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

[Northern Rose]

Briefcase may be connected to Zahra Baker case


Loggers found a briefcase containing a blanket in Caldwell County and police say they are looking for a possible link to their investigation into Zahra Baker’s death.

Investigators said this afternoon they sent the blanket to the State Bureau of Investigation in Raleigh for analysis in the case of the 10-year-old police reported missing in October and declared dead a month later.

When asked Tuesday if the contents were related to the Zahra Baker case, Dep. Chief Clyde Deal said "We can't say for sure that it is or that isn't."

The briefcase was found in the area of Christie road where police found a bone fragment belonging to Zahra and the gel liner of her prosthetic leg.

Zahra, who was hearing-impaired and walked with the help of a prosthesis after losing her left leg to cancer, was reported missing by her father, Adam, on Oct. 9.

A month later, police said they had credible evidence that Zahra was dead after analyzing DNA from the bone fragment found at Christie Road.

Zahra's father, Adam Baker, and stepmother Elisa Baker have denied any wrongdoing in the case. Elisa Baker was arrested on Oct. 10 on unrelated charges, then charged with obstruction of justice on Oct. 12 after investigators say she admitted writing a bogus ransom note.

http://www.charlotteobserver.com/2011/01/18/1990058/briefcase-may-be-connected-to.html

[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.

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.

I believe it was in the second set of warrants released; I'd have to go back through and search through them.  I referenced it in a post on here, too.
[/quote]

I read the second set too. The only thing that perked me up was the fact Adam and Elisa played the Chainsaw Massacre game together online two day before Elisa said Zahra "died."  I'm not saying you are wrong for feeling optimistic. It's just I am not. 

[Northern Rose]

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

Meanwhile, the stepmother of Zahra Baker was indicted Tuesday afternoon by a grand jury for bigamy as authorities allege Elisa Baker, 42, was married to Zahra's father, Adam, while she was still married to a Caldwell County man.

MORE...

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

[Fanny Mae]

O/T NORTHERN has posted some new information on Hailey's thread. 

[Northern Rose]

Stepmother of Zahra Baker faces bigamy charge

NEWTON, N.C. (AP) - The stepmother of a disabled North Carolina girl who died under mysterious circumstances has been indicted on a charge of bigamy.

The indictment was issued Tuesday. It accuses Elisa Baker of marrying Zahra Baker's father when the North Carolina woman was still legally married to another man.

Court documents show Elisa Baker's marriage to Aaron Young ended in August 2009. But The Associated Press has interviewed people who attended her marriage ceremony to Adam Baker more than a year before that in Australia.

In North Carolina, bigamy is a low level felony.

Calls to lawyers representing Baker were not immediately returned Tuesday .

Elisa Baker is currently in jail on charges of obstructing the investigation into her stepdaughter's disappearance last fall.

http://www.wbtv.com/Global/story.asp?S=13863852

[MuffyBee]

I have perhaps a very dumb question, has it ever been absolutely verified when Zhara was actually died/murdered? I realize there have been dates thrown out there but is it the true for a fact time from the Coronor/autopsy or just what evil Eliza gave?

 I've followed this from the beginning and I don't recall any exact time line.  The only thing that may be was where the mattress was found and the grid matching approximate date at the landfill?

Bolded by me.

http://www.cbsnews.com/8301-504083_162-20027306-504083.html
Zahra Baker Update: Disabled NC Girl Died Two Weeks Before Being Reported Missing, Warrant States
January 5, 2011

NEWTON, N.C. (CBS/WBTV/AP) Newly released court documents indicate that 10-year-old Zahra Baker may have died more than two weeks before she was reported missing by her stepmother and father.

That revelation was contained in more than 200 pages of previously sealed search warrants that were released Tuesday afternoon.

According to CBS affiliate WBTV, in one of the warrants, Hickory police recount an interview with Zahra's stepmother, Elisa Baker, where police say Baker stated that Zahra died Sept. 24, and that the next day the body was dismembered and disposed of in various places in Caldwell County.
(snip)

[MuffyBee]

I think the Bigamy charge is important, and it may have just taken some time to get all the ducks in a row to make the charge, such as getting records verified, which include those in Australia.  From what I've gathered from reading, there are a lot of privacy laws in Australia and that may have been part of what took a while to get info to make the charge.    Even though Elisa and/or Adam may have more serious  charges up ahead of them, I don't think prosecutors want to make mistakes and get things thrown out.  They need convictions, not arrests imo.  I think there's a reason the Bigamy charge is being pursued, and I guess we'll need to see it play out.

