2010.11.18 AB/EB Court Dates - Other Charges [MERGED]

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Hickory Born said:
Elisa is suppose to be in court today rgarding the change of venue. I assume the judge will decide where to hold the trial.
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I hope they don't move it to my county. I've been called for jury duty more than anyone I know. Wish I'd win a lottery instead!

If they were to ask me if I'm biased I would say, "Yes, she killed Zahra."
 
I posted this in media also.
http://www2.hickoryrecord.com/news/2011/sep/12/11/baker-trial-location-decision-delayed-ar-1382468/

snipped:
"Catawba County Superior Court Judge Timothy Kincaid asked Gaither if he would like it moved because of, “other matters that have come to the state’s attention?”

My question:
Why did the judge say "other matters" Why didn't he say you have not reached a resolution?

another snipped:

"After the five-minute hearing, Reilly went to the district attorney’s office. So did Hickory Police Chief Tom Adkins, Maj. Clyde Deal and the two lead detectives on the case."

My question:
Is it normal for the Police Chief and lead detetives to be involved with a plea deal?

I have not given up hope that Adam will be arrested.
 
Hickory Born said:
I posted this in media also.
http://www2.hickoryrecord.com/news/2011/sep/12/11/baker-trial-location-decision-delayed-ar-1382468/

snipped:
"Catawba County Superior Court Judge Timothy Kincaid asked Gaither if he would like it moved because of, “other matters that have come to the state’s attention?”

My question:
Why did the judge say "other matters" Why didn't he say you have not reached a resolution?

another snipped:

"After the five-minute hearing, Reilly went to the district attorney’s office. So did Hickory Police Chief Tom Adkins, Maj. Clyde Deal and the two lead detectives on the case."

My question:
Is it normal for the Police Chief and lead detetives to be involved with a plea deal?

I have not given up hope that Adam will be arrested.
Click to expand...

--from the article also--

Reilly said he has been in talks with the district attorney’s office since Friday. When asked if those discussions involved a plea deal, he said, “We’re trying to resolve it.”

Reilly said all of the discussions with the district attorney’s office have been productive.

~~

He had asked the district attorney’s office and Reilly to come to Monday’s hearing with counties they were interested in having the case tried in, or having juries from those counties brought in from. Kincaid also asked the district attorney’s office to have a plea offer ready by Monday.
 
lauriej said:
--from the article also--

Reilly said he has been in talks with the district attorney’s office since Friday. When asked if those discussions involved a plea deal, he said, “We’re trying to resolve it.”

Reilly said all of the discussions with the district attorney’s office have been productive.

~~

He had asked the district attorney’s office and Reilly to come to Monday’s hearing with counties they were interested in having the case tried in, or having juries from those counties brought in from. Kincaid also asked the district attorney’s office to have a plea offer ready by Monday.
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I might be wrong about this I think I read a few years ago that a law was passed in NC that requires the DA to offer a deal in every case or every murder case, I'm not sure about the guidelines.

I believe it had to do with the number of cases awaiting trial, the expense of a trial, and prison overcrowding. Not enough DA's to cover the cases, lack of courtroom availability, etc, etc.

If you check the stats you'll find that LE does a great job of arresting and the judicial system (because of the rquirements) does a great job of letting them walk. Especially in Mecklenburg County and I believe the stats will back me on this. Revolving door!

Some counties are worse than others.

In this case a lot of people believe she will get less than 20 years, time served, and probation. If she actually goes to prison for more than 5 years I'll faint!
AB will walk away from this and return to Australia.

This will probably never be heard in a courtroom but wait until they announce it. People will explode! They will have a crowd at the courthouse that they have never seen before. People are angry about this already. MOO
 
Plea deal expected in Zahra's murder case
Elisa Baker’s defense says he's in negotiations with prosecution now.

Posted: Monday, Sep. 12, 2011


Elisa Baker arrives in Catawba County court Monday, Sept. 12, for a decision on her request for a change of venue in the murder trial of her stepdaughter Zahra Baker.

Prosecutors and defense attorneys are in negotiations that could put an end to the nearly year-long murder case of 10-year-old Zahra Baker of Hickory.

Defense Attorney Scott Reilly told the Observer Monday night that he is in discussions with District Attorney Jay Gaither on resolving the second-degree murder charges against Zahra's stepmother, Elisa Baker, possibly as early as Wednesday


http://www.charlotteobserver.com/2011/09/12/2603276/attorneys-in-baker-case-working.html
 
JeannieC said:
I hope they don't move it to my county. I've been called for jury duty more than anyone I know. Wish I'd win a lottery instead!

