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

I really don't think a COV is going to make the difference. They should keep on interviewing people until they have enough for a jury. Moving to LA is not going to help. IMOO
 
Twelve jurors have been selected in the AV! 6 alternatives are supposed to be picked today - with the trial now slated to begin on Wednesday 4/27.

Since it took a week to select the first 12, I'm not holding my breath that the trial will start tomorrow... but I suppose it is possible.

Waiting, waiting, waiting - what an education in patience it is to seek justice for an innocent baby.
 
First Day of Trial! Wednesday April 27th 2011!

Opening statements and first witnesses. I'll return with more information as it becomes available!

Justice For Emma is here!!
 
The trial started today with photos of Emma where SB left her lying in the weeds along Roxford Street & El Dorado Ave in Sylmar, this included a close up of Emma's face - after the DA made the decision not to show the jury autopsy photos.

SB's mother Sue Barker was on the stand the rest of the day - tomorrow she will be back for cross.
 
I believe it was during opening statements that it was revealed that Emma had not a double dose of Dimetapp, but a triple dose in her system when she died. Ms Cromer said she believes that Emma was in the way of Stacey's social life and that is basically the reason she died.

PD Dager said that Stacey lied and made up the cockamamie story out of fear of being seen as a bad mother and because she lived under her own controlling mother, after Emma died accidentally while Stacey played peek-a-boo with her.

Sue Barker spent yesterday afternoon and today on the stand, first answering the questions presented by DDA Kelly Cromer and later by Roberto Dager, under cross.

Mrs Barker admitted to Ms Cromer that she didn't want to testify against her daughter, but the reasons had little to nothing to do with Stacey herself. Mrs Barker has only seen her daughter one time in the last two years and only spoken to her on the phone one time. Ms Cromer asked if she didn't want to see Stacey - she replied of course I do, but I'm still angry with her. Tori and ANurse both pointed out that the only time Sue Barker looked in Stacey's direction was when she was asked if she was here in the Courtroom. In a day and a half of testimony Sue looked at Mr Dager, Ms Cromer and Judge Zackey - never once stealing a glance at her only daughter.

Ms Cromer presented Mrs Barker with the cookbook Blender Baby Food - she identified it as being the one Stacey used to make fresh baby food for Emma. Ms Cromer asked if she had handed the book over to investigators and if she did, where she found the book. She said she had given them the book and she had found it in Emma's bedroom.... (Odd place to be making baby food). Ms Cromer then walked over to the jury and pointed out that the book (a large paperback) appears to be brand new, with pristine pages that were still stuck together.

During Wednesday's testimony Ms Cromer asked Sue Barker if she had a fight with Stacey on March 18 prior to her leaving with Emma. Mrs Barker tried to down play the events of the afternoon and often had trouble remembering what had transpired.

Ms Cromer finally asked Mrs Barker what she did with Emma that afternoon and if she had fed her before Stacey left to take her to the park and if yes, what she had given her. Mrs Barker said they had been watching TV together, and she fed Emma a baby lunchable with meat, cheese and crackers. Ms Cromer followed with did you purchase the lunchable and if you did, where did you buy it. She replied that she had bought it, it came from Stater Bros. Ms Cromer then pointed out that Mrs Barker's memory is very good except where Stacey is concerned.

On Thursday when she was asked again if she remembered what the fight was about she conceded that it was a one time event due to Stacey not being home from work at the agreed upon hour. Ms Cromer had her read the transcript of the conversation she had with Det Nava - where she claimed they had been arguing frequently about the late nights and running around while the family cared for Emma.

I'll try to get more up tomorrow morning...
 
Day 1 and 2 part two -

As the second day of testimony progressed Ms Cromer discussed Sue's interview with LE - Sue claimed she didn't know she was being recorded (the tape recorder with mic were in plan view on the table) One detail of the fight was that Sue told SB that she wanted her to move out, that she was done babysitting Emma so SB could run around and party. SB's response to this was that she couldn't please anyone, work, her mother and her boyfriend! Sue told detectives that she believed Stacey had committed the murder, she believed it was conspired between SB and BB and she thought SB went towards Long Beach with the plan on pinning the murder on Emma's daddy Anthony, Sue told Det Nava she wanted her to prove it!