[Fanny Mae]

I think the Bigamy charge is important, and it may have just taken some time to get all the ducks in a row to make the charge, such as getting records verified, which include those in Australia.  From what I've gathered from reading, there are a lot of privacy laws in Australia and that may have been part of what took a while to get info to make the charge.    Even though Elisa and/or Adam may have more serious  charges up ahead of them, I don't think prosecutors want to make mistakes and get things thrown out.  They need convictions, not arrests imo.  I think there's a reason the Bigamy charge is being pursued, and I guess we'll need to see it play out.

But MUFFY, you know I'm not a very patient person. 

[MuffyBee]

I think the Bigamy charge is important, and it may have just taken some time to get all the ducks in a row to make the charge, such as getting records verified, which include those in Australia.  From what I've gathered from reading, there are a lot of privacy laws in Australia and that may have been part of what took a while to get info to make the charge.    Even though Elisa and/or Adam may have more serious  charges up ahead of them, I don't think prosecutors want to make mistakes and get things thrown out.  They need convictions, not arrests imo.  I think there's a reason the Bigamy charge is being pursued, and I guess we'll need to see it play out.

But MUFFY, you know I'm not a very patient person. 

Awww, I know Fanny Mae.  We're all ready for some justice for Zahra.      

[Tibrogargan]

Zahra's stepmum charged with bigamy

    * From: AAP
    * January 19, 2011 9:34AM

ZAHRA Baker's American stepmother has been charged with bigamy.

Elisa Baker, who has been locked up in a North Carolina jail since 10-year-old Wagga Wagga-born Zahra went missing last October, illegally married Zahra's father Adam Baker in a July, 2008, ceremony in Queensland, US prosecutors allege.

Ms Baker was still married to North Carolina man Aaron Young and did not get divorced until August 21, 2009, it is alleged.

Mr Baker, a former Queensland sugar mill worker, met Ms Baker on the internet and apparently was clueless she remained married.

When Mr Baker and Zahra moved from Australia to North Carolina to be with her, prosecutors allege, Ms Baker said Mr Young was her brother.

Authorities are yet to charge anyone with the murder of Zahra, whose body was dismembered and parts tossed or buried in bushland outside of the town of Hickory, North Carolina, where she lived with her father and Ms Baker.

Zahra's prosthetic leg was also dumped in bushland.

Zahra was reported missing from the family home on October 9 and Ms Baker was arrested a day later, accused of writing a fake ransom note.

According to search warrants filed by police investigating Zahra's death, Mr Baker, Ms Baker and Mr Young may have been involved in a bizarre "chainsaw massacre role-playing" game on the internet just days before Zahra went missing.

Investigators continue to follow leads in the case, with the latest the discovery of a briefcase in bushland near where Zahra's prosthetic leg and a piece of bone were discovered in late October.

Logging crews were working in the area yesterday when they found the briefcase.

The crews called police and a mouldy blanket was found inside the briefcase. It has been sent to a laboratory for testing.

The story of Zahra, who had part of her left leg amputated five years ago after a struggle with bone cancer, has made headlines around the world.

AAP

http://www.theaustralian.com.au/news/world/zahras-stepmum-charged-with-bigamy/story-e6frg6so-1225990881738

[sadheart]

I think the Bigamy charge is important, and it may have just taken some time to get all the ducks in a row to make the charge, such as getting records verified, which include those in Australia.  From what I've gathered from reading, there are a lot of privacy laws in Australia and that may have been part of what took a while to get info to make the charge.    Even though Elisa and/or Adam may have more serious  charges up ahead of them, I don't think prosecutors want to make mistakes and get things thrown out.  They need convictions, not arrests imo.  I think there's a reason the Bigamy charge is being pursued, and I guess we'll need to see it play out.

The bigamy charge proves they are not legally married and can testify against one another is maybe why it is important.

[Northern Rose]

Blanket found possibly related to Zahra case; Elisa Baker indicted

CALDWELL COUNTY, NC (WBTV) – WBTV has learned that a briefcase has been found that may contain possible blood evidence relating to the disappearance of a Hickory girl who was reported missing in October and was later found dead.
Meanwhile, the stepmother of Zahra Baker was indicted Tuesday afternoon by a grand jury for bigamy as authorities allege Elisa Baker, 42, was married to Zahra's father, Adam, while she was still married to a Caldwell County man.
FULL COVERAGE: Follow the entire Zahra Baker case
Zahra Baker is the 10-year-old girl whose scattered remains were found several weeks ago in two locations in Caldwell County.  Officials said her body had been dismembered, but no one has been charged in her death.

