Friday, August 27, 2010

The Mystery Is Solved, Eric Preimesberger's Remains Are Found, The Quest for Justice begins

UPDATE 9/9- The preliminary hearing in this case has been continued until October 4, 2010 . Also, Kristi Preimesberger's attorney filed a motion for her to either be released on her own recognizance or to  have her bail reduced,  both were denied, so for now she remains in jail in Washoe County NV along with her brother Timothy Morgan.

*edited copy
Four months after Kay Wilson of New Mexico last spoke with her son Eric Preimesberger, 29, and his young children, she is finally getting answers to what really happened to her son and why her daughter-in- law Kristi left the state with her and Eric's children, cutting off all contact with Kay. 

The answers are certainly not the answers anyone wanted to hear, but there is no turning back time. Because the details of the story, for the most part,  have come from those who have been charged with killing Eric and covering up his death, and the criminal investigation continues, this story may change over time as more evidence is revealed. 

For now, this is what we know for sure, Tim Morgan, 25  is charged with a $1 million warrant for the murder of Eric Preimesberger, and his sister Kristi Preimesberger, 30 (Eric's wife of 7 years and mother of his 2 young children)  is being held on a $100,000 cash bail on a material witness warrant.

During Kay's last conversation with Eric and his children on April 20, they were excited about a move to Eugene,Oregon at the end of the month. I should note that even though both Eric and Kristi's parents live in NM and Eric, Kristi and their kids had been living in Reno, NV they spoke regularly on the phone. 

Eric and Kristi's brother,Tim Morgan, were planning to start a business  building and selling Yurts  up in Eugene. Work had been scarce in Reno for a while and that caused problems, although I 've heard their marriage has been stormy for some time. It seemed as though this move might  be a fresh start for the family. Eric also told his mother that he was glad Tim was coming to Reno to help them move, especially because his (recently injured) ankle was still bothering him. Things definitely did not go as planned.................or did they?

What really happened at the couple’s Red Baron Boulevard home, in Reno, between April 20th and 24th, aside from the fact Eric was killed, is still in question because of the changing and suspicious stories that Kristi told. 

For those not very familiar with this case, Kristi told Eric's family that she and Eric had argued because she was sick in bed and Eric felt "that" had ruined their anniversary on April 20
Later it's learned that Kristi had went to get dinner for the family from Applebee's and had not come back until the wee hours of the morning......so yes they probably did argue, especially if she told her husband the same story she told her mother. 

Kristi's mother, Karen, told Kay that Kristi had called her (in NM ) at 11:30 p.m. on 4/20  wanting her father's phone number. She said she needed to ask him about how to drive in a snowstorm. It's not clear if she made contact with her dad, but at 2:30 a.m. 4/21 Kristi called her mom's phone again but the call went unanswered because her mother was in bed.  The next morning , Karen called the number back. A man answered, when she said she had a call from his number he asked ,"Do you have a daughter named Kristi?" After she said yes, he told Karen that Kristi had knocked on his door and wanted to use his phone. He mentioned she wasn't properly dressed for the weather, so he let her in to use the phone and she left. It's not clear if Kristi left a message when she called her mom at 2:30 or told her this the next day, but Kristi claimed she got lost in the snowstorm, ended up at an apartment complex and walked around until she found a light on and knocked on the door asking to use the phone...... Here is another bizarre aspect of this story.....the weather summary  for 4/20 and 4/21 at  wunderground.com was Reno only had .57" precipitation over those 2 days, hardly enough to run your wipers let alone get lost.

Kristi said that after a heated argument Eric threw his cellphone along with the keys to his scooter at her and stormed off on foot, with just a backpack, saying they would never see him again.

I bring the reason for the argument up between Eric and Kristi because I wonder if this argument had anything to do with Tim showing up in Reno so soon, given that they weren't going to move until the end of the month. Could this incident have something to do with the argument between Tim and Eric? These are questions that we really don't know the answers to yet.

Although after April 20th there was no contact between Eric and his family or friends and the 20th was also the last day Eric (his user name was RuckRider) posted a comment at an online forum that he frequented named totalruckus.com,  there is some confusion over when Eric was last seen. Kristi said he was back and forth getting things from the house until the 24th.

