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Author Topic: Zahra Clare Baker #9 11/27/10 - 1/5/11  (Read 199258 times)
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Kat_Gram
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« Reply #700 on: December 13, 2010, 06:17:25 PM »

On Monday, December 13th, Attorney Amanda Martin filed a civil motion to have the remaining 30 search warrants unsealed.

Who is this and why ?
If LE says it will damage the investigation, then let's take their word for it, it will be public soon enough. 
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statru
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« Reply #701 on: December 13, 2010, 09:41:08 PM »



http://www2.hickoryrecord.com/news/2010/dec/13/court-asked-unseal-more-warrants-zahra-baker-case-ar-614566/
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« Reply #702 on: December 13, 2010, 09:42:18 PM »

 NEWTON --

A hearing in Catawba County Superior Court for a motion to unseal two search warrants in the Zahra Baker case was cancelled on Monday because the clerk of court released those warrants with the others on Nov. 30.

However, attorney Amanda Martin, who is acting on behalf of several media outlets including the Hickory Daily Record, filed a new motion seeking to unseal additional warrants.

Since the investigation began into the disappearance and death of 10-year-old Zahra, investigators have wanted the search warrants in the case sealed.

Media outlets requested the warrants be released to the public. According to Superior Court Judge Timothy Kincaid’s administrative order, sealed warrants expire in 30 days unless a motion was filed to extend the date. The district attorney’s office fought any of the warrants being released.

On Nov. 29, the district attorney’s office filed a motion, asking that any warrants on file that had not passed the 30-day mark remain under seal. This applied to Oct. 27 and 29 warrants.

When Judge Nathaniel Poovey ordered the release of the warrants, these two warrants should not have been released, according to his order. It stated that the court will hear the state’s motion to extend the sealing orders for entered on October 27 and October 29 on December 13 or at such other time…that the matter could be heard.”

The two warrants that were under orders to be sealed are back under seal, as of Dec. 10. On the outside of the two search warrants is a copy of Poovey’s order, along with a note, stating they are resealed per an order signed by Poovey.

“We never ordered that they be given out,” said Jay Gaither, Catawba County district attorney. “They are still sealed. “We haven’t taken any action. They remain under seal, they were just mistakenly given out.”

Al Jean Bogle, clerk of court for Catawba County, disagrees with that statement. She said her office followed the judges' instructions. However, she said her office has to deal with several different orders.

“We’ve had several different judges — Judge Poovey, Judge Kincaid, Judge Bell and Judge Cherry — sign on these (search warrants and orders), attorneys assigned and removed on this case, and no charges have been filed,” Bogle said.

“This case has been very difficult. I am committed to doing my job according to the law and the best of my ability,” she added. “I’m dealing with paperwork from judges, attorneys and the district attorney. We file paperwork and unseal them according to judges and the law.”

Bogle  said if her office did make a mistake, though, they will correct it.

In all, there have been 41 search warrants in the Zahra Baker case, Bogle said. This includes two search warrants that have not been returned to the clerk’s office yet.

Martin, a Raleigh attorney who serves as general counsel for the North Carolina Press Association, is representing several media outlets interested in getting the search warrants unsealed. She filed a motion Monday to unseal the search warrants related to the Zahra Baker case.

Martin asked for a hearing on Dec. 20, or as soon thereafter as a judge would be able to schedule a hearing on the motion. Superior court does not meet that week, Bogle said. The next available court date will likely be Jan. 3.

According to Martin, part of her argument against the sealing orders is that the request to seal the search warrants was issued before the warrants were served or executed, so they are grounded partially on speculation. The sealing orders also are not narrowly tailored in scope or how long they should be sealed.

No one has be charged in the disappearance and death of Zahra Baker.

