12-03-2010, 06:30 PM
no surprise. but i am pissed they didn't wait to see if Grand Jury upgrades her charges in an indictment!
this deal was made weeks ago, just coming out to public now.
WSOC
HICKORY, N.C. -- Elisa Baker, Zahra Baker’s stepmother, will not face the death penalty or life in prison if she’s convicted in the case under an agreement struck with the district attorney, Eyewitness News has learned.
Elisa Baker has been in jail since early October, after police said she admitted to writing a fake ransom note found the day Zahra was reported missing.
No one has been charged in the death or disappearance of Zahra, whose remains were found in Caldwell County on Nov. 10.
A written agreement between Elisa Baker and prosecutors takes the death penalty and life in prison off the table in the case, sources have confirmed to Channel 9. Elisa Baker’s attorney helped her reach the agreement, which calls for her continuing cooperation in the investigation, weeks ago, at a time when investigators were desperately looking for evidence in the case.
Elisa Baker began working with detectives in late October. Search warrants released earlier this week say that she told detectives that Zahra was dismembered and pointed them to a Dumpster near a grocery store in Hudson, telling them that a comforter and car cover were used to hide remains.
She also told investigators that a mattress belonging to Zahra had been thrown in a Dumpster. Investigators spent days searching a Caldwell County landfill before finding it.
In return, sources said, prosecutors agreed not to charge Elisa Baker with first-degree murder, meaning that if she’s convicted, she would not face the death penalty or life in prison without parole.
That’s how the case stands now, but sources told Channel 9 that the prosecutor may be trying to have the agreement tossed out and has asked the attorney general’s office to get involved.
Charlotte defense attorney Bill Powers said getting the agreement tossed out would be a long shot.
“If the state promised not to do certain things and Elisa Baker lived up to that, they're going to have a real tough time getting around that,” he said.
“Remember, they didn't have anything until (attorney Lisa Dubs) was appointed, and very shortly thereafter Elisa Baker was going to the scene or scenes and pointing things out,” Powers added.
Dubs would not comment on the agreement, but did speak to Eyewitness News reporter Dave Faherty about her client’s cooperation in the investigation.
“It is not part of this cooperation that Elisa Baker has admitted any guilt as far as murder goes,” Dubs said.
Though Dubs was pulled off the case by the capital defender’s office this week because no murder charge has been filed, she is continuing to work as Elisa Baker’s attorney for free.
“Her continued cooperation is ongoing, and I think ethically and morally I have to continue to assist her in that cooperation,” Dubs said.
this deal was made weeks ago, just coming out to public now.
WSOC
HICKORY, N.C. -- Elisa Baker, Zahra Baker’s stepmother, will not face the death penalty or life in prison if she’s convicted in the case under an agreement struck with the district attorney, Eyewitness News has learned.
Elisa Baker has been in jail since early October, after police said she admitted to writing a fake ransom note found the day Zahra was reported missing.
No one has been charged in the death or disappearance of Zahra, whose remains were found in Caldwell County on Nov. 10.
A written agreement between Elisa Baker and prosecutors takes the death penalty and life in prison off the table in the case, sources have confirmed to Channel 9. Elisa Baker’s attorney helped her reach the agreement, which calls for her continuing cooperation in the investigation, weeks ago, at a time when investigators were desperately looking for evidence in the case.
Elisa Baker began working with detectives in late October. Search warrants released earlier this week say that she told detectives that Zahra was dismembered and pointed them to a Dumpster near a grocery store in Hudson, telling them that a comforter and car cover were used to hide remains.
She also told investigators that a mattress belonging to Zahra had been thrown in a Dumpster. Investigators spent days searching a Caldwell County landfill before finding it.
In return, sources said, prosecutors agreed not to charge Elisa Baker with first-degree murder, meaning that if she’s convicted, she would not face the death penalty or life in prison without parole.
That’s how the case stands now, but sources told Channel 9 that the prosecutor may be trying to have the agreement tossed out and has asked the attorney general’s office to get involved.
Charlotte defense attorney Bill Powers said getting the agreement tossed out would be a long shot.
“If the state promised not to do certain things and Elisa Baker lived up to that, they're going to have a real tough time getting around that,” he said.
“Remember, they didn't have anything until (attorney Lisa Dubs) was appointed, and very shortly thereafter Elisa Baker was going to the scene or scenes and pointing things out,” Powers added.
Dubs would not comment on the agreement, but did speak to Eyewitness News reporter Dave Faherty about her client’s cooperation in the investigation.
“It is not part of this cooperation that Elisa Baker has admitted any guilt as far as murder goes,” Dubs said.
Though Dubs was pulled off the case by the capital defender’s office this week because no murder charge has been filed, she is continuing to work as Elisa Baker’s attorney for free.
“Her continued cooperation is ongoing, and I think ethically and morally I have to continue to assist her in that cooperation,” Dubs said.