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

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BakerUpdates NewsChannel 36
RT @GregArgos: State says both Emily Dietrich (biological mother) and Adam Baker want to address court after hearing in #zahrabaker hearing
5 minutes ago Favorite Retweet Reply

 

[Angelsunday]

"Are they putting the tape up because they think she was murdered in there?" -Elisa Baker. Wow. No Words.

 

[~n/t~]

One of my favourite pictures of sweet Zahra. :rose:

 

[NoeticSoul]

Elisa Baker pleads guilty to murder of stepdaughter, Zahra

" NEWTON -- Elisa Baker entered a guilty plea Thursday morning to second-degree murder and other charges related to the death of her 10-year-old stepdaughter Zahra Baker nearly a year ago.

Elisa Baker entered the pleas following an apparent plea agreement between her attorneys and prosecutors.

According to the agreement announced in court Thursday morning, Baker will face between 177 and 222 months in prison -- roughly, from 15 to 18 years.

During the hearing, a judge told Elisa Baker that the maximum penalty for the murder and other related charges would be 722 months, or more than 60 years."

_________________

Read more: http://www.charlotteobserver.com/2011/09/15/2610016/zahra-baker-case-could-end-today.html

 

[daisy7]

I have started a new thread about EB's plea today:

[ame="http://www.websleuths.com/forums/showthread.php?p=7126275#post7126275"]09.15.2011 EB Pleads Guilty to the Murder of Zahra - Websleuths Crime Sleuthing Community[/ame]

 

[JeannieC]

Live Streaming of the Court Proceedings

http://www.wcnc.com/live-stream/Live-video-Elisa-Baker-plea-hearing-129874748.html

They are at lunch now.

 

[JeannieC]

Sentenced to 177 to 222 months. Made to pay $300 restitution on fraud and Identity theft charges.
EB didn't have to speak and only showed emotion when she was being charged. No feelings showed for anyone else.

Adam was not involved and he spoke of the Hate he had for EB.

Zahra's mother fell apart after court. She had a real hard time talking during her statement.

 

[JeannieC]

EB still faces charges with the Federal Government that have not been resolved.

Adam said he was not happy with the sentence.

 

[borndem]

..from what i read---

..if she has changed her plea to "Guilty", i would think she'd have to allocute to the judge---in open court---and then we would get some answers as to what actually happened.

To "allocute" means to recite what you did when you committed a particular crime.


​

I'm certainly no lawyer, but from reading the NCGS, I see no reference to the defendant being required to allocute when accepting/taking a plea deal. Note, please, that I am not saying that the State of NC does not have it, but after researching the NC Statutes,I cannot find it referenced...IDK

 

[JeannieC]

I'm certainly no lawyer, but from reading the NCGS, I see no reference to the defendant being required to allocute when accepting/taking a plea deal. Note, please, that I am not saying that the State of NC does not have it, but after researching the NC Statutes,I cannot find it referenced...IDK

She didn't allocute. The only thing she said was yes. Nothing more. She got teary eyed when they pronounced her guilty and read the sentence. BTW, NC not longer has parole for convictions after 1994. She can serve fewer days, credit for good behavior.

She will probably get more time since she has federal charges against her and will be tried for them now. I hope the Feds have something good enough to give her 20 years or more.

She showed no remorse, no emotion regarding Zahra. She is evil. Pure evil.

 

[HMSHood]

Interesting she is taking a plea bargain. However, I would not be surprised if she changes her mind. I wonder what kind of childhood Elisa Baker had.

Elisa Baker's Analog
Gertrude Baniszewski-Closest analog to Baker because she tortured a child and got others to do it for her. Deeply insecure and psychopathic. Similar in appearance and demeanor.
Lori Drew-Same as Baniszewski, fueled by jealousy and fear of rejection. Similar in appearance and demeanor.
Diane Downs-Psychopathic and feels like the universe revolves around her.
Eric Harris-Like Baker, sadistic and enjoys hurting others.
Adolf Hitler-Same as Baniszewski and Drew.
Osama bin Laden-Same reason as Baniszewski, Drew, and Hitler.

 

[borndem]

I believe you are right. I hope she has to stand there and tell the truth if its in her. She still claims Zahra died in her sleep, according to her cousin and only visitor.

