12-07-2010, 11:41 PM
Deal or No Deal?
From the HDR
Gaither: Death penalty still option
If “Elisa Baker was involved in the death of Zahra Baker, the State is under no obligation to limit charges.”
Published: December 07, 2010
District Attorney Jay Gaither’s office Tuesday released a response to the reported agreement that limits the prosecution to charging second-degree murder against Elisa Baker.
According to a news story by WSOC-TV that was reported in Saturday’s Record, a written agreement stipulates that Elisa Baker will not face the death penalty or life in prison if she continues to cooperate with investigators as they seek answers in the death and dismemberment of Baker’s 10-year-old stepdaughter Zahra Baker.
Gaither’s statement says the news reports were wrong and his office is still able to charge Baker with first-degree murder if that charge is legally valid.
“Elisa Baker maintains her innocence in connection with the death of Zahra Baker, and she has cooperated with law enforcement. If the investigation determines that Elisa Baker is not involved in the death of Zahra Baker, she will not be charged,” reads the statement. “If, on the other hand, there is sufficient and credible evidence to prove that Elisa Baker was involved in the death of Zahra Baker, the State is under no obligation to limit charges.”
The statement also explains why Gaither was reluctant to talk to the media about the reported agreement earlier.
“Under Rule 3.6 of the N.C. Bar, a prosecutor must refrain from making pretrial statements that have a substantial likelihood of materially prejudicing an adjudicative proceeding,” reads the statement. “However, when false or misleading statements are made that publicly cause prejudice to the process, the prosecutor has the responsibility of responding publicly to minimize the adverse impact.”
That statement was followed by another from Gaither’s office: “There will be no further comment from the District Attorney’s office on the Baker case.”
When contacted for a statement, Elisa Baker’s attorney, Lisa Dubs, said, “Mr. Gaither is responding to an issue he has with previous media reports. These are not our issues, and we choose not to comment.”
From the HDR
Gaither: Death penalty still option
If “Elisa Baker was involved in the death of Zahra Baker, the State is under no obligation to limit charges.”
Published: December 07, 2010
District Attorney Jay Gaither’s office Tuesday released a response to the reported agreement that limits the prosecution to charging second-degree murder against Elisa Baker.
According to a news story by WSOC-TV that was reported in Saturday’s Record, a written agreement stipulates that Elisa Baker will not face the death penalty or life in prison if she continues to cooperate with investigators as they seek answers in the death and dismemberment of Baker’s 10-year-old stepdaughter Zahra Baker.
Gaither’s statement says the news reports were wrong and his office is still able to charge Baker with first-degree murder if that charge is legally valid.
“Elisa Baker maintains her innocence in connection with the death of Zahra Baker, and she has cooperated with law enforcement. If the investigation determines that Elisa Baker is not involved in the death of Zahra Baker, she will not be charged,” reads the statement. “If, on the other hand, there is sufficient and credible evidence to prove that Elisa Baker was involved in the death of Zahra Baker, the State is under no obligation to limit charges.”
The statement also explains why Gaither was reluctant to talk to the media about the reported agreement earlier.
“Under Rule 3.6 of the N.C. Bar, a prosecutor must refrain from making pretrial statements that have a substantial likelihood of materially prejudicing an adjudicative proceeding,” reads the statement. “However, when false or misleading statements are made that publicly cause prejudice to the process, the prosecutor has the responsibility of responding publicly to minimize the adverse impact.”
That statement was followed by another from Gaither’s office: “There will be no further comment from the District Attorney’s office on the Baker case.”
When contacted for a statement, Elisa Baker’s attorney, Lisa Dubs, said, “Mr. Gaither is responding to an issue he has with previous media reports. These are not our issues, and we choose not to comment.”