As it turned out SB was not able to find out where Anthony was living, so she turned the car around in Lawndale. The story SB told LE of going to find Anthony to get money from him for an apartment was just that, Sue told the officers that SB had plenty of money including her $5,000 tax refund.

Sue told the court that she started locking her bedroom door when she slept because she was afraid that SB would murder her the same way she did Emma. SB went to stay at her grandfather's house before the funeral, she was still there in late April when LE showed up and took her into custody.

Ms Cromer asked about Stacey's behavior with boyfriends - apparently she falls fast and hard. She transforms herself into whatever she thinks the boy wants her to be. One example of this was in regards to a Hispanic boy Stacey dated - she dyed her hair black, shaved her eyebrows, drawing them back on and went to the tanning beds 5 times a week!

After meeting Witness X on the bus ride to the Courthouse SB fell into old habits, writing him 24 letters in just 1 month! SB wrote "romantic" stories, ie *advertiser censored*. She told him how much she loved his tattoos and how she wanted to get some herself. She also told him she practiced telling her version of the crime, out loud in her jail cell and asked him to help her make up a better story that fit the known facts of the case!!! It should be pointed out that Witness X originally thought SB was wrongly accused but after talking with her on the bus for sometime he discovered the truth, from SB's own mouth. According to Witness X Emma was deceased before she ever left Lancaster that afternoon!

The dump scene photos of precious Emma attest to SB driving around for hours (5 to 6) with her body in the backseat of the car. Emma was in full rigor when SB took her out of the car seat and left her in 3 feet of weeds right off the Golden State FWY.

The second witness was one of the LEOs who had seen SB at the PnR and followed her to the hospital because she claimed she had been attacked. She was found disrobed with one of her shoes in the back seat of the car and the other in the front. When asked what he observed about SB the thing that stood out was her clean manicured feet and hands - with no broken nails that one would expect to see after a vicious attack. (Ave S PnR is located yards from Lake Palmdale - right off the freeway - while it is paved it is also a dusty parking lot.)

He said SB never asked about the search for Emma, never even mentioned her name. She just complained about her aching head.

Something else that Ms Cromer brought up in opening was the "flurry of text messages" While driving to Lawndale and other parts yet unknown to us - SB was in frequent contact with BB - texting him that she and Emma were playing together at the park. In reality Emma was already deceased.

Next up - Brendan!

Many thanks to our friend Tori who after sitting in court all day was still up on the phone with me at 1130 last night. I wasn't taking notes so I hope I got this all right - we'll be talking again this weekend to get Friday's scoop - I'm sure it will be interesting!
 
During one of the last pretrial hearings, PD Dager remarked that he had a witness who he had not been able to locate. We know the attorneys are making a point when they drop these comments - on Thursday his reason was revealed when he saw Emma's paternal Gma in the gallery. He immediately called her out as a witness. She had to spend the day out of the Courtroom. (And yes he had her contact information the whole time!)

On Friday, she and Emma's daddy, Anthony took the stand. Out of respect for their wishes we are not referring to them by their last name.

A little background, Anthony and SB worked together at Country Wide (now BofA). They began dating shortly after SB started working there and she became pregnant with Emma rather quickly. Their ''relationship'' didn't last long and at some point during the pregnancy SB told him the baby wasn't his. After Emma was born SB did everything in her power to prevent Anthony and his family from having a relationship with Emma - most of his family didn't even meet Emma until her first Birthday.

According to a former friend, SB told Anthony he could only be in Emma's life if they were together. While we know the law was on his side, Anthony was dealing with substance abuse issues at the time. He now deals with the guilt of not doing enough while Emma was alive and it has all but destroyed him.

