Zahra Clare Baker #10 1/5/11 - 9/17/11

[sassifrass]

I have a very difficult time coming back to this thread because of the pure evil that Zahra endured from these people.

I wanted to post this beautiful video called "Justice for Zahra". Let's not forget and let's not give up on our determination to get justice for this sweet angel. Keep you tissues handy. 

http://www.youtube.com/watch?v=W4v_YPaEF3g

[Northern Rose]

I believe Adam is due in court this week on Jan 21.

[Northern Rose]

Did judge overstep in the Zahra Baker case?
Gaither says Poovey had no right to release warrants

Hickory --
Superior Court Judge Nathaniel Poovey has released 11 warrants related to the Zahra Baker investigation. Some of the documents provided stark insights into the circumstances surrounding the 10-year-old girl's death and dismemberment such as allegations that the child may have been raped before she was killed. Others were mundane, like information about medical records.

An additional 30 warrants were unsealed after the District Attorney's office removed its objections allowing the media to access the documents.

The question is: Did Poovey have the power to release documents sealed by fellow Superior Court judges, or did he overstep his authority?

Some say he did.

"The release of the sealed documents caused immediate and irreparable harm to the state, whereas the injury to the public and the media by a temporary stay of the effect would have been minimal," said District Attorney Jay Gaither.

Poovey released the warrants on Nov. 30. Gaither's office filed a notice of appeal with the North Carolina Court of Appeals on Dec. 30.

Gaither said the appeal isn't about the information in the warrants, but how the warrants were unsealed.

Gaither's concern is that a judge could repeat these actions.

"The dispute is capable of repetition yet evading review," according to notice of appeal.

Though that explains why Gaither is appealing the decision after the warrants have already been unsealed, but the argument may not be enough to convince the Court of Appeals to hear the matter.

"I don't think the Court of Appeals is going to hear it just because it may happen again," said 24-year veteran Superior Court judge Forrest Ferrell, who is now in private practice.

In his order releasing the warrants, Poovey wrote that the public has the right to know what's in them. The district attorney argued that releasing the warrants could jeopardize the case by undermining an ongoing investigation and denying a fair trial to anyone who may be charged in Zahra's death.

But the issue at hand is not whether the information in the warrants should be public or whether their release would mean that the person who killed Zahra could avoid prosecution.

The issue is whether Poovey overstepped his authority when he released the warrants in contradiction to signed orders from four other Superior Court judges.

Gaither thinks it’s a matter for the state appeals court to decide.

"The Court is without authority to overrule, modify or rescind an Order of the Court of the same Division when such an Order is plain, complete and unambiguous," according to the notice of appeal. "Judge Poovey's Order is an impermissible exercise of appellate jurisdiction by a trial Judge."

Ferrell agreed that, in most cases, Superior Court judges should not reverse one another's decisions.

"It is generally true that one Superior Court judge cannot overrule another - unless all the parties agree to it," he said.

N.C. Press Association attorney Amanda Martin does not think Poovey’s Nov. 30 order “overruled” the earlier orders. Martin represented the Hickory Daily Record and several media companies who petitioned the court for the unsealing of the warrants.

“First, each of the earlier orders contained the phrase “until further order of the court,” implying that a subsequent order would be appropriate to release documents that had been sealed,’’ said Martin.

“Even more fundamentally, however, the Administrative Order stated that warrants would be sealed for 30 days unless a specific time were stated.  In this case, no specific time was stated, and therefore by definition the warrants were public after 30 days,” sid Martin. “Judge Poovey’s Order simply recognized or clarified that fact.”

THE CONFLICT'S ORIGIN

The problem started Oct. 1 - more than a week before Zahra was reported missing - when Senior Resident Superior Court Judge Timothy Kincaid issued an administrative order about search warrants. It stated that search warrants are public record after they have been served unless a judge issues an order sealing them. If a warrant is sealed, that sealing order "Shall expire in 30 days unless a different expiration date is specified in the order."