If they were to ask me if I'm biased I would say, "Yes, she killed Zahra."
Click to expand...

Yes, JeannieC, you would have to essentially disqualify yourself to do your duty as you should -- so would I, and many other WSers...

In fact, one of our more notable WSers, Just the Fax, was called for jury duty a month ago or so in Wake County for the Joshua Stepp trial (Stepp was home with his 10-month-old stepdaughter while her mother was at work almost two years ago). He was found guilty of first-degree murder and sex offense in the beating death of his 10-month-old stepdaughter. The jury is deliberating in the penalty phase now. During his voir dire, JTF stated that his mind was made up and he thought the man was guilty. Of course he was released from jury duty on that one....
BBM - citing another WSleuther
icon11.gif
 
JeannieC said:
I might be wrong about this I think I read a few years ago that a law was passed in NC that requires the DA to offer a deal in every case or every murder case, I'm not sure about the guidelines.

I believe it had to do with the number of cases awaiting trial, the expense of a trial, and prison overcrowding. Not enough DA's to cover the cases, lack of courtroom availability, etc, etc.

If you check the stats you'll find that LE does a great job of arresting and the judicial system (because of the rquirements) does a great job of letting them walk. Especially in Mecklenburg County and I believe the stats will back me on this. Revolving door!

Some counties are worse than others.

In this case a lot of people believe she will get less than 20 years, time served, and probation. If she actually goes to prison for more than 5 years I'll faint!
AB will walk away from this and return to Australia.

This will probably never be heard in a courtroom but wait until they announce it. People will explode! They will have a crowd at the courthouse that they have never seen before. People are angry about this already. MOO
Click to expand...

You're right about "lag time" in actual act of 1) crime ---> 2) arrest ----> 3) trial

I looked back to a couple of Wake County cases & found, as I suspected, about a 2-year gap between arrest and trial.

Jason Young....crime..1/06..arrest...12/09...trial....06/11 (hung jury)
Brad Cooper.............crime/arrest...07/08....trial...04/10
Ryan Hare................crime/arrest...11/08...trial...09/10

They've just cut the Wake Co. budget for the DA's office; LEO's are pretty sophisticated and getting smarter every day, but probably understaffed in nearly all positions, and what they do costs money.

And if you look on the DOC's records of what penalties are given vs. time served, it looks like they serve about 80% of the low end of the time given. It's dollars, dollars, and dollars.

I'm not familiar with the requirement to seek a plea in all cases -- but that doesn't mean a thing that I don't know -- but the DAs office does try to deal when they can.... And there is crowding in some (all ?) correctional facilities. Grrrrr.

Maybe we'll see something soon on this. I can't see them being too generous. Plus the Fed drug charges could be large & I have no idea how they regard plea deals.

Fat lotta help this was...
icon11.gif


 
borndem said:
You're right about "lag time" in actual act of 1) crime ---> 2) arrest ----> 3) trial

I looked back to a couple of Wake County cases & found, as I suspected, about a 2-year gap between arrest and trial.

Jason Young....crime..1/06..arrest...12/09...trial....06/11 (hung jury)
Brad Cooper.............crime/arrest...07/08....trial...04/10
Ryan Hare................crime/arrest...11/08...trial...09/10

They've just cut the Wake Co. budget for the DA's office; LEO's are pretty sophisticated and getting smarter every day, but probably understaffed in nearly all positions, and what they do costs money.

And if you look on the DOC's records of what penalties are given vs. time served, it looks like they serve about 80% of the low end of the time given. It's dollars, dollars, and dollars.

I'm not familiar with the requirement to seek a plea in all cases -- but that doesn't mean a thing that I don't know -- but the DAs office does try to deal when they can.... And there is crowding in some (all ?) correctional facilities. Grrrrr.

Maybe we'll see something soon on this. I can't see them being too generous. Plus the Fed drug charges could be large & I have no idea how they regard plea deals.

Fat lotta help this was...
icon11.gif


Click to expand...

I think I'm correct in saying the Fed don't make deals unless a person has something really worth bargaining for which I doubt that she does.

I know Taylorsville Correctional Institute is a medium security prison that has been forced to take high security prisoners. That seems to be the case all over the state.

The overcrowding is part of the reason over 100 convicted murderers were released early and Governor Purdue fought to disallow it. NC has a real problem.
 