The newest development in the case on Tuesday was the discovery of a briefcase found on Christie Road in Caldwell County.  Also, police say that Elisa Baker did not divorce a man before marrying Adam Baker in the summer of 2008. (See the related divorce paperwork here)
A logger found the briefcase just before noon and authorities tell us it appears it had been in the woods for a long time.  A source told WBTV the briefcase contained a blanket possibly stained by blood or some other dark substance.
The briefcase was found deep in the woods beyond the area that was previously searched by investigators in November.
It was across the road from where Zahra's prosthetic leg and bone were found last fall, and about a hundred yards from a concrete memorial marker put up by the owner of the land. The briefcase and its contents will be sent to the SBI lab in Raleigh to be analyzed.  Only then will investigators know for sure if the items relate to the case.   
Elisa Baker, 42, who has been married at least three times, had her divorce finalized in August 21, 2009, according to Caldwell County court records obtained by WBTV. That marriage began in 1998, according to the documents.  (Read the previous story about the marriages)
Adam Baker, 33, brought 10-year-old Zahra with him when he moved to the US from Australia after meeting Elisa Baker on a website called IMVU, a social network and 3D virtual world where people create characters of themselves.
A conviction on bigamy charges rarely results in jail time, said officials but could change the way any future cases involving Elisa Baker are prosecuted. Under North Carolina law, husbands cannot testify about private conversations with their wives and vice versa unless both parties agree to allow it. That spousal privilege can hinder some cases, said an official who did not want to be named.
While conversations are protected, a spouse can be compelled to testify to what they may have seen the other spouse do.  As to whether a bigamy conviction could make the marriage null and void and eliminate any argument of spousal privilege, officials say that would be a matter for the courts to decide.

MORE....

http://hickory.wbtv.com/content/blanket-found-possibly-related-zahra-case-elisa-baker-indicted

[Northern Rose]

Dad's View: Where was Zahra Baker's father?


Dads are supposed to be protectors.

How many times have you heard about fathers meeting their daughter’s date before the date? How many times do nervous young men sit down with fathers, asking for a daughter’s hand in marriage? Men understand other men. Fathers know what make for good husbands, or they should.

Why didn’t Zahra Baker’s father know what makes for a good stepmother? How could he know so little in terms of who was around his daughter, now dead? I have more questions for Adam Baker than a prosecutor will for the stepmother, Elisa Baker.

I do my best to protect my daughters. Do I know who they play with on the playground at school? Do I know who their ballet teacher is married to? How close do I live to a sexual predator? Those are jobs I own, though ones at which I might not be excelling. I think it’s a shame that I should have to think that way.

If Elisa Baker had anything to do with the death of poor Zahra, then what kind of protector was the “innocent until proven guilty” father, Adam Baker.

“There's no way I would do that to my baby,” Adam Baker told WBTV. “There's no way in the world I would hurt my daughter.”

My anxious mind and heart enter each new year of my daughters’ lives with the knowledge that I’m supposed to know more than them. I’m supposed to have them engulfed in safety, inside or outside the walls of my home. The world’s become a scary place. It’s no longer the “Leave It To Beaver” world of the 1950s and 60s for today’s children.

Zahra Baker should be living like a kid, enjoying new experiences that come with each new day of the new year. But a family and community in the North Carolina mountains rang in 2011 with one less loved one.

MORE....

http://www.wral.com/lifestyles/goaskmom/blogpost/8961909/

[statru]

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/

All I'm gonna say about this is Jay Gaither is a damn fool, and I am glad I dont live in Cat. Co
If he didnt want them released it was the job of HIS OFFICE to go back to court and ask for an extension once the 30 days was up. Why wait til 30 DAYS AFTER THEY WERE RELEASED TO COMPLAIN?

He is posturing now. Giving himself an out if this case goes south. He gets this on record now, and he will be able to blame it on Poovey later. In trying to cover his ass, he is making himself look like an idiot.

[starwynn]

I think the Bigamy charge is important, and it may have just taken some time to get all the ducks in a row to make the charge, such as getting records verified, which include those in Australia.  From what I've gathered from reading, there are a lot of privacy laws in Australia and that may have been part of what took a while to get info to make the charge.    Even though Elisa and/or Adam may have more serious  charges up ahead of them, I don't think prosecutors want to make mistakes and get things thrown out.  They need convictions, not arrests imo.  I think there's a reason the Bigamy charge is being pursued, and I guess we'll need to see it play out.

The bigamy charge proves they are not legally married and can testify against one another is maybe why it is important.

OHHH hot diggity d___!!   