Kincaid’s order echoes North Carolina’s Public Record Law, which states that search warrants become public records once they have been served.

When Zahra Baker was reported missing Oct. 9 and the search was declared a homicide investigation on Oct. 12, search warrants were issued for a variety of locations, electronic devices and websites.

Judges Kincaid, Poovey, Robert Bell, Richard Boner, Burford Cherry and Thomas Locke sealed the warrants indefinitely, "until further order of the court," in response to the district attorney's requests. That phrase made the orders appear to be in conflict with Kincaid's Oct. 1 order.

When Poovey released 11 search warrants on Nov. 30, he wrote that, "When possible, orders shall be read in such a way as to resolve or avoid conflict," and ordered the Clerk of Court to release the warrants.

A judge has the ability to vacate his own orders, but that's not what Poovey did in the Zahra case. He countermanded his fellow judges' orders by issuing an order to release warrants he interpreted to have already been unsealed through Kincaid's Oct. 1 order.

North Carolina law states that only appellate (appeals) courts have the authority to parse conflicting orders from judges. "No judge can change, abrogate or overrule another judge of the same court." (Morley vs. Morley) The only exception would be an instance where it could be shown that the judge whose order was being re-versed had committed "abuse of discretion." (Pinney vs. Sate Farm).

It remains to be seen if the state appeals court will agree to hear the District Attorney's motion.

http://www2.hickoryrecord.com/news/2011/jan/16/did-judge-overstep-zahra-baker-case-ar-697708/

[Wildingheart]

Forgive the OT but I wanted to let those who requested it know that I posted the Kyron and Terri Astrology on Kyron's thread.

[Brandi]

An opportunity for DSS to step up
By The Record Editorial Staff
Published: January 15, 2011

Over the last several weeks as we’ve searched for answers in the Zahra Baker tragedy, lots of questions have been asked of the Department of Social Services.

After numerous reports from family and friends who said they had seen Zahra verbally abused, slapped and punished by her stepmother Elisa Baker, we all have asked why didn’t DSS intervene, and possibly rescue the 10-year-old girl from her eventual fate.

When Zahra went to school with a black eye, school officials called DSS, according to neighbor Bobby Green of Hudson.

Another neighbor in the same trailer park where Green lives, Corrine Yount, said she could hear Zahra screaming and Elisa yelling at her. “We called DSS on her, too, but they never did anything.”

And there were other pleas for help.

Many inquiries have been made since Oct. 9 to the Caldwell County Department of Social Services.

All we’ve heard from DSS was a brief statement issued Oct. 14:

“The Caldwell County Department of Social Services is prohibited from discussing, disclosing information or confirming or denying the department’s involvement with any individual or family as in reference to North Carolina General Statute 108A-80, North Carolina General Statute 7B-302 (a). “All questions should be directed to the investigating agency in this case,which is the Hickory Police Department in Hickory, North Carolina.”

Well, we’ve got some questions, and they are directed at DSS:

Why not take the opportunity to speak to the public about potential abuse cases? You don’t have to talk directly about what happened in Zahra’s case.

But why not a public campaign telling people how to spot child abuse, how to report it, what actual steps (generally speaking) DSS takes after abuse cases are reported?

The information is on the DSS website, but it’s vague and offers little real direction:

Question: “What can I do if I think a child is being mistreated/abused?”

Answer: “If you suspect a child is being abused or neglected, you must contact your local county Department of Social Services immediately.This reporting is confidential. Every local county Department of Social Services in North Carolina provides protective services for children, in addition to foster care and adoption services.”

Blah, blah, blah, blah, blah, blah, blah.

Out of a problem springs a solution. We know privacy laws are there to protect children and families. But those laws should not be used to hide behind.

