father and stepmother of Zahra Baker, may have been married before Elisa Baker's divorce from her previous husband was final, which could make their Australian marriage invalid."

"Records that WBTV has obtained indicate that Elisa Baker, 42, who was married at least three times in the past, had her divorce finalized in August of 2009."

http://www.wbtv.com/Global/story.asp?S=13528956&
 
The third comment in the comment section is interesting in the above article.
 
AY lived across the street from them? *thud. Oh what a tangled web we weave.......
 
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