11-08-2011, 07:03 PM
Adam Baker's attorney wants change of venue
HDR
Adam Baker’s Catawba County attorney is seeking to have Baker’s trial on two felony charges moved to another county, saying Baker’s name is too well-known for him to receive a fair trial here.
Baker is the father of 10-year-old cancer survivor Zahra Baker. Zahra was reported missing in October 2010, and her remains were found later that fall. Her stepmother and Baker’s wife, Elisa, pleaded guilty to Zahra’s murder in September, and was sentenced to 14 to 18 years in prison. Baker was not charged in Zahra’s death.
Baker’s attorney, Mark Killian, said Baker’s name has been splashed in media outlets as a result of the investigation into Zahra’s murder.
Baker is charged with identity theft and obtaining property by false pretenses, accused of using a relative’s name to get electricity at his Hickory home on 21st Avenue, NW, in August 2010.
“It’s all over the local papers in this county and surrounding counties,” Killian said. “I’d like to have the trial outside the Charlotte market.”
He was not specific about a new location.
In the motion, which was filed Nov. 3, Killian said although Baker had nothing to do with Zahra’s death, that doesn’t seem to matter to the public.
The motion states: “While the defendant’s current charges are unrelated to the death of his daughter, and further despite the lack of any credible evidence that defendant was involved in the disappearance and murder of his daughter, there exists in this county a widespread belief that defendant was criminally involved in his daughter’s death.”
During Elisa’s plea hearing, Hickory investigators testified there was no credible evidence to suggest Baker was involved in Zahra’s death or dismemberment. However, Elisa has maintained that Baker helped dispose of Zahra’s remains.
Killian’s motion said information on TV, radio, online and in print has “so polluted” the jury pool that it’s unlikely an unbiased jury would be found in Catawba County.
Killian said he has talked with Baker’s Caldwell County attorney, Shell Pearce, but said he did not know if Pearce planned to file a similar motion.
Baker, an Australian native, currently has an immigration detainer placed on him by the US Immigration and Customs Enforcement. Killian said Baker must check in with ICE, though not with the weekly frequency he used to.
Because of his immigration status, Baker is unable to work in the United States. Killian said Baker is living with friends at the moment.
“He’s stuck between the proverbial rock and a hard place,” Killian said.
Baker’s next court date on the Catawba County charges is Jan. 3, and Killian said he expects the change of venue motion will be heard then.
http://www2.hickoryrecord.com/news/2011/...r-1586923/
HDR
Adam Baker’s Catawba County attorney is seeking to have Baker’s trial on two felony charges moved to another county, saying Baker’s name is too well-known for him to receive a fair trial here.
Baker is the father of 10-year-old cancer survivor Zahra Baker. Zahra was reported missing in October 2010, and her remains were found later that fall. Her stepmother and Baker’s wife, Elisa, pleaded guilty to Zahra’s murder in September, and was sentenced to 14 to 18 years in prison. Baker was not charged in Zahra’s death.
Baker’s attorney, Mark Killian, said Baker’s name has been splashed in media outlets as a result of the investigation into Zahra’s murder.
Baker is charged with identity theft and obtaining property by false pretenses, accused of using a relative’s name to get electricity at his Hickory home on 21st Avenue, NW, in August 2010.
“It’s all over the local papers in this county and surrounding counties,” Killian said. “I’d like to have the trial outside the Charlotte market.”
He was not specific about a new location.
In the motion, which was filed Nov. 3, Killian said although Baker had nothing to do with Zahra’s death, that doesn’t seem to matter to the public.
The motion states: “While the defendant’s current charges are unrelated to the death of his daughter, and further despite the lack of any credible evidence that defendant was involved in the disappearance and murder of his daughter, there exists in this county a widespread belief that defendant was criminally involved in his daughter’s death.”
During Elisa’s plea hearing, Hickory investigators testified there was no credible evidence to suggest Baker was involved in Zahra’s death or dismemberment. However, Elisa has maintained that Baker helped dispose of Zahra’s remains.
Killian’s motion said information on TV, radio, online and in print has “so polluted” the jury pool that it’s unlikely an unbiased jury would be found in Catawba County.
Killian said he has talked with Baker’s Caldwell County attorney, Shell Pearce, but said he did not know if Pearce planned to file a similar motion.
Baker, an Australian native, currently has an immigration detainer placed on him by the US Immigration and Customs Enforcement. Killian said Baker must check in with ICE, though not with the weekly frequency he used to.
Because of his immigration status, Baker is unable to work in the United States. Killian said Baker is living with friends at the moment.
“He’s stuck between the proverbial rock and a hard place,” Killian said.
Baker’s next court date on the Catawba County charges is Jan. 3, and Killian said he expects the change of venue motion will be heard then.
http://www2.hickoryrecord.com/news/2011/...r-1586923/