Kay was suspicious hearing that Eric left without any means of transportation, especially his beloved Ruckus scooter, and more suspicious yet when he didn't make contact with any of his family or friends, but when Kristi didn't want to file a missing person's report and moved to Eugene just 8 days after she said Eric left, Kay knew something was wrong.


Kay filed a missing person's report with Reno PD on May 17. Within a month Eric's missing status was changed from missing adult to a suspicious endangered missing adult and the case was moved to the Robbery/Homicide division to allow more resources for what now was an interstate investigation.

By June 16, when the Oregon police tried to contact them, Kristi, the kids and her brother Tim were missing from Eugene as well. On July 2,  Kristi and Tim contacted their mother in NM and said they were safe, but wouldn't disclose their location. Kristi also contacted the police in Reno sometime in July, but gave the same information she had given before she left Reno, she said she had moved to Oregon because Eric had walked out on her and the kids, but in an action that garnered more suspicion, she refused to disclose where they were living. 


Valhall at "The Hinky Meter" has some very interesting information about Tim and Kristi's activities before they fled the Northwest for Minnesota, you can read what she has to say here.
I'll give you a hint of what to look for, in Oregon they used the aliases of Emmet and Mary. Like this story wasn't strange enough. ~insert katfish rolling eyes~

On August 13 Kay and her family received word, from a Homicide Detective with the Reno, NV police, that Tim and Kristi were in police custody in Minnesota. She was also informed that Tim confessed to killing Eric. This news didn't come as a total surprise to Kay, as she had learned on July 29 from a news report in Eugene, OR. that after the storage pod that Kristi rented in Reno had been found at a storage facility in Eugene,  cadaver dogs searched and  "hit" on the pod and a search warrant was executed. Police said no actual evidence was found during the search of the pod, giving Eric's family "a little" hope that Eric might still be alive.

Reno PD also told Kay that Eric and Kristi's children,ages 6 and 22 months, were safe and in Child Protective Services in MN. She was informed her grandchildren  would go to the custody of Kristi's mother, in New Mexico, per Kristi's wishes, as the only remaining parent of the children. While Kay would like to have the children herself, she was somewhat consoled that the kids are with someone they know and love. For some reason, at this point she hasn't been allowed to see her grandchildren.....that is just wrong in this writers opinion.....hopefully that will be rectified soon in the best interest of the kids....they have lost enough!

Timothy Morgan and Kristi Preimesberger  Mugshots,  photos courtesy  of Ramsey County Jail 
RGJ. com  out of Eugene has reported,
" Court records show that once Kristi Preimesberger was aware police in Oregon were helping investigate her husband’s disappearance, she fled to Minnesota with Morgan and her kids."
 * I've been told there is reason to believe that Tim (not sure about Kristi) stayed in Oregon until the end of July.....katfishponders hasn't heard why they ended up in MN of all places,
but the fact remains....... you can run, but you can't hide.....when you're a dumb ass.

According to PiPress in the Twin Cities," Timothy Wayne Morgan, 25, was arrested Aug. 10 at the Residence Inn by Marriott on Centre Pointe Drive on suspicion of felony drug possession, according to Roseville, MN police. He was later charged in MN with suspicion of being a fugitive from justice. His sister, Kristi Michelle Preimesberger, 30, was arrested Aug. 12 on suspicion of being a fugitive from justice and child endangerment.
 

Reno police charged him with the murder of Eric Preimesberger and Kristi is considered a material witness to her husband's killing, investigators said.

The narcotics arrest turned out to be a lucky break for Reno investigators, who had been looking for the brother-sister duo for weeks, said Reno police Lt. Robert Nuttall. Roseville police were called to an area hotel Aug. 10 on a report of a suspicious item left behind in a room used by Morgan and his sister. The two, along with Morgan's girlfriend and Preimesberger's two children, had checked out, said Roseville police Lt. Lorne Rosand."We sat on the room until someone came back," he said. Morgan returned and was arrested. Officers recovered a large amount of narcotics and seized a sizable amount of cash, Rosand said.

Investigators questioned Preimesberger and released her for the night. Rosand said the department put her up in an area motel so she could be questioned the next day about the narcotics. Police were not aware of the missing-persons case until they received a call the next morning from Reno investigators.

