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

[Cazzie]

I haven't been able to keep up with the case lately. With this arrest of Elisa (and not of AB), can it be that AB has been offered immunity from being prosecuted for Zahra's death and coverup?

 

[Hickory Born]

Forgive me if someone has already posted this.

North Carolina has a Habitual Felon statue...3 strikes and you are locked up for life. Hopefully this is what the DA is looking at. Guess that would mean 3 separate trials.

 

[Capri]

Forgive me if someone has already posted this.

North Carolina has a Habitual Felon statue...3 strikes and you are locked up for life. Hopefully this is what the DA is looking at. Guess that would mean 3 separate trials.

Interesting info explaining the Habitual Felon Statute here: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_2A.pdf

The accused has to be convicted of the first 2 felonies, to use this for sentencing, so how would this play out for AB? (Not from NC, so not familiar with it at all) How would that play out with the possible "deal" the DA and defense worked out?

 

[Peliman]

Elisa Baker is indicted on more charges, including fraud

I think she's going to need her own website to keep listing her charges.

In the indictment filed Monday, Baker is charged with using the Social Security number, driver license number and date of birth of her daughter, BS, to set up telephone and electricity service last March in Catawba County.

Read more: http://www.newsobserver.com/2011/03...charges.html#storylink=misearch#ixzz1FNviZP9a

 

[Flakes]

Areas search where no evidence or human remains were found:

Hartland Rd., Morganton

Indian Grave Rd., Lenoir

In the emotional toll thread I asked if it is only LE that has conducted searches? Do we know if any community service groups (Lions Club, Rotary, Freemasons. etc) have become involved in volunteering their time in searches? I just feel if EB gave these other locations to LE then maybe this is where Zahra's head and other parts might be found. Yes, I realise they have been searched, but you never know what a second search might uncover. Seems strange to me that two locations she gave produced evidence, while others didn't. Maybe they need to take her out there again, but this time make her get out of the car and show them the precise location.

 

[Mountain_Kat]

In the emotional toll thread I asked if it is only LE that has conducted searches? Do we know if any community service groups (Lions Club, Rotary, Freemasons. etc) have become involved in volunteering their time in searches? I just feel if EB gave these other locations to LE then maybe this is where Zahra's head and other parts might be found. Yes, I realise they have been searched, but you never know what a second search might uncover. Seems strange to me that two locations she gave produced evidence, while others didn't. Maybe they need to take her out there again, but this time make her get out of the car and show them the precise location.

Not to my knowledge.

 

[Kamille]

Forgive me if someone has already posted this.

North Carolina has a Habitual Felon statue...3 strikes and you are locked up for life. Hopefully this is what the DA is looking at. Guess that would mean 3 separate trials.

So she's got a second degree murder charge, an obstruction of justice charge, multiple counts of bigamy and some new identity fraud charges added to all her other charges that she came into this with. I think they might be able to consider her a habitual felon?

 

[Flakes]

Not to my knowledge.

if they haven't then I wish they'd get moving. This is the time for their assistance. They are a huge contributor to searches here.

 

[Kamille]

In the emotional toll thread I asked if it is only LE that has conducted searches? Do we know if any community service groups (Lions Club, Rotary, Freemasons. etc) have become involved in volunteering their time in searches? I just feel if EB gave these other locations to LE then maybe this is where Zahra's head and other parts might be found. Yes, I realise they have been searched, but you never know what a second search might uncover. Seems strange to me that two locations she gave produced evidence, while others didn't. Maybe they need to take her out there again, but this time make her get out of the car and show them the precise location.

I believe that animals may have dragged the bags away from the disposal site(s) and that finding the rest of the remains would be next to impossible at this time. Perhaps some day they may be stumbled upon by hunters or the like but I don't think they are recoverable from their original dump location .

If it's considered that the hole was dug before the remains were taken for disposal, perhaps it was discovered that the hole wasn't big enough and that is why the other bags were discarded in a roadside dumping area where they wouldn't stand out as something other than trash?