We want to know what DSS can do tomorrow, next week and next year to prevent another tragic situation like what happened to Zahra from happening again?

http://www2.hickoryrecord.com/news/2011/jan/15/opportunity-dss-step-ar-697357/

[Brandi]

Forgive the OT but I wanted to let those who requested it know that I posted the Kyron and Terri Astrology on Kyron's thread.

Thank you, Wildingheart.

[Gizzie]

An opportunity for DSS to step up
By The Record Editorial Staff
Published: January 15, 2011

Over the last several weeks as we’ve searched for answers in the Zahra Baker tragedy, lots of questions have been asked of the Department of Social Services.

After numerous reports from family and friends who said they had seen Zahra verbally abused, slapped and punished by her stepmother Elisa Baker, we all have asked why didn’t DSS intervene, and possibly rescue the 10-year-old girl from her eventual fate.

When Zahra went to school with a black eye, school officials called DSS, according to neighbor Bobby Green of Hudson.

Another neighbor in the same trailer park where Green lives, Corrine Yount, said she could hear Zahra screaming and Elisa yelling at her. “We called DSS on her, too, but they never did anything.”      

And there were other pleas for help.

Many inquiries have been made since Oct. 9 to the Caldwell County Department of Social Services.

All we’ve heard from DSS was a brief statement issued Oct. 14:

“The Caldwell County Department of Social Services is prohibited from discussing, disclosing information or confirming or denying the department’s involvement with any individual or family as in reference to North Carolina General Statute 108A-80, North Carolina General Statute 7B-302 (a). “All questions should be directed to the investigating agency in this case,which is the Hickory Police Department in Hickory, North Carolina.”

Well, we’ve got some questions, and they are directed at DSS:

Why not take the opportunity to speak to the public about potential abuse cases? You don’t have to talk directly about what happened in Zahra’s case.

But why not a public campaign telling people how to spot child abuse, how to report it, what actual steps (generally speaking) DSS takes after abuse cases are reported?

The information is on the DSS website, but it’s vague and offers little real direction:

Question: “What can I do if I think a child is being mistreated/abused?”

Answer: “If you suspect a child is being abused or neglected, you must contact your local county Department of Social Services immediately.This reporting is confidential. Every local county Department of Social Services in North Carolina provides protective services for children, in addition to foster care and adoption services.”

Blah, blah, blah, blah, blah, blah, blah.

Out of a problem springs a solution. We know privacy laws are there to protect children and families. But those laws should not be used to hide behind.

We want to know what DSS can do tomorrow, next week and next year to prevent another tragic situation like what happened to Zahra from happening again?

http://www2.hickoryrecord.com/news/2011/jan/15/opportunity-dss-step-ar-697357/

After reading here at Scared Monkeys for as long as I have been, and seeing stories like Zahra's everyday, I decided to make a report to my local Children & Youth Organization about a child, who in MY mind, was and still is being abused, and they DID NOTHING, and there is not a thing I can do, other than continue making calls and saying the same thing over and over.

It breaks my heart every time I see this little boy knowing that he's being abused and I wonder if he ever thinks why isn't anyone stopping this woman. I want to tell him that I've tried, but don't know how to say it without making trouble for him. 

I don't understand why it's so hard for these people to just follow up on a complaint and then make the decision if further investigation is needed. I hate the way these services are being run, and it's our children who are paying the price, usually with their lives!

This makes me so mad!

[Fanny Mae]

What I want to see is the investigation and warrants in Adam Baker's part of the murder. The affidavits and warrants we have seen have all been against Alisa and very little about Adam. Why? The most mentioned was Alisa's phone was in the places evidence was found but not Adams. What did that prove?

 Where was Adam during the time Elisa says Zahra died and was dismembered? How does he explain saying he saw Zahra on the Thursday before they filed a missing report on her? Where are his interviews? How does he explain the cadaver dogs hit on both his and Alisa's car? Why was he not kept in jail along with Elisa when at first they had the same exact charges against them, except Elisa said she wrote the ransom note. Did Adam not recognize Alisa's writing right away? He went along with the ransom note story and said he thought Zahra was abducted. No Adam! She had been dead TWO weeks already. How did you enjoy Octoberfest the Saturday before you said she was missing?