BBM

What total horse-pucky.... JMHO

 

[borndem]

One of my favourite pictures of sweet Zahra. :rose:

Those were the days when that sweet, innocent little Zahra was truly happy. No forced smiles were necessary.

Ohhh, how our hearts ache. How many couples (or singles) would have given anything to have such a daughter as she? Truly a gift from God.

 

[lauriej]

..i'd like to know who the "others" are, and have they been charged??

..also---adam lived in these places "used for distribution" with her----are we to believe he had zero knowledge of that too??

http://callsforjustice.wordpress.com/tag/adam-baker/

--------snipped-----
Elisa Baker still faces serious federal drug charges:

1. Conspiring with others to distribute and possess with intent to distribute Oxycodone, Hydrocodone and Alprazolam in Caldwell and Catawba counties from 2006 until 2010. Maximum penalty: 20 years in prison a $1 million fine or both.

2. Distribution and possession with intent to distribute Oxycodone (a Schedule II controlled substance) in Caldwell and Catawba counties from May 2006 until Oct. 2010. Maximum penalty: 20 years in prison, a $1 million fine or both.

3. Distribution and possession with intent to distribute Hydrocodone (a Schedule III controlled substance) in Caldwell and Catawba counties from May 2006 until Oct. 2010. Maximum penalty: 10 years in prison, a $500,000 million fine or both.

4. Distribution and possession with intent to distribute Alprazolam (a Schedule IV controlled substance) in Caldwell and Catawba counties from May 2006 until Oct. 2010. Maximum penalty: 5 years in prison, a $200,000 million fine or both.

5. Using and maintaining a place for the distribution of Oxycodone, Hydrocodone and Alprazolam in Caldwell County from 6 Congress St. Apt. 1, Granite Falls from July 24, 2009 until Nov. 9, 2009. Maximum penalty: 20 years in prison, a $500,000 million fine or both.

6. Using and maintaining a place for the distribution of Oxycodone, Hydrocodone and Alprazolam in Caldwell County from 4010 Phillip Lane, Hudson from Nov. 13, 2009 until April 8, 2010. Maximum penalty: 20 years in prison, a $500,000 million fine or both.

7. Using and maintaining a place for the distribution of Oxycodone, Hydrocodone and Alprazolam in Caldwell County from 21 21st Ave., NE, Hickory from July 2010 until Oct. 2010. Maximum penalty: 20 years in prison, a $500,000 million fine or both.

 

[Hickory Born]

LaurieJ, I don't get it...why haven't the Feds charged the "others" yet? If Adam tried to hit, with his car, BB because she owed them drug money, I would certainly believe he knew about the drugs and was "one of the others."

IMO some of the people who purchased drugs from them must have talked with the Feds. Maybe they will go back and implicate Adam also...maybe they hae already implicated Adam and he Feds were waiting to see what happened with the murder charges.

I don't believe for one minute Adam only smoked weed.

 

[lauriej]

LaurieJ, I don't get it...why haven't the Feds charged the "others" yet? If Adam tried to hit, with his car, BB because she owed them drug money, I would certainly believe he knew about the drugs and was "one of the others."

IMO some of the people who purchased drugs from them must have talked with the Feds. Maybe they will go back and implicate Adam also...maybe they hae already implicated Adam and he Feds were waiting to see what happened with the murder charges.

I don't believe for one minute Adam only smoked weed.

..i hope you're right...that LE has been waiting for the murder case to wrap up..

..the last we heard of adam's "assault with a deadly weapon" (the car) charge, along with 2 counts of uttering threats--was when his lawyer said he would be pleading not guilty, and going to trial.

http://www2.hickoryrecord.com/news/2011/apr/11/10/adam-baker-return-australia-soon-ar-939383/

Adam had five counts of worthless checks, two counts of communicating threats, one count of assault with a deadly weapon and one count of failure to return rental property.

He said Adam’s family paid the money Adam owed for the worthless checks. Pearce said Adam hopes for a swift resolution with the other charges.

“As far as the other charges, Adam does not intend on entering a plea of guilty to those charges, so we plan on having a trial.”