MOO

 

[Hickory Born]

Elisa Baker is indicted on more charges, including fraud

I think she's going to need her own website to keep listing her charges.

In the indictment filed Monday, Baker is charged with using the Social Security number, driver license number and date of birth of her daughter, BS, to set up telephone and electricity service last March in Catawba County.

Read more: http://www.newsobserver.com/2011/03...charges.html#storylink=misearch#ixzz1FNviZP9a

BBM
I will admit that I am obessed with facts. Charlotte Observer has stated the wrong county. EB didn't move to Catawba County until July 2010. The indictment was handed down from the Caldwell County grand jury. EB lived in Caldwell County in March 2010. The newspaper should have known the correct county.

 

[Mountain_Kat]

So she's got a second degree murder charge, an obstruction of justice charge, multiple counts of bigamy and some new identity fraud charges added to all her other charges that she came into this with. I think they might be able to consider her a habitual felon?

I'm not sure whether or not identity fraud is a felony. My limited understanding is that in some cases it is, and in cases it isn't. :waitasec:

I also don't know how the habitual offender thing works. My concern is that it may be set up in such a way that the person has to have been convicted of previous felonies in order for habitual offender status to apply. If that's the case, we'd be in trouble here I would think, because EB has, as of now, never been convicted of a felony. So wouldn't she have to be first tried and convicted on the obstruction, bigamy, and identity fraud cases (assuming identity fraud is a felony), in order for the DA to go after habitual offender status on the 2nd degree murder charge?

 

[dar107]

O/T I know, but there's really nowhere to put this. Got a little chuckle out of it.

http://www2.hickoryrecord.com/news/...riving-without-license-and-speedin-ar-824547/

Hickory --
High-profile Hickory attorney Lisa Dubs was cited for driving without an operator’s license and driving 70 miles per hour in a 55-mph zone last week. Her license has been expired for about six months.


The no operator’s license is for those who do not have a valid license in their possession when they were stopped. The driving while license revoked charge is reserved for those who been stripped of their license by the court.

Dubs said she renewed her license Monday and the District Attorney’s Office regularly drops the no operator’s license charge if the driver renews their license before the court date


“I would expect them to do the same for me unless the DA singled me out and treated me differently,” she said, adding that she believes District Attorney Jay Gaither will be fair and just.

The district attorney declined to comment on the case.

 

[stillwatersc]

As I've stated before, I'm of the opinion that LE must have confirmed AB's phone pings and GPS for the timeframe with independent witnesses such as his employer, people he was working with, or clients he was working for, etc. There is certainly in the wording. I even wonder if he was out of town.
[/B]

Also, if AB or Elisa made or received any calls during this time period, the phone records along with the party that he/she called would be a witness that they were with their phones. I don't use my cell much but many people are constantly talking/texting & updating/checking social networking sites. Also, if/when Elisa was doing this, AB was somewhere, most likely with someone.

My 20 yo brother died in an accident the morning of Sep 25 2010. It just horrifies me that these things happened to Zahra while my family was going thru the devastation of the wake/funeral/burial. The rawness & pain of what we went thru & are still going thru VS the disrepect & callousness of the people who were closest to precious Zahra. That little girl deserved a decent life and a decent burial. I can't stand to think of it.

 

[raisincharlie]

I don't for one moment believe any of Zahra's remains would have been found if EB hadn't given that info up. EB not only gives up the location of Zahra's remains (at least some of them), but she also gives up the information that dismemberment occurred. Without a body, without the dismemberment info, what would LE have? Hell, even with everything she gave up the most they have is a 2nd degree murder charge and a cause of death listed as " undetermined homicidal violence ". And I think they might have a hard time proving that.

As for the ransom note, I've never been able to get a handle on why EB copped to that so fast. Complete mystery to me to this day.

I tend to think LE had informtion that the hand writing was EB's, either by comparison with documents taken from the home or car, or else AB pointed it out for them. I kinda figure they had her dead to rights on that.

