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

oceanblueeyes

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I don't like to hear her called stepmother either. She gives all stepmothers a bad rap.

If anything at all came out for the best in this tragic case is it knowing legally EB was not her stepmother at all.

Only around 3-4% of stepparents murder their spouse's children. Most of the time it is done by one of their biological parents.

EB wasn't even a true mother:innocent: to her own children... much less to Zahra. EB is a predator, plain and simple, who relishes in destroying lives.

imo
 

marspiter

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If convicted she will be punished under structured sentencing in NC as a class B2 felony. Depending on priors and any mitigating or aggravating circumstances. She could get a sentence as low as 94 months (7 years) for a level 1 with mitigating factors or as high as 392 months (32 years) for a level 6 with aggravating factors. I'd say she is looking at 15 years.
 

oceanblueeyes

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Here's what I'm thinking about Adam not being charged, and with EB's charge today. I'm wondering if there were to charge Adam if that would give EB's lawyer reasonable doubt for her trial. All he would have to say is look, someone else is facing charge as an accessory, but how do we know who really did this crime? I think NC does not want to give EB's lawyer any reasonable doubt to possibly get an acquittal or a reduced sentence, God forbid. I think they're going to wait until after EB's trial to charge AB with anything. He's got those check charges coming anyway, so I'm thinking he'll be in jail at EB's trial time, and that's good enough for LE and the DA. Sure, EB's going to be yelling in his direction, but without any charges and with LE saying there is no evidence to indicate AB was involved with her murder, EB won't have any ground to stand on, and certainly no reasonable doubt at her trial.

It's kind of like the Casey Anthony case. We've all been so angry that her parents and brother haven't been charged with obstruction of justice or accessories after the fact. But doing so would actually give Casey reasonable doubt in her trial, and that would be horrible. With the state treating her parents and brother like victims, it takes away any chance of Casey blaming the whole thing on them.

It's better to wait until after both trials to charge anyone else in either cases as accessories than to do it now and risk either of these defendants getting reduced sentences or God forbid, an acquittal. It's just more advantageous to justice to wait until after both trials to do so. We hate to wait, but it's what we're going to have to do see true justice for Caylee and for Zahra! I really don't believe AB will get away scot free from this.

Whether Adam is ever charged (which imo he isn't going to be) or not the only defense I see that the defense attorney can use is 'SODDI." I mean what else do they have?

So whether he is charged or not charged now isn't going to stop a defense attorney from throwing spaghetti against the wall hoping some of it sticks. What is going to hurt EB even more is her past history of violence and abuse to others both adults and children. Imo some of her own children will testify against her. She has more baggage to tote into that courtroom than is seen in a airport.

It seems the DA is quiet comfortable with the evidence he has to proceed this case to trial and he also seem confident that the evidence will show no one else was involved in this unspeakable crime but EB. I am sure he already has an inkling what the defense theory is going to be and he is prepared to address that in court backed up with evidence.

There is just so much we do not know that LE/DA does know after thoroughly investigating this case for many long months now. Imo, they know who was involved, and who was not, and they know it right now,,, so they indicted EB yesterday, and from here they will proceed to trial.

IMO
 

oceanblueeyes

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But that's with "good behavior" which I don't see happening. Besides, the general population will take care of her. She'll never see the light of day.

I don't think a thing is going to happen to this wretched woman.:sick:

There are so many female inmates in prison nowadays that have murdered children that it is no longer a minority.

I never hear about women who murdered children being killed in prison. Even women who are sickening pedophile/murderers.

IMO
 

LiveLaughLuv

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Whether Adam is ever charged (which imo he isn't going to be) or not the only defense I see that the defense attorney can use is 'SODDI." I mean what else do they have?

So whether he is charged or not charged now isn't going to stop a defense attorney from throwing spaghetti against the wall hoping some of it sticks. What is going to hurt EB even more is her past history of violence and abuse to others both adults and children. Imo some of her own children will testify against her. She has more baggage to tote into that courtroom than is seen in a airport.

It seems the DA is quiet comfortable with the evidence he has to proceed this case to trial and he also seem confident that the evidence will show no one else was involved in this unspeakable crime but EB. I am sure he already has an inkling what the defense theory is going to be and he is prepared to address that in court backed up with evidence.

There is just so much we do not know that LE/DA does know after thoroughly investigating this case for many long months now. Imo, they know who was involved, and who was not, and they know it right now,,, so they indicted EB yesterday, and from here they will proceed to trial.

IMO

Also keep in mind, it was SHE who made a deal with the prosecution. Could be part of that deal was for her to be able to have the possibility for parole. It was SHE who lead police to Zahra's remains, it was SHE who knew where Zahra's remains were and it was SHE who dismembered her in an effort to not get caught. IMO, this is all EB...It's sad and frightening to think this woman might gain freedom and roam the earth. No one is safe from her, her evil will continue on...she is a bottom feeder, she's a scavenger who was already on the prowl for another victim.