..perfect, bring it-----let's have a trial.

 

[Hickory Born]

How many years could he get if he was convicted on "assault with a deadly weapon"

How much time/years for the 2 counts of uttering threats?

How much time for the Catawba County charges about using someone else's name to obtain utilities?

Is there any punishment (other than deportation and his cute ankle bracelet) for being in the US illegally?

Wonder why his family recently left Giru and moved to Newcastle? Population of Giru is less than 400 people. Population of Newcastle is around 300,000. Are they trying to hide? Or are they going to try and hide Adam, IF he ever gets back to Australia?

I agree...bring on a trial.

 

[lauriej]

How many years could he get if he was convicted on "assault with a deadly weapon"

How much time/years for the 2 counts of uttering threats?

How much time for the Catawba County charges about using someone else's name to obtain utilities?

Is there any punishment (other than deportation and his cute ankle bracelet) for being in the US illegally?

Wonder why his family recently left Giru and moved to Newcastle? Population of Giru is less than 400 people. Population of Newcastle is around 300,000. Are they trying to hide? Or are they going to try and hide Adam, IF he ever gets back to Australia?

I agree...bring on a trial.

..as for the "time" he could be looking at on the charges-----i don't know----but did email a reporter working this story to see if she does.

..didn't KB say that she and her husband moved back to newcastle b/c he had retired from the sugar factory?

..she (KB) was quoted as being in newcastle right from oct. 2010 when zahra was "missing."

http://www.dailytelegraph.com.au/ne...girl-zahra-baker/story-e6freuzi-1225937869795

 

[Hickory Born]

LaurieJ, My mistake. I had been reading the Townville Bullentin all along and never caught that the Bakers had moved earlier.

 

[borndem]

How many years could he get if he was convicted on "assault with a deadly weapon"
§ 14‑32. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments.
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon.
(b) Any person who assaults another person with a deadly weapon and inflicts serious injury shall be punished as a Class E felon.
(c) Any person who assaults another person with a deadly weapon with intent to kill shall be punished as a Class E felon. [FONT=Times New (W1)](1919, c. 101; C.S., s. 4214; 1931, c. 145, s. 30; 1969, c. 602, s. 2; 1971, c. 765, s. 1, c. 1093, s. 12; 1973, c. 229, ss. 1‑3; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1138; 1994, Ex. Sess., c. 24, s. 14(c).)[/FONT]

Class C felony, mitigated, no points, is worth 44--58 months; Class E felony, mitigated, no points is worth 20--25 months -- but the Statute reads, "any person who assaults" so it sounds to me like the assault would have had to be actually committed. So, this may not apply. IDK.



How much time/years for the 2 counts of uttering threats?

§ 14‑277.1. Communicating threats.
(a) A person is guilty of a Class 1 misdemeanor if without lawful authority:
(1) He willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;
(2) The threat is communicated to the other person, orally, in writing, or by any other means;
(3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and
(4) The person threatened believes that the threat will be carried out.
(b) A violation of this section is a Class 1 misdemeanor. [FONT=Times New (W1)](1973, c. 1286, s. 11; 1993, c. 539, s. 172; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑262, s. 2.)[/FONT]
A class 1 Misdemeanor is probably worth probation or suspended sentence... no time, most likely...


How much time for the Catawba County charges about using someone else's name to obtain utilities?

Without the legal term used in the arrest, or the number (example: murder in the 1st or 2nd degree is "14.17" I cannot find it specifically. I looked under "fraud" and there were 405 references!!! Ack!

Is there any punishment (other than deportation and his cute ankle bracelet) for being in the US illegally?

Same problem as above...I used "illegal alien" and got nothing; then I used "alien" & got 93 references... Another Ack!!

Wonder why his family recently left Giru and moved to Newcastle? Population of Giru is less than 400 people. Population of Newcastle is around 300,000. Are they trying to hide? Or are they going to try and hide Adam, IF he ever gets back to Australia?

Looks like they're trying to "get lost," -- I agree! But if they are why would they state a specific town???? Or are they all a bit short on gray matter???:waitasec:

I agree...bring on a trial.

Maybe we'll eventually see him on the witness stand....:seeya:

(Ref: http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0014 )