What I can't figure is why she even wrote it in the first place. Then again I wonder why AB did not realize his daughter was gone for almost 2 weeks and proceeds to tell LE and reporters he actually saw Zahra on one of three or four days before Zahra "goes missing". There are way too many of these kinds of questions for my liking.

 

[Kamille]

Also, if AB or Elisa made or received any calls during this time period, the phone records along with the party that he/she called would be a witness that they were with their phones. I don't use my cell much but many people are constantly talking/texting & updating/checking social networking sites. Also, if/when Elisa was doing this, AB was somewhere, most likely with someone.

My 20 yo brother died in an accident the morning of Sep 25 2010. It just horrifies me that these things happened to Zahra while my family was going thru the devastation of the wake/funeral/burial. The rawness & pain of what we went thru & are still going thru VS the disrepect & callousness of the people who were closest to precious Zahra. That little girl deserved a decent life and a decent burial. I can't stand to think of it.

So sorry about the loss of your brother stillwatersc. (((hugs)))

 

[Hickory Born]

Why wasn't EB also charged with Felony Tampering? Does North Carolina have this offense, my state does. Wiping up the blood would constitute this charge.

Where are the clothes EB/AB wore when Zahra was dismembered?

 

[Samiya]

I believe that animals may have dragged the bags away from the disposal site(s) and that finding the rest of the remains would be next to impossible at this time. Perhaps some day they may be stumbled upon by hunters or the like but I don't think they are recoverable from their original dump location .

If it's considered that the hole was dug before the remains were taken for disposal, perhaps it was discovered that the hole wasn't big enough and that is why the other bags were discarded in a roadside dumping area where they wouldn't stand out as something other than trash?

MOO

I contacted Chief of Police Adkins and offered to help co-ordinate a search by scavenger in the areas to try and find the skull and mandible. No reply, as I thought there wouldn't be, so I described how the searches are done in the email. I hope he takes note because it is a better chance of finding further remains than simply having EB take them on runs.

If he doesn't do it, I will try and co-ordinate one myself from here.

 

[panthera]

Elisa Baker is indicted on more charges, including fraud

I think she's going to need her own website to keep listing her charges.

In the indictment filed Monday, Baker is charged with using the Social Security number, driver license number and date of birth of her daughter, BS, to set up telephone and electricity service last March in Catawba County.

Read more: http://www.newsobserver.com/2011/03...charges.html#storylink=misearch#ixzz1FNviZP9a

Keep piling on the charges..........

 

[Peliman]

Had to do a little looking, here's what I see on her court calender. I'm actually seeing two counts each of these crimes added. Felony's

2635 Felony IDENTITY THEFT 14-113.20
2632 Felony OBTAIN PROPERTY FALSE PRETENSE 14-100

2635 Felony IDENTITY THEFT 14-113.20
2632 Felony OBTAIN PROPERTY FALSE PRETENSE 14-100

Two different docket numbers

Superior CALDWELL BAKER,ELISA,ANNETTE 06/06/1968 05/02/2011 0005 AM 2011CRS000404
Superior CALDWELL BAKER,ELISA,ANNETTE 06/06/1968 05/02/2011 0005 AM 2011CRS000405

Link: Hope this works for ya, if not I'll post another.

court calander - click me here

Now here's my prosecutorial plan for now (subject to change)

I've read about a timing issue in her previous charges before the second degree murder charge. There was speculation she may have to be released because the time she spent in jail was about to exceed the jail time she would have received had she been found guilty of the most serious charge of obstruction. Now it's a new ball game.

I see at least six (6) felony charges, 4 listed above and the obstruction.

I propose she be tried on the felony charges first before being tried for the 2nd degree murder charge. Then "I'm crossing fingers here." Then if convicted of at least two other felonys, she maybe considered a repeat offender for her murder trial.

Running it up the flag pole here, seeing if it gets shot down. Fire away sleuthers, I have my riot gear on.

 

[panthera]

Good thoughts, Peliman.......and hopefully you are correct! :behindbar MOO