2011.02.21: Elisa Baker indicted for 2nd degree murder!!

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Question:

If Adam is not charged with any involvment, can he be forced to stay in the US until after the trial if they need his testimony? Would he be allowed to leave and them flown back for the trial?
 
tlcox said:
I am betting the interview's airing was coordinated with these charges somehow. I wonder if the interview and its airing were given with the agreement that it would not be aired until last night. I am betting AB and KB may have been given a heads up about these charges against EB. The timing of the two - interview airing in Aus. yesterday, charges announced in Hickory today.
Click to expand...

Would it be possible to know ahead of time that charges would be brought today? I thought that grand jury was responsible for that decision and they did not meet until today.....unless they met last week and then again this morning. My interpretation of what was said on the news was that today was the initial day that they GJ reviewed and made a decision to indict her. Again, I'm pretty backwards when it comes to legal proceedings....so you may be right and they might have known it was coming.
 
heck, I am just as clueless about grand jury matters so who knows. I am on pins and needls over here waiting for this presser to begin. It has been such a long wait for these charges and I am sure we will all debate the rightness or wrongness of them til the cows come home later on down the road, were they too light, too heavy, etc. But for now, I am just so happy to see any sort of chages laid upon this woman for Zahra's demise.
 
Will there be a separate thread dedicated to the presser? That might be a good idea since it will likely discuss these charges but also may include ME report, COD info etc.
 
Finally! Why second degree murder, however??? I just can't see how an "accident" of some sort would then lead to the horrible act of dismemberment.
 
What does #2 in the pdf mean: the victim was secreted away from family PRIOR to the offence? Was Zahra killed elsewhere???
 
wow, I hadnt read an indictment before. I am used to reading court pleadings and they go on and on and on. This was one little page, criminal law is very different than what I am used to that is for sure.
 
..indictment----

date of offense-------on or about september 24 2010 -----!!
 
Agreed Reanne, plus the indictment reads: with mailce aforethought.

Doesn't that imply premeditation? I am out of my depth here with this kind of legaleese.
 
nice catch lauriej, I hadn't even noticed that I was so busy picking apart what the charges were, I failed to notice an approxiamte TOD has finally been put to paper.
 
I was wondering about the 2nd degree murder charge as well, I had to look it up.... Anyhow here is what I found:

Murder: Second degree.

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car

http://criminal.findlaw.com/crimes/a-z/murder_second_degree.html
 
I wonder if there was a deal since the term malice aforethought totally indicates premeditation IMO like others have mentioned.
 
lauriej said:
..indictment----

date of offense-------on or about september 24 2010 -----!!
Click to expand...

THAT shakes things up quite a bit doesn't it? Kinda makes *last* Tuesday or Thursday as the last time AB saw Zahra.. um..not very viable...
 
HLN just announced that they too will be carrying the presser live.
 
tlcox said:
Agreed Reanne, plus the indictment reads: with mailce aforethought.

Doesn't that imply premeditation? I am out of my depth here with this kind of legaleese.
Click to expand...


That is what I was thinking. I would think 1st degree would be more appropriate. I also think Adam should be charged with obstruction, negligence ,abuse, stupidity, if nothing else. How do you live in a 1000 sq.ft home and not know your child was missing and dead for over two weeks? I just don't buy it.
 
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