It seems the police is trying to portray Adam as a grieving father, free to move around and have his mommy take care of him and his problems. The only time I saw anything like the police were not buying his story is the day the Police Chief and Adam were having a press conference outside the police station right at the beginning. When Adam was playing the poor old dad part and was trying to say how much he miss Zahra and started (pretended) to break down, instead of the chief putting his hand on his arm or around his shoulders, he stood there and almost shrugged.

Now they have "cracked" the case, have their perp in jail and I don't believe in my heart they are going any further with the investigation. Too much time has past to be waiting for forensics. They probably don't really know how Zahra died and they are afraid to go forward with the case.

My feeling is, charge them both with murder and try them together. Present all the evidence they have of abuse and bruising and no medical care not being here legally,and Elisa a bigamist and Adam knew it. Let the witnesses testify about seeing this abuse and bring in the DPS and let them try to squirm out of why they did nothing. Show the jury the pictures of poor little Zahra's body parts, her prosthesis, and hearing aids Alisa kept as a trophy in a Black Velvet bag. Show them how small the house was and how it would be impossible for the horrible conditions Zahra had to live in and the mattress she probably died in not to have been seen by Adam. Show them the blood evidence, even in the kitchen, and ask how a reasonable person could possibly not notice Zahra was gone and her blood spatter was all over the house. Adams tools were probably used in the disposal.  Possibly a chain saw and I still believe that wood chipper was used in part of the disposal. Then let the jury decide how innocent Adam is. I doubt if many think Elisa is. What about Adam?? Adam is just as guilty as Alisa. He just puts on a good act of being the village idiot.

The longer this goes on, the madder I get. Anybody notice? 

[starwynn]

What I want to see is the investigation and warrants in Adam Baker's part of the murder. The affidavits and warrants we have seen have all been against Alisa and very little about Adam. Why? The most mentioned was Alisa's phone was in the places evidence was found but not Adams. What did that prove?

 Where was Adam during the time Elisa says Zahra died and was dismembered? How does he explain saying he saw Zahra on the Thursday before they filed a missing report on her? Where are his interviews? How does he explain the cadaver dogs hit on both his and Alisa's car? Why was he not kept in jail along with Elisa when at first they had the same exact charges against them, except Elisa said she wrote the ransom note. Did Adam not recognize Alisa's writing right away? He went along with the ransom note story and said he thought Zahra was abducted. No Adam! She had been dead TWO weeks already. How did you enjoy Octoberfest the Saturday before you said she was missing?

It seems the police is trying to portray Adam as a grieving father, free to move around and have his mommy take care of him and his problems. The only time I saw anything like the police were not buying his story is the day the Police Chief and Adam were having a press conference outside the police station right at the beginning. When Adam was playing the poor old dad part and was trying to say how much he miss Zahra and started (pretended) to break down, instead of the chief putting his hand on his arm or around his shoulders, he stood there and almost shrugged.

Now they have "cracked" the case, have their perp in jail and I don't believe in my heart they are going any further with the investigation. Too much time has past to be waiting for forensics. They probably don't really know how Zahra died and they are afraid to go forward with the case.

My feeling is, charge them both with murder and try them together. Present all the evidence they have of abuse and bruising and no medical care not being here legally,and Elisa a bigamist and Adam knew it. Let the witnesses testify about seeing this abuse and bring in the DPS and let them try to squirm out of why they did nothing. Show the jury the pictures of poor little Zahra's body parts, her prosthesis, and hearing aids Alisa kept as a trophy in a Black Velvet bag. Show them how small the house was and how it would be impossible for the horrible conditions Zahra had to live in and the mattress she probably died in not to have been seen by Adam. Show them the blood evidence, even in the kitchen, and ask how a reasonable person could possibly not notice Zahra was gone and her blood spatter was all over the house. Adams tools were probably used in the disposal.  Possibly a chain saw and I still believe that wood chipper was used in part of the disposal. Then let the jury decide how innocent Adam is. I doubt if many think Elisa is. What about Adam?? Adam is just as guilty as Alisa. He just puts on a good act of being the village idiot.