Zahra, who lost part of her left leg and some of her hearing to cancer, was first reported missing by her father, Adam, on Oct. 9. On Oct. 12, the case was changed to a homicide investigation. Her stepmother, Elisa, 42, is currently in jail for writing a false ransom note in which she demanded $1 million. Because of that, Elisa has been indicted on one count of felony obstruction of justice. She has also been arrested on several other charges unrelated to Zahra’s disappearance. Adam was arrested, as well, on several charges unrelated to the case, but is out of jail on bond.
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sassifrass
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« Reply #703 on: December 13, 2010, 10:13:42 PM »

This is totally unbelievable...Justice delayed is justice denied.

Curly: I LOVE this statement! Can I put this in my sig line?
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« Reply #704 on: December 14, 2010, 12:58:44 AM »

I have never in my 58 years ever seen such a mess, out of a case that I think should be open and convicted, pronto !

None of this is acceptable to me. IF LE has a good reason, I hope they reveal it soon,
so this does not end up to be a dog and pony show like the case for Caylee Anthony !
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Why do people kill people,who kill people, to show people that to kill people is bad ?
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« Reply #705 on: December 14, 2010, 07:58:45 AM »

http://www.charlotteobserver.com/2010/12/14/1909450/warrants-again-at-issue-in-case.html
Warrants again at issue in case of Zahra Baker
Media motion seeks to unseal 20 search documents as public records under law. Prosecutors want papers to stay closed
By Franco Ordoñez
fordonez@charlotteobserver.com
Posted: Tuesday, Dec. 14, 2010

Regional media outlets on Monday sought access to more than 20 sealed search warrants in the investigation into the death of 10-year-old Zahra Baker.

The documents include medical records for Elisa Baker, Zahra's stepmother, and Department of Social Services files in seven counties on Elisa Baker and three of her biological children.

In a motion filed in Catawba County, an attorney representing The Charlotte ******* and several other media outlets said prosecutors haven't sufficiently justified why the documents need to be sealed.

The use of search warrants is an incredible exercise of the state's police authority," Amanda Martin, general counsel to the North Carolina Press Association, told the *******. "Transparency and public oversight can be the only check on the exercise of that power."

Search warrant documents are public records but can be sealed under certain circumstances. Typically, they spell out what evidence investigators are looking for during a search, and also include an inventory of items seized.

Some 37 warrants have been filed since Zahra Baker was reported missing Oct. 9. A judge has already unsealed 11 of the earliest warrants issued in the case. Those still under seal were issued in October and November, and prosecutors want to keep them private.

The Catawba County District Attorney, James Gaither Jr., has argued that unsealing warrants could jeopardize the state's prosecution and the right of a defendant to receive a fair trial. But his motion does not spell out how those rights might be compromised.


Read more: http://www.charlotteobserver.com/2010/12/14/1909450/warrants-again-at-issue-in-case.html#ixzz185fZonFh
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Curly
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« Reply #706 on: December 14, 2010, 05:29:39 PM »

This is totally unbelievable...Justice delayed is justice denied.

Curly: I LOVE this statement! Can I put this in my sig line?

Of course, Sassi. Be my guest. I didn't make it up.
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OMGWTF

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SuzieQ
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Justice for Natalee


« Reply #707 on: December 15, 2010, 03:08:04 PM »

As much as I would like to read the search warrants, I think I am going to trust the DA that they need to stay sealed for now. Some of the names that have signed the pertition.


Valerie Bardascino To District Attorney James Gaither and to the Superior Court Judges, all of Catawba County, NC:We, the undersigned, would ask that you hear our plea to you regarding the release of warrants in the Zahra Baker case. We ask that the warrants would remain sealed and not be released to the public. Justice must be served an...d nothing should threaten the outcomes of this case. We wish this not only for Zahra Clare Baker and her family, but for all victims of child abuse. Sincerely, The Zahra Project
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http://www.facebook.com/#!/thezahraproject
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Dihannah1
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God watch over our children and keep them safe.


« Reply #708 on: December 15, 2010, 11:17:27 PM »

This is totally unbelievable...Justice delayed is justice denied.

Curly: I LOVE this statement! Can I put this in my sig line?

