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

Hickory Born

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Adam Baker pleads guilty to misdemeanor

By: Hickory Record Staff | Hickory Daily Record

snipped:
BBM


In Catawba County court today, Baker pleaded guilty to one count of unauthorized reconnection of electricity and was ordered to pay $349 in restitution. He also received a suspended sentence of 45 days in jail and was given 18 months of unsupervised probation.

Baker’s attorney, Mark Killian, argued in court that Baker’s wife, Elisa Baker, manipulated Adam into using her son-in-law’s name and information to have electricity turned on at their Hickory home.

Baker, 34, was originally charged with one felony count each of identity theft and obtaining property by false pretense.


Blame, blame, blame! I almost wish Elisa could get out of prison and get her hands on him. IMO he is "dumb as a fox."

There are a lot of people in Australia that are upset about his neglect of Zahra. Let him go home and see how he is treated.
 

Hickory Born

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Elisa Baker to get 20 years in plea on drug charges
Zahra's killer pleads guilty to one count

Hickory Daily Record

" CHARLOTTE --Elisa Baker pleaded guilty in federal court today to one count of selling prescription drugs and is expected to receive the maximum 20-year sentence. The plea agreement disposes the last pending charges against Baker, who is serving 14 to 18 years for the murder and dismemberment of her step-daughter, Zahra Baker."

"...Six other drug charges were dismissed. "

more

http://www2.hickoryrecord.com/news/2012/jan/05/baker-plea-deal-ar-1782016/


Disgusting...

eta: And more disgust to come with AB's "pleas"

BBM

I don't get it. Why just ONE count...involving 51,000 pills? IMO, North Carolina and the Feds have dropped the ball. The question is "WHY?"

Was this an easy out for them?
Was it lack of funds for a trial?
Was it to protect the mistakes made by DDS?
Was it to protect the North Carolina school system?
Was it to protect the witnesses?
Was it to protect NC doctors and pharmacies?
Or was it for another reason, we have no knowledge about?

North Carolina had a great chance to bring to the forefront the drug problem and with good investigation they could have put a fair amount of people in jail. Why didn't they make this case a "Tough on Crime" statement about illegal drug use? SHAME ON THEM!
 

Sabot

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Adam Baker pleads guilty to misdemeanor

By: Hickory Record Staff | Hickory Daily Record

snipped:
BBM


In Catawba County court today, Baker pleaded guilty to one count of unauthorized reconnection of electricity and was ordered to pay $349 in restitution. He also received a suspended sentence of 45 days in jail and was given 18 months of unsupervised probation.

Baker’s attorney, Mark Killian, argued in court that Baker’s wife, Elisa Baker, manipulated Adam into using her son-in-law’s name and information to have electricity turned on at their Hickory home.

Baker, 34, was originally charged with one felony count each of identity theft and obtaining property by false pretense.


Blame, blame, blame! I almost wish Elisa could get out of prison and get her hands on him. IMO he is "dumb as a fox."

There are a lot of people in Australia that are upset about his neglect of Zahra. Let him go home and see how he is treated.

But But, Xcuse me. Foxes ain't dumb.

Okay. I'll get me coat.

However, while I have long suspected that Elisa manipulated him, he still must have known that it was illegal.

Good idea. Transport him. Sorry, sorry, I meant Deport him.
 

JoeFromLB

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Since she was convicted of federal charges, she will have to serve at least 85% of the 20 years before becoming eligible for parole. Those are federal rules.

I'm wondering if she'll serve her time in federal or state prison. Federal prisons are not nice places.
 

Hickory Born

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Sabot, Speaking of sending him back to OZ. Who is paying for that air flight...most likely the US. I so hope that Australian officials are at the gate to meet him and charge him with taking Zahra out of their country illegally!

As his attorney said yesterday he is ready to get back to living like a "normal citizen." Well, his actions as a "criminal citizen" in Australia might just be the crowning blow. Hoping their justice system is better than ours.
 

Hickory Born

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Since she was convicted of federal charges, she will have to serve at least 85% of the 20 years before becoming eligible for parole. Those are federal rules.

I'm wondering if she'll serve her time in federal or state prison. Federal prisons are not nice places.