I don't get it...why wasn't Adam in the courtroom? If my mate had killed my child, you better believe I would be in that court room staring them down. Elisa's daughters were there, but no Adam. What is he afraid of...she is in shackles.
 
JeannieC said:
I think I'm correct in saying the Fed don't make deals unless a person has something really worth bargaining for which I doubt that she does.

I know Taylorsville Correctional Institute is a medium security prison that has been forced to take high security prisoners. That seems to be the case all over the state.

The overcrowding is part of the reason over 100 convicted murderers were released early and Governor Purdue fought to disallow it. NC has a real problem.
Click to expand...


I happened to be in Hickory a few years ago when the Feds did make a deal with a man from Laos. It was regarding big time drugs & multiple murders, but he did have a lot to give to the Feds.

I think you are correct EB will not have enough info to entice them.
 
When following another case here I was surprised to discover the vast majority (roughly 90%) of criminal cases in the United States are settled by plea bargain rather than by a jury trial.

Different States and jurisdictions have different rules. A two or three level offense level reduction is usually available for those who accept responsibility by not holding the prosecution to the burden of proving its case; this usually amounts to about a 35% reduction in sentence.

Unless EB's attorneys have convinced her she will be locked up forever, I have a hard time believing she will accept a lengthly sentence in plea-ing, she reminds me too much of those sociopaths who refuse to accept responsibility for anything.
 
Originally Posted by JeannieC [ame="http://www.websleuths.com/forums/showthread.php?p=7119247#post7119247"]
viewpost.gif
[/ame]
I think I'm correct in saying the Fed don't make deals unless a person has something really worth bargaining for which I doubt that she does.
.
<Respectfully snipped>
.


Hickory Born said:
I happened to be in Hickory a few years ago when the Feds did make a deal with a man from Laos. It was regarding big time drugs & multiple murders, but he did have a lot to give to the Feds.

I think you are correct EB will not have enough info to entice them.
Click to expand...

ITA with both of you, Hickory & JeannieC -- My only "experience" with the Feds on crimes is by observance of what happened to a work friend of mine who had a very successful and legal sales & service business. He also owned a house that he rented to two "friends" of his who got involved in some kind of marijuana (and possibly more) growing and sales. They told the Feds when they were busted that their landlord knew all about it and was a participant. I have no idea if this is true or not, but the Feds lay claim to his rental property, his residence, his cars (one was a Ferrari) and his personal & business bank accounts, and they put him in prison, pending trial. IOW, they really put the clamps on him & left him with nothing, & it was then his move to try to defend himself.

So, they hit hard first & ask questions later. They are tuff, tuff, tuff -- at least they were with him. Because it was drugs? No idea. He is awaiting a trial date and he has nothing to give them that will help himself out of the mess. So he sits in a federal prison somewhere....

Let us hope this is so for our EB.
 
Judge delays hearing for Baker hearing until Thursday

HICKORY, N.C. -- Channel 9 reporter Dave Faherty found out through two different sources that Zahra Baker’s biological mother wanted to be in Hickory for Elisa Baker’s court appearance.
Because the mother lives in Australia, the judge has moved everything to Thursday.
Click to expand...

http://www.wsoctv.com/news/29171565/detail.html
 
Unbelievable again. Where's the rest of Zahra's remains, her skull? Hope they hold out for that answer at least.
 
Dr. Know? said:
Unbelievable again. Where's the rest of Zahra's remains, her skull? Hope they hold out for that answer at least.
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..exactly!

..the fact that she led them to some of the remains in the 1st place is why she wasn't indicted on 1st degree ( like she should have been.....IMO ).

..a plea HAS to include her giving up THE most important "piece" , if all it includes is what she's already told them-----then what's the point?

..go to trial and go for broke.

..adam probably has his pudgy little fingers crossed just hoping for a plea deal------so that HE doesn't have to get up there and testify.
 
Dr. Know? said:
Unbelievable again. Where's the rest of Zahra's remains, her skull? Hope they hold out for that answer at least.
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She claimed an animal must have gotten it. I say put her in GP for a week and tell the inmates to find out where Zahra's head is. Give them a reward for finding it out.
 
JeannieC said:
She claimed an animal must have gotten it. I say put her in GP for a week and tell the inmates to find out where Zahra's head is. Give them a reward for finding it out.
Click to expand...

BBM I dont remember this. Do you have a link to where she said it? Not saying she didnt I just dont remember it, and it has been one of my biggest questions in this whole thing.TIA
 
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