The longer this goes on, the madder I get. Anybody notice? 

Fanny Mae, if it makes you feel better (because it sure made me feel better) there's a section in the warrants that talk about Adam in the suspect role, not the grieving parent role.  I can't recall which page, but I was glad to see language finally pointing to his involvement.

[Fanny Mae]

Fanny Mae, if it makes you feel better (because it sure made me feel better) there's a section in the warrants that talk about Adam in the suspect role, not the grieving parent role.  I can't recall which page, but I was glad to see language finally pointing to his involvement.
[/quote]

Thanks STARWYNN. I've read the warrants a couple of times and I didn't glean much about suspicions of Adam in them. Maybe I am missing something. The biggest thing I remember was the checking of his phone, and his phone not being where the evidence was found. I'll go back through them again.

[Fanny Mae]

An opportunity for DSS to step up
By The Record Editorial Staff
Published: January 15, 2011

Over the last several weeks as we’ve searched for answers in the Zahra Baker tragedy, lots of questions have been asked of the Department of Social Services.

After numerous reports from family and friends who said they had seen Zahra verbally abused, slapped and punished by her stepmother Elisa Baker, we all have asked why didn’t DSS intervene, and possibly rescue the 10-year-old girl from her eventual fate.

When Zahra went to school with a black eye, school officials called DSS, according to neighbor Bobby Green of Hudson.

Another neighbor in the same trailer park where Green lives, Corrine Yount, said she could hear Zahra screaming and Elisa yelling at her. “We called DSS on her, too, but they never did anything.”      

And there were other pleas for help.

Many inquiries have been made since Oct. 9 to the Caldwell County Department of Social Services.

All we’ve heard from DSS was a brief statement issued Oct. 14:

“The Caldwell County Department of Social Services is prohibited from discussing, disclosing information or confirming or denying the department’s involvement with any individual or family as in reference to North Carolina General Statute 108A-80, North Carolina General Statute 7B-302 (a). “All questions should be directed to the investigating agency in this case,which is the Hickory Police Department in Hickory, North Carolina.”

Well, we’ve got some questions, and they are directed at DSS:

Why not take the opportunity to speak to the public about potential abuse cases? You don’t have to talk directly about what happened in Zahra’s case.

But why not a public campaign telling people how to spot child abuse, how to report it, what actual steps (generally speaking) DSS takes after abuse cases are reported?

The information is on the DSS website, but it’s vague and offers little real direction:

Question: “What can I do if I think a child is being mistreated/abused?”

Answer: “If you suspect a child is being abused or neglected, you must contact your local county Department of Social Services immediately.This reporting is confidential. Every local county Department of Social Services in North Carolina provides protective services for children, in addition to foster care and adoption services.”

Blah, blah, blah, blah, blah, blah, blah.

Out of a problem springs a solution. We know privacy laws are there to protect children and families. But those laws should not be used to hide behind.

We want to know what DSS can do tomorrow, next week and next year to prevent another tragic situation like what happened to Zahra from happening again?

http://www2.hickoryrecord.com/news/2011/jan/15/opportunity-dss-step-ar-697357/

After reading here at Scared Monkeys for as long as I have been, and seeing stories like Zahra's everyday, I decided to make a report to my local Children & Youth Organization about a child, who in MY mind, was and still is being abused, and they DID NOTHING, and there is not a thing I can do, other than continue making calls and saying the same thing over and over.

It breaks my heart every time I see this little boy knowing that he's being abused and I wonder if he ever thinks why isn't anyone stopping this woman. I want to tell him that I've tried, but don't know how to say it without making trouble for him. 