I am wondering if the 20 years will be concurrent with the sentence for murder. If so, she could be a free woman in 18 or so yrs. IMO this is NOT justice.
 

Hickory Born

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This is CALDWELL County (not the earlier Catawaba County)

Adam Baker sentenced to jail
Attorney files notice of appeal for sentence; Baker not taken into custody.

snipped:

Adam Baker was convicted of misdemeanor assault with a deadly weapon in Caldwell County District Court Thursday afternoon. He was sentenced to 30 days in jail.

A notice of appeal was immediately filed by his attorney, Shell Pearce. Baker was allowed to leave under a written promise to appear. His case will now go to Superior Court. A new court date was not immediately available.

more at:

http://www2.hickoryrecord.com/news/2012/jan/05/3/breaking-news-adam-baker-sentenced-jail-ar-1783393/
 

Flakes

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In Melbourne, Australia's The Age newspaper:

Adam Baker's plan to take the ashes of his murdered daughter, Zahra, back to Australia next week has hit a roadblock after a North Carolina judge sentenced him to a month in jail.

Former Queensland sugar mill worker Baker, 34, spent Thursday in courts in two North Carolina counties for a variety of charges that were not expected to lead to jail time.

However, the Hickory Daily Record newspaper reports District Court Judge BJ Mullinax sentenced Baker to 30 days in jail for an assault with a deadly weapon charge relating to an incident where Baker attempted to use a car to run a family member off the road.
...
The judge agreed not to send him to prison until a ruling is made on the appeal.
...
Elisa also appeared in a North Carolina court on Thursday facing seven drug charges relating to the sale of more than 50,000 painkillers and anti-anxiety pills between 2006 and 2010.

It was alleged she sold prescription drugs from three homes, including a trailer the family lived in and the rented house where Zahra went missing in October 2010.

Under the plea deal, seven drug charges carrying a maximum penalty of 140 years' jail were reduced to one count of conspiracy to distribute and possess a controlled substance.

Elisa, 43, a self-described gothic and pagan, is expected to be sentenced to a 20-year jail term served concurrently with the murder sentence.

"Yes," Elisa replied when asked by Magistrate Judge David Keesler if she was guilty of the charge.

Her sentencing date has not been scheduled.
...
Baker and Zahra...were in the US illegally as their tourist visas had expired.

US immigration officials are expected to deport Baker when his court matters are completed.

http://www.theage.com.au/national/jail-for-zahras-dad-puts-return-on-hold-20120106-1pnqf.html


Same appears in The Herald-Sun (with errors though): http://www.heraldsun.com.au/news/wo...iled-for-a-month/story-e6frf7lf-1226238155296
 

Flakes

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I am wondering if the 20 years will be concurrent with the sentence for murder. If so, she could be a free woman in 18 or so yrs. IMO this is NOT justice.

If the article I quoted above is correct, then the answer, sadly, is YES :(
 

Flakes

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Sabot, Speaking of sending him back to OZ. Who is paying for that air flight...most likely the US. I so hope that Australian officials are at the gate to meet him and charge him with taking Zahra out of their country illegally!

As his attorney said yesterday he is ready to get back to living like a "normal citizen." Well, his actions as a "criminal citizen" in Australia might just be the crowning blow. Hoping their justice system is better than ours.

IF Adam did take Zahra out of the country illegally (ie with a passport acquired via forgery, etc) then he will undoubtedly be dealt with under Australian law. If Zahra's passport was legally obtained then there's no likelihood of any charge. So far, there's been no public announcement made in Australia that it was an illegally obtained passport. We will need to patiently wait and see what transpires once he arrives at customs.
 

AmandaReckonwith

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"Catawba County District Attorney Jay Gaither said it is his understanding that Baker’s federal sentence and the state sentence will run consecutively.
According to Lia Bantavani with the US Attorney’s office, Baker will serve time for her state sentence prior to serving her federal sentence. Baker is currently incarcerated in the Mecklenburg County Jail."

...according to the article in the Hickory Daily Record.


The justice sections of the Zahra Baker are updated and will be updated as more is available. (I would have liked to see them both get LWOP)
But... Elisa will likely die in prison and Adam will likely die of stupidity.

