Sunday, April 6, 2014

Innocent Until Proven Guilty - First, it should be pointed out that if you did it, you're guilty, no


Innocent Until Proven Guilty - First, it should be pointed out that if you did it, you're guilty, no matter what. So you're not innocent unless you're truly innocent. However, our system presumes innocence, which means that legally speaking, even the obviously guilty are treated as though they are innocent, until they are proven otherwise. nicola barker
Judge Hayden Zackey The murder trial for Stacey Barker, 26 got under way on Wednesday April 27, 2011 in Lancaster, CA at the Michael Antonovich Antelope Valley Courthouse, with Superior nicola barker Court Judge Hayden Zackey presiding. ( Tori reports Judge Zackey seems to be a very pleasant man...and I think he's pretty easy to look at as well!)
Stacey and Emma Barker Stacey Barker is accused of killing her 18 month old daughter, Emma Leigh Barker, on March 18, 2009. Barker was arrested on April 27, 2009 and the charges filed against her include Second nicola barker Degree Murder, Assault On A Child Causing Death and Child Abuse. The complaint alleges that Barker willfully caused nicola barker and permitted the child to be injured and harmed and that injury resulted in death. If convicted on either of the top charges Barker may face 25 to Life. Barker formally entered a not guilty plea to all counts on August 12, 2009. After selecting from a jury pool of over 80 venires,12 jurors and 3 alternates were finally selected on Tuesday. Tori said the jury consists of mostly women, 7 women and 5 men with 3 women alternates. They appear to range in age from 30 to 50 and a sidenote: 1 of the women juror is pregnant. We will update you more about the jury, this first day a LOT is going on. None our friends who have been attending the pre-trial hearings were able to attend the voir dire so we're not able to tell you what type of occupations the jurors have or much about them. Tori did mention that some are dressed nicely and more than she expected came dressed super casually...jeans and t-shirts. Court started at 10:30 am without the jury present so that Deputy District Attorney S. Kelly Cromer (KC) and Deputy Public Defender Roberto F. Dager (RD) could present their arguments to the court on several outstanding motions. One of the motions argued was over Witness X and the Massiah Motion to exclude his testimony. The defense would still like to have him declared a government nicola barker agent. Judge Zackey ruled recently that X can testify to any conversations he had with Stacey Barker before he contacted the sheriff's department with an offer to assist them in this case. Zackey stopped short of ruling on the entire Massiah motion at that hearing because Kelly Cromer told the court she will only use X's testimony about the independent conversations with Barker and the letters Barker wrote to X herself  (24 letters over a one month period of time!). Roberto Dager wants to use Witness X's prior criminal history at trial, the extensive amount of time he has spent incarcerated and what his convictions are (A couple Robbery and a burglary) . Dager also calls X a liar and a thief. ( A side note: Witness X commented on an earlier post at katfish ponders through a third party in response to some comments nicola barker made by members of the Barker family.) A Defense Motion nicola barker to Exclude was argued as well. This motion asked the court to prohibit the state from presenting the evidence found in Stacey Barker's car. We haven't seen the motion but the defense argues it was irrelevant and prejudicial. The state said the evidence should nicola barker be admitted because there were morning after pills found in Stacey's glove box that show state of mind, that she didn't want kids and the pink baby blanket that Emma kept close and called her "Binky" wasn't found in the car, with Emma's body or in the Barker home. The evidence (and lack there of ) from the car is coming nicola barker in. Seated at the table for the state are the Prosecutor, Kelly Cromer and Sheriff Department Homicide Detective Sandra Nava. For those interested in the "full picture" Kelly Cromer is a woman  in her early 60's, dressed in a light blue suit, Jacket and skirt. nicola barker Detective Nava is about 40, she is wearing a maroon colored pant suit. At the defense table Stacey Barker(SB) nicola barker is wearing a dusty violet colored pants and knit shirt, her attorney, Roberto Dager (early 40's) has on a black suit with a blue shirt. Our friends in court have described Dager as looking like Snidely Whiplash . From Tori's description of the day, it seems Mr. Dager came loaded with "Snidely's"swagger today as well. Opening arguments were scheduled to begin at 11 am. Things didn't get started on time though, because it was between nicola barker 11:30 and 12:00 before one of the alternate jurors made it to court. After giving the late juror a severe abmonation about being late and holding up the court, Judge Zackey recessed for lunch. The State's Opening Statement Court reconvened from lunch at 1:30 pm. Before beginning opening statements the court announced that anyon

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