Glad it's been shown she is an alleged bigamist which means she wasn't Zahra's stepmother after all...she is a psycopath...her own children felt her wrath...I hope she gets a taste of abuse while doing her time...she will have to look over her shoulder until....JMHO


Justice for Zahra
 

marspiter

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North Carolina Statutes

http://www.ncsu.edu/police/Information/NCLaw.html
[FONT=Geneva, Arial, Helvetica, san-serif]Punishments[/FONT]


[FONT=Geneva, Arial, Helvetica, san-serif]Punishment for Felonies (14-1.1)[/FONT]

  1. [FONT=Geneva, Arial, Helvetica, san-serif]Class "A" - Death or life imprisonment [/FONT]
  2. [FONT=Geneva, Arial, Helvetica, san-serif]Class "B" - Life imprisonment [/FONT]
[FONT=Geneva, Arial, Helvetica, san-serif]Murder in the First and Second Degree (14-17)[/FONT]

[FONT=Geneva, Arial, Helvetica, san-serif]A murder which shall be perpetrated by ... poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate and premeditated killing or which shall be committed in the perpetration or attempted perpetration of any arson, rape or sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon, shall be ... murder in the first degree ... and shall be punished by death or life imprisonment ... except that any person ... under 17 years of age at the time of the murder shall be punished with imprisonment ... for life.[/FONT]

[FONT=Geneva, Arial, Helvetica, san-serif]All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or the preparation of opium ... cause the death of the user, shall be ... murder in the second degree and ... shall be punished as a Class C felony.[/FONT]
[FONT=Geneva, Arial, Helvetica, san-serif]Classification: First Degree - Class A Felony (death or life imprisonment); Second Degree - Class B2 Felony (50 years, life imprisonment, fine, or both).[/FONT]

I believe this information above is incorrect.

http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_15a/gs_15a-1340.17.pdf

A class B2 felony has a maximum sentence of 393 months (32 years) as a level 6 in the aggravated range. The NC Guidebook on the elements of crime issued by the institute of government and UNC Chapel Hill sitting here on my desk also lists felony B2 as a maximum of 392 months under structured sentencing.

Obstruction is listed as a class H felony with a maximum of 25 months for a level 6. Well provided the obstruction was done with deceit and intent which in this case it is. If not it is only a class 1 misdemeanor.

Bigamy is a Class I felony with a maximum of 12 months for a level 3 in the aggravated category. Misdemeanors only have 3 levels in NC unlike felonies with 6 levels.
 

pip

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Second degree murder? Pfffft. This makes me so angry. She deserves Old Sparky. If this horrendous abuse and murder doesn't deserve the DP, what does? Our justice system is a trainwreck.
 

Aedrys

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I don't think a thing is going to happen to this wretched woman.:sick:

There are so many female inmates in prison nowadays that have murdered children that it is no longer a minority.

I never hear about women who murdered children being killed in prison. Even women who are sickening pedophile/murderers.

IMO

I would think, though, that even female inmates would have a problem with a child being dismembered, especially a child that was disabled in the first place. Most child murders don't involve dismemberment. EB is not going to have a happy time in prison. Even inmates have their limits.

I just worry about when she's up for parole - who is going to be there saying this devil woman should NOT ever leave prison and get her parole denied? I am terrified at the thought of EB being on the streets again.
 

oceanblueeyes

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I would think, though, that even female inmates would have a problem with a child being dismembered, especially a child that was disabled in the first place. Most child murders don't involve dismemberment. EB is not going to have a happy time in prison. Even inmates have their limits.

I just worry about when she's up for parole - who is going to be there saying this devil woman should NOT ever leave prison and get her parole denied? I am terrified at the thought of EB being on the streets again.

I think the elected DA will be there each and every time she comes up for parole and will plead with them not to let her out.

Usually the first two paroles are denied anyway. So that will push it back some. I want her to be an old sickly woman when she comes out and has no one to care for her. I don't think her kids will be there for her. They will move on with their lives and will be glad to be rid of her.

IMO
 

marspiter

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I would think, though, that even female inmates would have a problem with a child being dismembered, especially a child that was disabled in the first place. Most child murders don't involve dismemberment. EB is not going to have a happy time in prison. Even inmates have their limits.

I just worry about when she's up for parole - who is going to be there saying this devil woman should NOT ever leave prison and get her parole denied? I am terrified at the thought of EB being on the streets again.

I think she'll be on the streets sooner then you think. If this case is tried in Catawba county I wouldn't be surprised to see her get 15 years for everything. The obstruction and bigamy will either be dropped or consolidated for sentencing. At most I expect her to be convicted as a level 3 for a B2 felony with a presumptive range of 176-220 months (14 to 18 years) for her sentence. Max I say she is looking at 23 years.