I respectefully disagree.  If they are witholding information to benefit the case, then so  be it.  It's worth waiting for, for true justice.  Let's pray that LE knows more than we do and has good reason to delay.   an angelic monkey
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Monkey King
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« Reply #709 on: December 16, 2010, 01:26:00 AM »

They need to do whatever it takes to preserve the integrity of this case for a successful prosecution.
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« Reply #710 on: December 16, 2010, 02:23:55 AM »

 Dihannah1

Monkey King

I AM in full agreement with both of you !
But, this all seems so complicated with Z's case. Lock up the guilty and
go forward. It did not take LE long at all to lock up Elisa. Why
do u suppose that is ?

Nite all.  have to finish shoping 2 morrow and I dread it.
I am out of the mood for Christmas. My ONLY sister has relapsed with the CHF and
Diabetes and is going downhill quickly. It is in God's hands, not mine,
but I take it back too often !
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Why do people kill people,who kill people, to show people that to kill people is bad ?
Monkey King
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« Reply #711 on: December 16, 2010, 07:11:47 AM »

LEP: Sorry to hear about your sister. More stress with the holidays as well.

The reason they were able to lock up EB is #1: The police knew they had to seperate her and AB. They must have know EB was the easier nut to crack- which she did by admitting to the ransom note.
#2: Both AB and EB had prior charges unrelated to this case. Once EB admitted to the ransom note, they then had a charge to keep her in jail while the investigation continued.
#3: According to the law, no one can be charged with a capital crime unless by indictment by a Grand Jury. The brutality and savagry of this case stands on it's own merit. The Grand Jury will be apalled just as much as we are. I don't doubt someone will be held to account for Zahra's death. The wheels of justice turn slow, but they do turn. This case has international attention. It will not go cold.
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« Reply #712 on: December 16, 2010, 01:06:48 PM »

Media ask Zahra warrants be opened


Regional media outlets on Monday sought access to more than 20 sealed search warrants in the investigation into the death of 10-year-old Zahra Baker.

The documents include medical records for Elisa Baker, Zahra's stepmother, and Department of Social Services files in seven counties on Elisa Baker and three of her biological children.

In a motion filed in Catawba County, an attorney representing The Charlotte ******* and several other media outlets said prosecutors haven't sufficiently justified why the documents need to be sealed.


"The use of search warrants is an incredible exercise of the state's police authority," Amanda Martin, general counsel to the N.C. Press Association, told The *******. "Transparency and public oversight can be the only check on the exercise of that power."

Search warrant documents are public records but can be sealed under certain circumstances. Typically, they spell out what evidence investigators are looking for during a search, and also include an inventory of items seized.

About 37 warrants have been filed since Zahra Baker was reported missing Oct. 9. A judge has already unsealed 11 of the earliest warrants issued in the case. Those still under seal were issued in October and November, and prosecutors want to keep them private.

The Catawba County District Attorney, James Gaither Jr., has argued that unsealing warrants could jeopardize the state's prosecution and the right of a defendant to receive a fair trial. But his motion does not spell out how those rights might be compromised.

DA wants seal extended

His office recently filed a motion to extend the seal on the warrants. A hearing has been requested for the week of Dec. 20, but no date has been set.

No charges have been filed in the death of Zahra Baker, whose tragic story has captured worldwide attention. Much of investigators' focus has been on her father, Adam Baker, and stepmother, Elisa Baker.

Elisa Baker is in jail after police say she admitted writing a fake ransom note to thwart investigators looking into Zahra's disappearance.

The sealed warrants were signed by five judges between Oct. 15 and Nov. 30. Each is in a manila envelope sealed with packaging tape and kept in a box at the Catawba County Courthouse.

Inside the envelopes are details uncovered from searches at the Baker's Hickory house, Elisa Baker's medical records, and information about the website where Elisa and Adam Baker met. They also include Elisa Baker's phone records and family records with the Department of Social Services in Alexander, Burke, Caldwell, Catawba, Cleveland, Lincoln, and Gaston counties.

Some warrants opened

On Dec. 2, Superior Court Judge Nathaniel Poovey unsealed 11 warrants, noting that a 30-day limit on seals had expired.