[Northern Rose]

Stepmother of Zahra Baker faces bigamy charge (with video)

http://charlotte.news14.com/content/top_stories/635510/stepmother-of-zahra-baker-faces-bigamy-charge

[Northern Rose]

Briefcase Found In Area Where Zahra’s Prosthetic Leg Was Discovered  (with video)


CALDWELL COUNTY, N.C. -- Loggers working along Christie Road in Caldwell County found a briefcase with a blanket inside of it on Tuesday afternoon.

VIDEO: Briefcase Found In Area Where Zahra's Prosthetic Leg Was Discovered


The prosthetic leg of 10-year-old Zahra Baker was discovered in the same area in late October. The prosthesis was found directly across the street from the area where the briefcase was found.

The loggers’ work came to an abrupt halt after a cutter spotted the briefcase deep in the woods, about a quarter of a mile from the roadway.

“I think it's still tragic and if we can find something that helps, I hope we did it,” logger Tim Bristol said.

It’s unclear whether the briefcase and blanket are related to the investigation into Zahra’s disappearance and death. Police said only that the blanket was covered in mold and mildew and that they plan to test it at the state lab.

Meanwhile, a grand jury met in Catawba County on Tuesday and indicted Zahra’s stepmother, Elisa Baker, for bigamy. She is accused of marrying Zahra's father, Adam Baker, while she was still legally married to another man.

Renee Bobbitt, who was a neighbor of the Bakers, said Elisa Baker’s other husband lived across the street.

“Everybody around here thought that was her brother,” Bobbitt said. “We didn't know it was one of her husbands.”

No one has been charged in Zahra’s death, and many community members said Tuesday that they are waiting to hear of more serious charges in the case. It’s been more than three months since the girl was reported missing.

“Who cares about the bigamy stuff? Let's get to the charges -- the real charges,” Caroline Duraska said.

http://www.wsoctv.com/news/26530132/detail.html

[Northern Rose]

Briefcase Found In Area Where Zahra's Prosthetic Leg Was Discovered
http://www.wsoctv.com/video/26532273/index.html

[Northern Rose]

Loggers find items related to Zahra Baker case; stepmother indicted  (with video)


CALDWELL COUNTY, N.C. -- Loggers working in Caldwell County Tuesday found a briefcase containing items related to the Zahra Baker case on the same day a new criminal charge came down against Elisa Baker, Zahra's stepmom.

The briefcase contained what appeared to be a blanket or clothing related to the 10-year-old who was reported missing in October 2010.

The briefcase was found off Christie Road, which is where investigators found Zahra's prosthetic leg on Oct. 26.

Tim Bristol is one of the loggers who was working in the area when the briefcase was found. He said the case appeared to be brand new and they suspected right away it might be related to the death of Zahra Baker.

“We thought it probably had something to do with this case, you know,” he explained. “I think it’s tragic and if we can find something to help, I hope we did it.”

The girl was reported missing on Oct. 9. Search warrants indicate Elisa Baker, Zahra's stepmother, told Hickory police that Zahra died on Sept. 24, but there are no details as to how or why she died.

The same warrant says Baker told police that Adam Baker, Zahra's father, dismembered the girl's body and hid parts of it in several locations around Caldwell County.

Elisa Baker is behind bars on charges unrelated to Zahra's death. So far, no one has been charged in connection with the death.

Meanwhile Tuesday, Elisa Baker was indicted on bigamy charges. Investigators said she was still married to another man, Aaron Yong, when she married Adam Baker.

Police said Elisa and Young fooled people into thinking they were siblings when they stopped living as husband and wife. Young's brother told NewsChannel 36 the whole family even celebrated Christmas together.

Though the charge of bigamy is a minor one--a Class I felony--without serious criminal penalties, the indictment brought Tuesday might have hidden consequences.

Missy Owen, a Charlotte attorney, told NewsChannel 36 a conviction would invalidate Elisa Baker's marriage to Adam Baker, which would keep the couple from using spousal privilege in a legal proceeding.

"If the marriage is invalidated, that privilege no longer exists...They would be sworn under oath and required to tell the truth," Owen said. "If they are looking to use one of the Bakers against each other....seeking to have their marriage determined null and void would be very important."

The North Carolina statue on spousal privilege specifies that spouses can be compelled to testify about each other behaviors, but they can't be asked to reveal "confidential communication."

http://www.wcnc.com/news/zahra-baker/Loggers-find-items-related-to-Zahra-Baker-case-114150349.html

[Lake Erie Princess]

Having indicted Gothmommy on Bigamy charges is for me like light at the end of the long....tunnel.
After she is found guilty of this, then
LE can have a field day with the 2 of those fools
turning on each other like rattle snakes who are starved !