As Tori said, it was obvious that he is still kicking himself for not taking control of the situation and demanding visitation with Emma through the Courts sooner. Under questioning he said had the paperwork filled out and was waiting on his tax return to file the papers but he never got to do that because she was taken away from him forever!

Brendan was bumped from testifying on Friday - he's now spent three days sitting at the Courthouse waiting....

OK, I'll finish this after speaking with Tori, sometime this weekend.
 
LCM, thank you so much for your updates. I look forward to reading more.
 
Not much happened on Friday - actually nothing happened that really applied to SB's guilt or innocence.

During opening Dager made a point of saying Brendan is not the love of SB's life, (as if that changes what she did in the least or somehow makes it better). In fact during the time SB was dating BB she was also spending time with three other men! Yep - three.

SB and BB knew each other from HS. BB's mother was working at Country Wide and somehow the two became reacquainted through his mother, in 12/08. Yes, SB and BB were dating less than 3 months when she decided Emma did not fit into her plans and was cramping her style.

SB's mother was the one who shared the info about the "other men", 1 who also worked with her, another who they were not able to find and LASD Deputy M Villalobos (MV).

Villalobos took the stand late Thursday. He said he met SB through her brother in Jan '09. SB would come out to watch Nick play ball and she would bring Emma with her (NB & MV were on the same team). BB also played with them. MV was aware SB and BB were "together". MV said when SB showed up she and Emma would be greeted by SB's friends - except BB. BB would stay in the dugout when SB was there with Emma!

MV said he and SB would "hook up" they didn't "date". He wasn't taking her to dinner or the movies - they just got together for sex. When BB was around they "kept it on the down low." BB did spend the night at the Barker home once while her parents were out of town. MV remembers that Emma was already asleep that night when BB arrived. They were all in the garage hanging out and SB said she and BB were going to sleep. MV also said SB was a very good mother. (For 18 whole months :snooty:)

On Friday Emma's daddy, Anthony and paternal grandmother took the stand.

Dager was trying to make it seem that Emma's dad and his family just didn't care if they saw Emma or not. If they did they did, if not, ''oh well whatever". He actually said that to Emma's Gma before KC objected!

Gma became upset at a question about a savings account she had opened for Emma for college and cried. Dager asked her, "Are you upset?" She answered "Yes." "Are you upset with SB?" She replied "Yes." Dager then told her - "You are sitting there with all this anger for her!" Gma said, "I have NO anger for her, I am NOT angry, just upset!"

Some of Dager's questions were so badly worded that Judge Zacky had to rephrase them for everyone to understand what he was getting at! He tried to trip her up, but she didn't let him!

When Anthony took the stand it appeared that Dager was really taking advantage of his guilt for not being a bigger part of Emma's life. Anthony told the Court that SB was aware that he was moving to Long Beach in just a few weeks. She told him she was using birth control and he believed her. During the pregnancy SB said that the baby wasn't his and when Emma was born he and his family were not present. Emma was over a month old before they were told she had arrived!

When Dager asked Anthony if he was angry, Anthony said no, just sad. "Sad because you were not a good father to Emma?" "No, sad because my daughter is dead and I will never walk her down the aisle or play an Otis Redding record for her and dance with her." Anthony was sobbing as he answered.

I hope the jury is taking this all in. Dager has no defense for SB's actions except to throw everyone else who knew her and Emma under the bus. How that helps or how that changes her guilt is beyond me.

Once again my thanks to Tori for spending hours on the phone, rehashing the events of the day - I hope she wasn't too tired when she had to get up this morning.
 
I just heard from Tori - the bus broke down on the way from LA this AM - Judge Z is sending his bailiff Johnny to bring SB to the Courthouse!

Johnny said he will be returning Code 3 and will be back in 30 minutes! (It's about a 60 minute drive!)