Rosand said Reno police were tipped off by Kristi Preimesberger's mother, who received a call from her daughter after Roseville police dropped her off at the motel. Reno investigators flew to Minnesota on Aug. 11 and interviewed the siblings. Kristi Preimesberger was arrested, and her children were placed in protective custody, Rosand said. He didn't know how long they had been in the metro area, but their stay involved multiple motel rooms and multiple cars, he said." 


Morgan and Preimesberger were extradited to Reno on Monday August 23 and are being held in the Washoe County Jail. During their first appearance in Reno Justice Court,Timothy Morgan and Kristi Preimesberger were given a Sept. 8 preliminary hearing date regarding the murder of Eric Preimesberger.

Kristi Michelle Preimesberger
The pictures at the left are of Kristi and Tim's mugshots in Nevada. Notice a little difference? In the Minnesota pictures they are both glassy eyed and most likely high.....the Nevada pictures have the appearance of addicts in withdrawal. Not a pretty sight! What is really ugly, is the thought about what Eric and Kristi's children have been exposed to the last four months.

Court records show that during an interview with police, Morgan said that after he struck Eric Preimesberger in the head twice with a bat, he and his sister moved his bleeding body into a laundry room. A few hours later, they realized he was dead. They then placed him in the back of a vehicle, where his rotting body was concealed for days while Morgan figured out what to do with him.

Timothy Wayne Morgan

The siblings never called police or summoned medical assistance.According to an arrest affidavit, Morgan rented a moving truck and a commercial freezer, which he used to transport Eric's body. He dumped his body near Frenchman’s Reservoir, in Plumas County, California (about 38 miles NW of Reno, and 8 miles from the nearest town ) before taking the freezer to another location and burning evidence related to the crime.

Detectives found the remains of Eric Preimesberger on Aug19. Police allege Morgan killed Eric on April 24 during an altercation. No doubt the coroner or medical examiner will attempt to determine if Morgan's story matches up to the forensics obtained from Eric's remains. The state of Nevada will be cremating Eric's remains and hopefully assist in returning him to his family in New Mexico.

Arrangements have not been made yet, although Eric's mother said they are in the process of planning a celebration of Eric's life for the near future.

 Katfish.....ponders will continue following this case. When this goes to trial it seems like a good case for TruTV's InSession to cover. NV does allow cameras in the courtroom. Depending how the defendants plead in this case, it could be a few years before a trial happens. Any ideas how we can bring this to the attention of the producers at InSession?
* This post has been edited, katfishponders was notified that even though the msm reported Kristi worked as a stripper, while that was true in the past, she didn't work "dancing" in Reno. It was also brought to my attention that Tim was definitely in Oregon at the end of July, a fact that can be established by an encounter with police. 

Please feel free to notify me if you see something published here that you think might not be correct. I strive to provide accurate reporting here but sometimes I have to rely on what is reported in the news and they don't always "get it right"; therefore,  I'm glad to correct or amend something posted on katfishponders that isn't accurate. You can reach me through the e-mail on my profile page.
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Thursday, August 26, 2010

Eric Preimesberger, The Story Of A Man Who Loved Life, A Man Whose Life Was Cut Short

Eric's life was taken  by a senseless act of violence, in Reno, NV

Eric's life was taken sometime between April 21, 2010 and April 24, 2010 by a senseless act of violence, in Reno, NV.  His legal date of death is the day the M.E.'s office received him into their care which was  8/19/2010.

The purpose of the article you are reading is to pay tribute to Eric Preimesberger's life. Katfish.....ponders did a report on Eric in July of this year, entitled: The Mysterious Disappearance Of Eric Preimesberger.  If you are interested in learning about the circumstances in which Eric went missing, please follow the link above to the previous article. 

I am working on an article entitled: The Mystery Is Solved, Eric Preimesberger's  Remains Are Found, The Quest for Justice begins. In that article I will provide details about Eric's death, those who are accused and the long journey Eric's  family and friends will take in their quest for justice. To be honest, I was working on that article before I started this one. In an effort to protect the investigation, the decision was made to hold off on reporting any details about the arrest of the accused and the admissions they were making until 8 / 24. The accused have now been arraigned, so it's ok  to report those details....But... as I worked on it, I kept coming back to Eric and felt the need to learn more about his life. As I came to learn more about Eric I also learned what a devastating  loss his senseless killing was to so many. 