Catawba county has proven to be rather weak on crime in the past as well imho. Many defense attorneys in the Western and Piedmont areas of the state like getting cases moved to Catawba.
 

Mustang Sally

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I think she'll be on the streets sooner then you think. If this case is tried in Catawba county I wouldn't be surprised to see her get 15 years for everything. The obstruction and bigamy will either be dropped or consolidated for sentencing. At most I expect her to be convicted as a level 3 for a B2 felony with a presumptive range of 176-220 months (14 to 18 years) for her sentence. Max I say she is looking at 23 years.

Catawba county has proven to be rather weak on crime in the past as well imho. Many defense attorneys in the Western and Piedmont areas of the state like getting cases moved to Catawba.

Perhaps Catawba County, North Carolina is a "sister county" to Putnam County, Florida...The home of HaLeigh Cummings...the place that sentenced her father Ron Cummings and babysitter/stepmother Misti Croslin Cummings for the sale and posession of narcotics. When in fact, they most likely know what happened to this missing child on the night of Feb. 9. 2009!

I am proud of the State of Florida....but feel nothing but horror for the happenings in and around Putnam County. Perhaps you feel the same way.

Dear God...Please bless the souls of Zahra Baker & HaLeigh Cummings

saddly...mustangsal
 

marspiter

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I am wondering who the superior court judge will be in this case? HH Kincaid or Poovey? HH Poovey was the judge that was seated for the Edwardo Wong trial which was a relatively high profile case in NC over the murder of State Trooper Shawn Blanton.

If there is a change of venue I would venture to guess it will be switched from district 25 to district 27. Particularly Gaston County. Since Gastonia is in roughly the same geographical location, same demographic, and only slightly larger then Hickory.
 

indicajane

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Unfortunately, women in prison do not have the same "tiers" regarding offenders as men in prison. Women who are convicted of terrible child abuse, and murder go on to lead happy and popular lives in prison.
It's sad, but true.
 

FaerieB

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Matou: Can you copy that to the news thread? TIA :)
 

matou

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Zahra Baker's biological mother 'excited' about murder charge

Read more: http://www.charlotteobserver.com/20...a-bakers-biological-mother.html#ixzz1EjVksFir

"I want her to sit in jail and I want her to live every day of her life remembering why she's there and what she's done," Dietrich said. "She needs to sit there and rot."

Investigators say there's no evidence that Adam Baker was involved in his daughter's death, but Dietrich remains unsure.

"You can't honestly tell me that for two weeks he had no idea what his daughter was up to," she said.

Later in the interview Dietrich said, "He's not acting like a man that's just lost his daughter at the hand of his wife."
 

diphi

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Wow - just signed on for today. There appears to be quite a few different conversations going on in this thread. Still, I'm looking forward to reading it all.

IMO
 

tlcya

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As to the comments from ED about indictment, I cannot say I would feel any differently in her shoes. My heart goes out to her.

As to EB's Auntie W's comments, there are many who would agree with her, but ANYONE related to EB is not someone who has much credibility in my book. Nobody ever heard of this chick til she decided to visit EB in jail and the whole Zahra was sick and AB dismembered her baloney story she says EB relayed to her. A story which LE has said they do not find credible and their evidence points another direction.

I think this Aunt person is one of "those" people who pop up in every big case, you know the type. They find they are associated with someone infamous and suddenly insert themselves into the picture for [certain type of] news reporters to interview. They like seeing their name in the papers. Of course this aunt may be a perfectly lovely woman, but my impression is - publicity seeker. So what she thinks of the indictment or about AB means very little to me.
 

Nore

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I just read that autopsy report and I feel so sick and angry, I said what I wished would happen to fake stepmum, I would be banned:sick:

---------------
Lets just say a piece of Ch*t should rot in He77.:behindbar
 

oceanblueeyes

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Zahra Baker's biological mother 'excited' about murder charge

Read more: http://www.charlotteobserver.com/20...a-bakers-biological-mother.html#ixzz1EjVksFir

"I want her to sit in jail and I want her to live every day of her life remembering why she's there and what she's done," Dietrich said. "She needs to sit there and rot."

Investigators say there's no evidence that Adam Baker was involved in his daughter's death, but Dietrich remains unsure.

"You can't honestly tell me that for two weeks he had no idea what his daughter was up to," she said.

Later in the interview Dietrich said, "He's not acting like a man that's just lost his daughter at the hand of his wife."

I do understand Zahra's mum and her questions. However she does not know the evidence in this case nor is she privy to what the investigation has uncovered these many months. Nor does she know the circumstances that existed around the time of Zahra's death.

If AB was remotely involved or had any knowledge as to what had happened to his daughter the DA and LE would arrest him in a nano second. He means no more to the DA/LE than Elisa Baker does.

The answers explaining all the circumstances will eventually be known when it comes from the witness stand during the trial. Maybe Zahra's mum will be able to attend.

IMO
 
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