Here are the links to--
Adam Baker justice:
http://s296.photobucket.com/albums/mm166/crankycrankerson/Zahra%20Baker%20%20-NC-/Adam%20Baker%20Justice-%20%20Charges-%20%20Hearings-%20%20Trial/

Elisa Baker justice:
http://s296.photobucket.com/albums/...isa Baker Justice- Charges- Hearings- Trials/

AND, the Zahra Baker Case Archive with many sub-albums:
http://s296.photobucket.com/albums/mm166/crankycrankerson/Zahra Baker -NC-/
 

Sabot

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Sabot, Speaking of sending him back to OZ. Who is paying for that air flight...most likely the US. I so hope that Australian officials are at the gate to meet him and charge him with taking Zahra out of their country illegally!

As his attorney said yesterday he is ready to get back to living like a "normal citizen." Well, his actions as a "criminal citizen" in Australia might just be the crowning blow. Hoping their justice system is better than ours.

Australia should pay for his flight home. It was their system that allowed him to cheat, resulting in the death of one of their citizens. But perhaps they don't want him back.
Who would pay if he had been turned away on landing in America, and was he not supposed to have a return ticket?
I don't believe that he was involved in the death of Zahra, but he sure as hell failed miserably in his duty of care. And two weeks on Pot while wielding a chain saw, but not noticing that his daughter was dead and dismembered in his house leaves me reeling.

But fear not, he will never get back to living like a "Normal Citizen." And I hope Zahra's mother sues the arse off him.
 

Donjeta

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Baker’s attorney, Mark Killian, argued in court that Baker’s wife, Elisa Baker, manipulated Adam into using her son-in-law’s name and information to have electricity turned on at their Hickory home.

http://www2.hickoryrecord.com/news/2012/jan/05/1/adam-baker-pleads-guilty-misdemeanor-ar-1782126/

Well, poor, poor, poor, POOR Adam, my heart bleeds for him... to be so cruelly abused and manipulated by his wife...

If he is so incapable of thinking for himself that he can be manipulated into thinking that his name is his son in law's name and that he saw his daughter a couple of days ago although she's been dead for weeks, he needs residential treatment with 24 hour supervision.

Can he be allowed to fly alone without an adult guardian? What if someone manipulates him into starting a fight on the plane or something?
 

Sabot

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Zahra's mother did have a right to be informed of Adam's plans for their daughter. She wasn't.
And he did know how to contact Emily since he had been taking her Child Support Payments for several years. So he lied about that to The Passport Office when he applied for Zahra's passport. That was an illegal act resulting in the death of Zahra.

I have long believed that he only took Zahra to America because he wanted to go on claiming the child support payments, albeit encouraged by Elisa.

The man is despicable, and I'm not so sure he is as daft as he seems. But I want a bit more Justice for Zahra than has so far transpired.
 

JoeFromLB

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"Catawba County District Attorney Jay Gaither said it is his understanding that Baker’s federal sentence and the state sentence will run consecutively.
According to Lia Bantavani with the US Attorney’s office, Baker will serve time for her state sentence prior to serving her federal sentence. Baker is currently incarcerated in the Mecklenburg County Jail."

...according to the article in the Hickory Daily Record.

Excellent news!
 

Dr. Know?

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While consecutively sounds good and all, it's still not enough for what Elisa did. I'll never understand how she was sentenced to 14-18 years for such a horrible act upon an innocent child.

Good one Donjeta! Poor wittle Adam..

RIP Zahra! Rest in peace...
 

lauriej

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http://www.wsoctv.com/news/30146337/detail.html
Zahra Baker's father stuck in country while appealing jail sentence

---video clip w/ adam @ link----


"Nothing really to say at the moment, just waiting to see what happens," said Baker as he left one of two court hearings Thursday.

He worked out a deal with prosecutors and pleaded guilty to a misdemeanor charge for using the power. Afterward, he went to the power company and paid $349.

"Here's a man who's lost his only child, his daughter who is very precious to him. It's been a tough time for Mr. Baker," said attorney Mark Killian.


Baker was sentenced to 30 days in jail for that assault charge, but his attorney's are appealing to superior court. That means Baker did not go to jail, but there is no word on when he will be able to resolve this in superior court.
 

Donjeta

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If she was so very precious to him you'd think he'd have noticed that she was not there.
 