I forgot to mention - After not returning to court since the April 1st discovery that BB was seen at the P-n-R the evening of March 18 - he has been there waiting, but no longer sits with the Barker's - He is now joined by his mom and they are sitting on the side of the State! (when he is allowed into the Court - he must wait out in the hall while witnesses testify.)

BB was snippy with Judge Z when he was bumped on Friday and Tori just said he was snippy this morning after finding out the trial would be starting late due to the bus overheating. Nervous? Maybe!

SB is seated before the jury is allowed into the Court - her handcuffs are removed but she still wears her leg irons.
 
Anyone who has a few minutes, could you please pick an email address off the list (at the WS link) and send off a letter requesting some MSM coverage.

We got Emma's story on Nancy Grace once before.

I have contacted The LA Times and the reply back was no mass email will be concidered, they also want contact information Name, daytime phone and city.

The Nancy Grace Link: http://www.cnn.com/feedback/forms/form5.html?81

Our list forwarded from Thread 1: http://www.websleuths.com/forums/showpost.php?p=3835455&postcount=7

I held off on notifying MSM thinking there would surely be some coverage by the weekend. Still nothing.

Thank You all who have taken this walk seeking Justice For Our Sweet Emma.
 
After the bus broke down Judge Zacky cleared the Courtroom asking everyone to return at 1:30. Brendan B was up first. (I'm sure he was thinking finally!) He told the Court that they met at Coach's Sports Bar on Dec 31, 2008 (so we're down to exactly 2 1/2 months before Emma was murdered) - they started talking, dancing, having fun, hanging out and then they shared a New Years Kiss at Midnight (remember her Myspace said, The best New Year's kiss I have ever had).

Ms Cromer asks if they had sex - BB said yes. She asks him how long before they started having sex - BB answered 'some time in January 2009.' She asked - 'Was in the first week, the middle of the month or the end of the month?' He doesn't recall. Ms Cromer kept pressing him for an answer and he kept replying 'It was just some time in January.' Asked if that was the best he could do? He said, 'Yeah'. So she asked him, ''OK, can we rule out the first week of January?" He replied; ''Sure you can if you want."

Ms Cromer is not pleased and she asked Judge Zacky to declare him a hostile witness. (Note - one of SB's aunts is a paralegal - when Sue Barker took the stand on day two she kept using the words "I can't recall." It was discussed in open court that Ms Cromer felt she had been coached after day one. Sounds like BB used the same coach...

Ms Cromer asked BB about his relationship with SB - what did they like to do - 'bars, clubs, Nascar?' BB said, 'clubs - yes, bars - sometimes, mostly Coach's, a sports bar and grill.' Ms Cromer asks how long the Nascar event was and he said one whole day - so they did not go to Nascar weekend, just the day? BB said 'Yes.'

BB admitted he spent one weekend at the Barker home while GB & SB were away. He arrived on Friday night after Emma was asleep.

Asked if SB called in sick from work on two occasions to spend time with him BB stated I don't recall, she may have. He admitted she called off on 3/18 and they spent the day together.

On St Patrick's Day they went to Coach's leaving at 10 after he had 1 beer and SB had 1/2 beer (RIGHT!) SB drove when they left, they took a drive to the peak over the aqueduct and spent 20 minutes looking at the lights of the Valley, then they returned to his place. He then told Ms Cromer he doesn't recall if they had sex that night or not.

Next Ms Cromer asks him if he is a chronic nail biter? BB said no, I have bitten my nails since I was young... (OK so he's a chronic nail biter). Something we blogged about early on was BB biting his nails and spitting / flicking them in the Courtroom.

She then asks if his nails typical today of how they were on 3/17 & 3/18? He said he doesn't know, maybe. She asks if he is hygienic with his hands? He replied, 'Yes, I am always washing my hands because I am a server' - Kelly said; 'You're a SURFER??? He said no, I am a SERVER... KC said 'Oh I misheard' and everyone laughed. She asked if he could show his hands and nails to the jury, he starts to hold up his hands and Dager objects, relevance. Kelly asks for a sidebar - they go talk to Judge Zackey and come back, Ms Cromer again asked BB to show his hands and nails to the jury, he complied.