I don't understand why it's so hard for these people to just follow up on a complaint and then make the decision if further investigation is needed. I hate the way these services are being run, and it's our children who are paying the price, usually with their lives!

This makes me so mad!

GIZZIE, I have been thinking about your post ever since I read it. I don't know exactly how the Children and Youth Protection is set up in you state, but usually it is set up on a county by county basis. That is how Zahra slipped through the cracks so many times, they just moved. But there should be a department they answer to, most probably a County Commission. There may be an overall State Children and Youth Protection department that oversees all the counties. I would make another call to your local CYP and make another complaint. I would tell them this time if there is no action you are going to the County Commission or whoever oversees them in you area. If that doesn't work, I would go to the State, but in any case I would not give them much time to act. There is also the media, who usually has a "On your side" reporter who looks into viewers complaints. I would exhaust all possible avenues because you may save this child's life or at the very least, make his life a little easier.

I think GYPSYDD said she used to be a social worker. Maybe she could give you some other ideas. I think you are an angel for trying to help and you should be commended. Please don't give up. 

[Fanny Mae]

GIZZIE, you could also call the police while the abuse is going on.  Good luck.

[cookie]

Gizzie..that would be horrible trying to help a child and nothing is being done..
is it possible that the little boy could come to your house and spend some time? Would the mom allow that?  it might be a refuge to him.

[cw618]

fanny mae those are good points about AB, makes you wonder,why LE hasnt pursued his statements
AB made in public, considering zahra, had been dead 2wks b4 he said he last saw her, will have to
look for that vid,maybe that isnt what he said,but i thought, he had said something like that too

[Monkey King]

Rad Berky on Twitter say an indictment against Elisa Baker may be handed down this afternoon.....

[Fanny Mae]

fanny mae those are good points about AB, makes you wonder,why LE hasnt pursued his statements
AB made in public, considering zahra, had been dead 2wks b4 he said he last saw her, will have to
look for that vid,maybe that isnt what he said,but i thought, he had said something like that too

Video of Adam and police chief

http://abcnews.go.com/US/missing-hickory-girl-zahra-bakers-mom-involved-dad/story?id=11848643

[Fanny Mae]

Rad Berky on Twitter say an indictment against Elisa Baker may be handed down this afternoon.....

I still say, what about Adam?

[Fanny Mae]

fanny mae those are good points about AB, makes you wonder,why LE hasnt pursued his statements
AB made in public, considering zahra, had been dead 2wks b4 he said he last saw her, will have to
look for that vid,maybe that isnt what he said,but i thought, he had said something like that too

Video of Adam and police chief

http://abcnews.go.com/US/missing-hickory-girl-zahra-bakers-mom-involved-dad/story?id=11848643

The exchange between Chief Atkins and Adam is right at the end.

[Northern Rose]

Briefcase found which may contain evidence in Zahra Baker case

CALDWELL COUNTY, NC (WBTV) – WBTV has learned that a briefcase has been found that may contain evidence relating to the disappearance of a Hickory girl who was reported missing in October.

Zahra Baker is the 10-year-old girl whose remains were later found scattered in two locations in Caldwell County last fall.  Officials said her body had been dismembered. 

FULL COVERAGE: Follow the entire Zahra Baker case

The newest development in the case is the discovery of a briefcase found on Christie Road in Caldwell County Tuesday morning.  A source said the contents appeared to be bloody clothing.

The briefcase was found deep in the woods beyond the area that had been searched by investigators in November.
The items will be sent to the SBI lab in Raleigh to be analyzed.  Only then will investigators know if the items relate to the case at all.   

MORE,,,,

http://www.wbtv.com/Global/story.asp?S=13862219

[Northern Rose]

Report: Briefcase May Hold Clues in Zahra Baker Case
Briefcase found in Caldwell County on Tuesday

http://www.myfox8.com/news/wghp-story-report-briefcase-baker-100119,0,283045.story?track=rss