Sabot

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If she was so very precious to him you'd think he'd have noticed that she was not there.

Wouldn't you just. Two bloody weeks and no contact whatsoever. Not even a good night kiss on the head. I don't know how they have got the nerve to spout this rubbish.

I wonder what sort of vomit making Press Release we will be subjected to when he finally arrives home?
 

Flakes

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Zahra's mother did have a right to be informed of Adam's plans for their daughter. She wasn't.
And he did know how to contact Emily since he had been taking her Child Support Payments for several years. So he lied about that to The Passport Office when he applied for Zahra's passport. That was an illegal act resulting in the death of Zahra.

I have long believed that he only took Zahra to America because he wanted to go on claiming the child support payments, albeit encouraged by Elisa.

The man is despicable, and I'm not so sure he is as daft as he seems. But I want a bit more Justice for Zahra than has so far transpired.
Sabot, I agree that AB is despicable ... no argument from me on that count whatsoever.

But, your other comments are opinion, not fact. We have absolutely no certainty that:
1) Emily had any legal right to be informed of Zahra's whereabouts
2) Adam had been taking child support payments from Emily for several years
3) by taking child support payments from Emily that Adam would know Emily's whereabouts
4) that Adam lied to the Passport agency when he applied for Zahra's passport.

Believe me, my heart goes out to Emily for her suffering – the suffering she felt with post-natal depression, the frustration of failing to permanently re-establish contact with Zahra, the frustration of constantly finding Adam had moved Zahra to new locations, and the horror of finding out that Zahra was missing, then dead. It is the worst kind of torture a mother could suffer. But I refuse to let that compassion and my emotions obscure information.

My responses to the above points:
1) If the Australian Family Court orders that a child is in the sole care of one parent without the involvement of the other (ie "parental responsibility" has been removed from the second party), then there's no legal requirement to inform the other parent of activities involving the child. But did this go to the Family Court? What orders are in place regarding Zahra?

2) Do we know as a fact that Emily was paying $ to Adam? This has not been confirmed in any Australian media. I personally feel if Emily was paying child support to Adam this would be an admirable quality in her, so I would commend her for doing so! But, be aware that in Australia, paying child support gives you no rights for access to or information about the child whatsoever.

3) In Australia the Child Support Agency usually obtains the child support payments from the paying parent and deposits these into the carer's account for use in care of the child. Assessments are made on information obtained directly from the Taxation department. There's no need for communication between parties. Locations and addresses of parties are not necessarily known to each other. The Agency has the right to shut down the bank accounts of negligent parents who are in arrears, and they can seize $ from that account to pay to the parent who cares for the child. Emily and Adam would not necessarily have known the location of the other. But again, do we know for certain that such payments were being made? And if they were, was it through the Child Support Agency?

4) An Australian passport application requires the consent of all parties who hold "parental responsibility for the child". It is not necessary to have both parent's signatures on the application if certain Family Court orders are in place, or if other circumstances exist. This is from the Australian Passport Office:

What happens if you cannot get consent?

If the consent of anyone with parental responsibility for the child cannot be obtained after all avenues have been exhausted, and there is no court order permitting the child to travel internationally, a written request for 'special circumstances' under section 11(2) of the Australian Passports Act 2005 may be made. An Approved Senior Officer, an officer delegated by the Minister for Foreign Affairs, will consider the statement in support of the request to determine if a passport may be issued without the other person's consent.

In such cases, the passport application must be accompanied by:

  • a statement made on Form B8 or B9 in which you state why the necessary consent has not and cannot be obtained, and explain the special circumstances relevant to the application, and
  • the child's full birth certificate, and
  • the originals of all court orders affecting parental responsibility for the child.

https://www.passports.gov.au/Web/Newppt/consent.aspx
So, Adam would not have been able to obtain a passport for Zahra unless he met the above criteria. They are VERY strict with this process. The only way he could have done this is with Family Court orders in place, or by filling in this B8 or B9 form (in which case the Passport office may choose to track down the other parent themselves to obtain information), or by forging Emily's signature. Do we have any evidence that Adam obtained the passport illegally?

I am certain that when he returns to Australian soil that if he did break the law then he will face charges.
 
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