Those documents revealed a substantial amount of information about the case. They describe how Elisa Baker rode with police and directed them to locations where evidence had been discarded. Through her attorney Lisa Dubs, Baker told an investigator that Zahra's body had been dismembered.

Rape allegation

The warrant documents also contained a statement from an unnamed source claiming that two men may have raped Zahra before she died. The men, who have not been charged, have denied the allegations and told The ******* that they passed a polygraph test.

Elisa Baker also took a polygraph test, the documents show. When asked "Did you hurt Zahra?" and "Do you know if anyone has done harm to that child?," she showed deception in her answers, according to the documents.


http://www.newsobserver.com/2010/12/16/864693/media-ask-zahra-warrants-be-opened.html
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crazybabyborg
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« Reply #713 on: December 16, 2010, 01:06:56 PM »

I'm really frustrated that AB has not been arrested, but right now, I'm still trusting that there are valid reasons that are best for the case. I want every chance persued to take every opportunity for truth to be exposed, and every "i" dotted and "t" crossed.

I'm hoping that when LE is ready, AB and EB are going to be devastingly stunned at how thoroughly they are wrapped up, with no wiggle room at all.
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Curly
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« Reply #714 on: December 16, 2010, 07:37:37 PM »

We can only hope, CBB.
They're just moving too slowly for my taste and it's totally frustrating.
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OMGWTF

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« Reply #715 on: December 16, 2010, 08:22:06 PM »


Hickory officer charged with DWI‎

Falowski was among the officers investigating the Zahra Baker case

http://www2.hickoryrecord.com/news/2010/dec/16/hickory-officer-charged-dwi-ar-623848/
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sassifrass
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Where are you Kyron?


« Reply #716 on: December 17, 2010, 10:41:10 AM »


Hickory officer charged with DWI‎

Falowski was among the officers investigating the Zahra Baker case

http://www2.hickoryrecord.com/news/2010/dec/16/hickory-officer-charged-dwi-ar-623848/

I don't condone drinking and driving, but after what these officers have witnessed in this case, if they didn't drink before, I wouldn't be at all surprised if they started drinking now. 
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SuzieQ
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Justice for Natalee


« Reply #717 on: December 17, 2010, 11:34:06 AM »

According to Ray Berkey WCNC, Elisa had a hearing this morning on her bad check charges. I was posponed till April.

http://twitter.com/#!/RadBerkywcnc
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« Reply #718 on: December 17, 2010, 11:56:12 AM »


Hickory officer charged with DWI‎

Falowski was among the officers investigating the Zahra Baker case

http://www2.hickoryrecord.com/news/2010/dec/16/hickory-officer-charged-dwi-ar-623848/

I don't condone drinking and driving, but after what these officers have witnessed in this case, if they didn't drink before, I wouldn't be at all surprised if they started drinking now. 

I absolutely agree with you. It is an awful murder, and police officers are only human too. I have cried my own tears over Zahra and I know lots of people have. This is one case I will never forget, and I think anyone who has seen it first hand will have nightmares for a long time. I hope all of the officers dealing with this are getting counseling and have a good pastor.
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crazybabyborg
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« Reply #719 on: December 17, 2010, 12:05:09 PM »


Hickory officer charged with DWI‎

Falowski was among the officers investigating the Zahra Baker case

http://www2.hickoryrecord.com/news/2010/dec/16/hickory-officer-charged-dwi-ar-623848/

I don't condone drinking and driving, but after what these officers have witnessed in this case, if they didn't drink before, I wouldn't be at all surprised if they started drinking now. 

I absolutely agree with you. It is an awful murder, and police officers are only human too. I have cried my own tears over Zahra and I know lots of people have. This is one case I will never forget, and I think anyone who has seen it first hand will have nightmares for a long time. I hope all of the officers dealing with this are getting counseling and have a good pastor.

Yeah, Fanny, I'm with you. This case is the hardest one I remember. What Zahra endured is beyond belief. 
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