Defense attorney Scott Reilly appeared in court yesterday on behalf of Elisa Baker.
Baker’s obstuction of justice hearing has now been moved to April 4, the same day she is to appear on the second degree murder charge for the killing of her stepdaughter, Zahra.
Baker faces five aggravating factors in Zahra’s murder. She also had a history of abusing Zahra verbally, physically and mentally.
The murder indictment can be found here.
Defense Attorney Scott Reilly expects to obtain copies from the state of all the investigative files, DVDs, and interviews pertaining to the case, today.
Reilly says there were more than 11,000 pages of reports from Hickory police, 117 DVDs of interviews and 65 DVDs with photos and phone records. There is also additional materials from other agencies involved in the case. All of the material totals more than 20,000 pages and needs to be transcribed. Reilly said it will take months to sort through.
Adam Baker has not been charged in his daughter’s death. District Attorney James C. Gaither said there was “no credible evidence” to charge anyone other than Elisa Baker.
Baker is also expected to appear in court in June on bigamy charges.
While I can’t say it upsets me, things just got a bit worse for Elisa Baker!
Already having been indicted on obstruction charges, Baker was indicted yesterday for bigamy. Seems when she and Adam Baker married in July 2008, Elisa was still married to Aaron Young and they didn’t divorce until August 2009. Baker and Young remain friendly and Adam was told Young was Elisa’s brother!
Rarely resulting in jail time, conviction on bigamy could play a pivotal role in this case. In North Carolina, spousal privilege protects conversations between spouses from being testified to, unless both spouses agree. However, a spouse may be compelled to testify about actions they may have witnessed, committed by their spouse. The true question will become if Elisa’s bigamy conviction renders her marriage to Baker as null and void, effectively removing spousal privilege!
We also learned that a briefcase was found of Christie Road that may contain blood evidence relating to Zahra’s disappearance. The briefcase was found in the woods near where Zahra’s prosthetic leg and a bone were found and appeared to have been there for some time. The briefcase appears to contain a blanket possibly stained by blood. The SBI will analyze the items to determine if they are indeed linked to the case.
Adam and Elisa deny any ‘wrongdoing’. A little girl is dead and was dismembered and her body parts tossed out like so much garbage! NO WRONGDOING???
Elisa told LE that two weeks before she was reported missing, Zahra had fallen ill and died on September 24. NO WRONGDOING???
Family members try to explain Adam and Elisa’s atrocious behavior by saying even though Zahra was sick, they didn’t take her to the hospital because Adam Baker was in the country illegally and because DSS had already investigated Elisa Baker. Seems they were afraid of what authorities might do to them! NO WRONGDOING???
Even in death, Zahra is still suffering!
I am angry, speechless, dumb founded and pretty much pissed off!
This beautiful, courageous angel that graced us for far too short a time, suffered two bouts with childhood cancer – costing her part of a leg and part of her hearing – only to die and be callously dismembered and tossed away as so much garbage in two North Carolina counties.
The less than bright, bio-sperm donor, Adam Baker, and his psycho-goth bitch, Elisa Baker ran ‘grifter’ over two continents and psychologically – and probably goes without saying – physically abused this little 10-year-old innocent.
Even though the prosecution filed motions to suppress warrants issued in the murder investigation, so the on-going investigation would not be compromised, the media prevailed in the ‘right-to-know’ premise and on Tuesday, November 30, Superior Court Judge Nathaniel Poovey ordered the release of 121 pages, or eleven warrants. See Zahra Baker – More Sad News.
Today, we learned a request to make two additional warrants from the Zahra Baker death investigation public, was canceled Monday.
Here is where the blame game and finger pointing gets confusing!
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.”
Holy, good God! What the hell does that mean?
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.
How Ms. Bogle? How will it be corrected? You can’t retract what should have remained sealed yet was released to the media unless a nationwide lobotomy is your solution!
So, what have we done in our ‘need-to-know’? We have certainly jeopardized a serious, on-going investigation.
Already incendiary emotions were inflamed when one of the released warrants alluded to the possibility that Zahra had been raped by two unsavory characters, which ultimately proved to be a bogus bit of gossip. (How many of you reading this right now, are just learning the rape story was unfounded?…just sayin!)
We, the public, in our insatiable need-to-know, are guilty of abusing young Zahra again! I’m pretty damn sure we all want justice for Zahra, but let’s do it the right way for her!
Two days ago it was announced that the state appointed, death penalty lawyers for Elisa and Adam Baker were removed because no murder charges have been filed. Now WBTV is reporting that Elisa Baker has cut a deal with prosecutors and the death penalty is off the table for her! She still has not been charged with Zahra’s death, only with obstruction so far.
A local attorney, Bill Powers, who provides legal expertise, says, “They may have been in a position where they just didn’t have anything at all and they had to make a deal to at least try to find out whether she was alive or dead.”
It was Elisa who led police to Zahra’s remain which were scattered in two North Carolina counties.
Now that a deal has been brokered, you have to wonder what Elisa’s involvement in Zahra’s death was. “What does she know? When did she know it? What is her level of involvement?”
WBTV has also reported Remains found match DNA sample (toward the end of the video) that police in two counties have said the stories of Zahra being raped by two men are NOT credible after they investigated the claims.
For all the horrific news about Zahra, I guess this is one bright spot!
So, what information has Elisa Baker given to investigators that led them to make a deal? Will Adam Baker be arrested soon? How did young Zahra’s life come to such an abrupt end?
Hickory Police Department received information from the NC State Bureau of Investigation lab concerning the remains found at the Dudley Shoals Road location in Caldwell County.
DNA evidence from bones found near the creek on Dudley Shoals Road matched a DNA sample taken from the Baker home.
Eleven warrants that consist of 121 pages were released Tuesday by order of Superior Court Judge Nathaniel Poovey. The warrants reveal that during the searches police found human tissue, blood on walls and Zahra’s hearing aid parts.
During a polygraph exam, Zahra’s stepmother Elisa Baker was asked if she hurt Zahra. The examiner considered Elisa’s response as deceptive.
All of the warrants can be found at WBTV. The pdf files are quite large!
The warrants do not indicate how Zahra died and prosecutors had hoped they would remain sealed as not to jeopardize the investigation.
Elisa Baker remains jailed on charges of obstructing the investigation. Zahra’s father, Adam Baker, is free on bond after being arrested on unrelated charges.