Ms Cromer asked ''Did you lacerate the inside of SB'S vagina?'' BB said, ''I don't know.'' He looked confused at the question, so then KC asked, ''Do you know if you scratched the inside of SB'S vagina that night with your fingernails?'' He said he didn't know, it's possible. (there's the answer to that question!)

BB said he dropped SB off at home at about 4 AM so she could get dressed to appear that she was going to work. She told her brother she was leaving for work. She & BB spent the day lounging around, talking, going out for lunch - then SB left to go home.
 
At this point Nick Barker walked in wearing his Marine uniform. Judge Z commented "This is the witness I spoke of earlier." He thanked NB for serving our country, he then bumped BB (again) so Nick could testify and return to FL where he is stationed.

Nick knows of BB because he knew BB's brother in HS. He and BB are not ''friends''.

Nick testified that SB was spending more and more time with BB, less and less with Emma. She would be on the phone or texting BB, not paying attention to Emma - Emma was stuck in front of the TV or with some toys. This really bothered Nick.

Emma's bedtime had been 9 to 9:30 but shortly before Emma died SB was putting her to bed at 7:30 to 8 - so she could take off and see BB (SB's mom would have been at work).

SB told Nick that she thought BB was afraid of Emma and being thrust into her life, she felt didn't want to get attached to Emma if they were not going to be together long term. (BB told LE that he was not emotionally or financially ready for a child.)

Ms Cromer asked him about a statement made to Det McCarthy (in a phone call). "Why were SB and BB going to move out of town and change their names?" Dager objected.

On March 18, 2009 - Nick left the house around 7 and he was surprised that SB and Emma weren't there when he returned after 10PM. He tried calling and texting her but she didn't return any calls to him, he started calling around to find them.

Tori thinks Nick said he had received texts from BB throughout the night, which he found to be strange. 30 minutes after the last text BB knocked at the door, told him what was going on and to jump into the car.

be back later for more. Continued thanks to Tori!
 
Oh my!! Thanks for the updates LCoastmom!!
 
Nick basically refuted everything Sue Barker said about what was going on in the house - she and Stacey had been fighting for weeks - the more time SB spent with BB the less time she spent with Emma, the more angry Sue became.

Nick also testified about the special relationship SB had with her dad. She's always been Daddy's Girl and no one in the family is allowed to say SB murdered Emma or even talk about the case in front of him. Nick also said if SB is convicted dad will not have anything to do with anyone who helped put her away...

Nick had a ball game on 3/18 - when he arrived home and found SB and Emma missing he began looking for her - calling people she knew.

Nick and Brendan arrived at the PnR just in front of LE. When LASD showed up they asked Nick and Brendan to cover SB while waiting for an ambulance - they both removed their shirts to put over her.

Nick has never believed the story SB told about Emma's death being an accident - he admitted he is still angry with SB.

Brendan was at the Barker home the day after Emma was found when SB returned from being questioned. Nick heard them talking about changing their names and moving away - he called the information in to LASD! SB was also heard to tell BB "You owe me one."

BB is afraid SB is trying to make him a scapegoat in this mess - Ms Cromer let it be known there is NO ONE else implicated in the murder of Emma but there is an ongoing investigation regarding an accessory or an accessory after the fact - it involves the 6 pak of photos taken at the PnR. BB has been dismissed but is still on call and there was no further testimony regarding BB arriving with SB, leaving and returning with Nick to the PnR. BB does have an alibi for much of the time SB was on the road with Emma - he worked at Texas Cattle Co that evening from 4:30/5:00 until 9:00/9:30 and SB was sending him texts about playing with Emma at the park.

SB maintained her kidnapping story until confronted with the cell pings that had her leaving home at 4:07 and pinging in West Palmdale by 4:25 - she was headed to the freeway headed out of town - going in the opposite direction of the park. She has told Witness X that Emma was already dead before she left Palmdale - pretty tight timeline now - she arrived home at 3:30, had a 10 minute fight with her mother (before Sue ran out to go to her appointment) and at about 4:00 told her brother she was taking Emma to the park... Around 9PM she was near LAX, presumably on her way to Anthony's mother's house when she turned around and headed back - fast!

SB told Sue Emma died while playing peak a boo with a sandwich baggie taken from SB's purse - SB admitted to her mother that she did nothing to try and save / revive Emma when she "noticed" Emma was no longer breathing.

Emma was dumped off the 5 FWY in Sylmar - in a place that was out of the way for a girl from Lancaster. It breaks my heart that originally we heard that Emma had a blanket with her but now we know she was dumped with no blanket and her favorite blanket that she called blinky was missing from the home and not found in SB's car...

Another interesting factoid - A comment on SB's MySpace page from a friend referred to someone SB knew who was going to become a sheriff - turns out it was none other than SB herself! While "hooking up" with Deputy M Villalobos SB went and took the Sheriff's entrance exam!!

Today everyone in the Courtroom saw way more of SB than they ever wanted to see - the Forensic Specialist who was present for SB's SA exam testified - photos were displayed on an 80 x 80 inch screen - suffice it to say the injuries to SB's nether region are believed to be caused by "jagged fingernails" during digital penetration. Dager asked this witness if it was possible that the scratches / abrasions could have been caused by "self gratification", while anything is possible she did not think the injuries were self inflicted.

Det Nava sought out Tori today and asked if she was one of the bloggers! Seems like Dager is the only one who still dislikes what we do and he has given us more attention than we ever asked for.

Anthony's mom has said how much the family has appreciated our efforts - not only to keep them up to date but also because the family could refer others to our blogging to spare themselves endless phone conversations with well meaning friends and family. Gma has been in court all week for Emma!
 
Another interesting factoid - A comment on SB's MySpace page from a friend referred to someone SB knew who was going to become a sheriff - turns out it was none other than SB herself! While "hooking up" with Deputy M Villalobos SB went and took the Sheriff's entrance exam!!

This girl in one heck of a piece of work! Thanks so much for keeping us in the loop.
 
Stacey's Myspace page from a friend named "CAsSandra":
"Feb 20 2009 10:18 AM

LOL sounds like Marlie haha. They must get it from their Mama's =) Wow sheriff huh? That is awesome. Its a tough career but worth it. Nothing really new with me. My b/f and I have our own place and just takin it day by day. I dont work, I went through college and graduated blah blah but I got prego my last 3 months...so I couldnt just hop up and start working. Now Danny makes enough to where I dont have to. So I just do the whole housewife Mommy thing.

Where do you live at? I would love to get together sometime!!"

"CAsSandra" was one of the first to "unfriend" SB....
 
Next Witness was a forensic cell phone Det. Nick Cannis, he said he got the emergency cell phone records to track where she had been. He went through a list of times and calls and what cell tower they pinged off of. SB was past Palmdale at 4:18pm that day, she continued down the 14, pinging out the path to somewhere near LAX.

During this drive she gets a text from someone and SB answers the text with...."LOL, Exhausted and hung over, called in sick today"... According to what she told X this was after Emma was already dead in the back seat of the car!

There are no pings for almost 4 hours while she was near LAX at 5:22pm. The next ping is at 9:09pm and she is still near LAX... Where did she go, what did she do for the time of no pings on her phone?
 
I received a text from Tori this morning after the Coroner's investigator was on the stand. Very upset, pictures (15) from the dump site were horrific. Some jurors were crying as well.

If I understand her message SB asked for kleenex as if she was crying - but she was only faking it... sociopath in deed.
 
There are no pings for almost 4 hours while she was near LAX at 5:22pm. The next ping is at 9:09pm and she is still near LAX... Where did she go, what did she do for the time of no pings on her phone?

I don't think that is something we will find out! :( Thanks for the awesome updates!
 

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