I will include links at the bottom of this article to a blog, The Hinky Meter and an online main stream media site,  RGJ out of Oregon, who have their posts up about the legalities and the gruesome details of Eric's death. Those articles are very informative and factual and a must read.

The information in this article was gathered from someone who knew Eric possibly the best of anyone in Eric's life, his mother. 
It's usually best to start at the beginning, so here we go.....

~A Loving Son, Grandson, Brother ,Uncle, Nephew and Cousin~

Eric was born  to Edwin and Kay  Preimesberger on July 9, 1980 in Bozeman, MT.

Eric moved with his family to Farmington, NM from from Bakersfield, CA in 1990. He attended school in Farmington and Bloomfield NM, and graduated from Bloomfield High School in 1998. He graduated from San Juan College after two years of auto body repair training.

When younger, Eric was very involved with dirt bikes, more specifically, a KTM dirt bike was his bike of choice. He loved to go fast and he rode his KTM in many races, according to his mother he had lots of trophies and broken bones to show for it. Eric rode often with Don Sheets, Jr. his cousin and best bud.

Eric was the type of guy that always had a smile on his face, a quick joke or silly impression to make you feel better. It didn't matter if you were really having a bad day, he could still cheer you up and even make you laugh. One of  his bonus sisters from Washington told his mother a story about a day when they went to the fair together. There was a person making a variety of balloon things. Eric made his into a hat and wore it the rest of the day, just to make his sister and the other two kids who were along laugh. He always thought of others first. 

Kay wrote, "Eric was the light of my life, I loved him from the moment I knew I was Pregnant with him, and that love only grew stronger every day of his life, it will never stop 'til the day I die. I remember when I was single, and working 3 jobs and coming home from work so tired and depressed I wanted to cry, I would walk through the door and both boys would run to hug me, but Eric would say " Wasn't it a great day mommy!?" and then it would be." What a wonderful memory Kay! It sounds like you have some wonderful kids!

Eric is survived by his parents ; William Wilson his bonus(step) father,  mother Kay Wilson of Farmington, NM. and  bonus mom Laurie Harns of Vancouver, WA, his siblings ; brother Coby Preimesberger and sister Teresa Wilson of Farmington NM, his bonus sisters; Kara and Nicole Lukens of Vancouver, WA , Janie Sheets of Kirtland, NM and bonus brother M. Eugene Sheets III of Snyder TX, His maternal grandparents Max and Lois Hickman of Glendive, MT. Eric is also survived by numerous Aunts,Uncles, many, many cousins and loving friends from all over the country.

Eric was proceeded in death by his father Edwin J. Preimesberger of Vancouver, WA, paternal grandparents X. Fred Preimesberger of Glendive, MT, Pete and Judy Penner of Florence, MT. and his Uncle Chuck (Charles) Preimesberger of Glendive, MT.

Eric with his children
      ~A Loving Father ~

Eric is survived by his children; Ivy Rayne Preimesberger, age 6 years and Damien Eric Preimesberger, age 22 months.
Eric was always a very hands on father. He got up with the kids at night and fixed their bottles, even when he had to work the next day. From the day the babies came home from the hospital, he helped bathe them, changed their diapers, dressed them, made their meals and feed them...he saw to it that their laundry was done and the house was cleaned.

Eric even was learning to french braid hair because one of  Ivy's friends wore hers that way and she really wanted her hair braided like that. Ivy was excited that daddy was going to be able to do her hair for her. Eric and Damien walked Ivy to and from school almost everyday, on the wet days they would drive her both ways . He was so dedicated to this that after he hurt his ankle, he walked down to the school using Damien's stroller to lean on.

Kay said," Eric was the kind of dad we all wish we  had and what all dads aspire to be. He was literally the chief cook and bottle washer."

Eric was a man who loved spending time with his kids, and truly enjoyed playing with them as often as he could. He didn't just "say" his kids were his greatest accomplishment in life, he "lived" it.

Eric lost his father at an early age, so he vowed to be the best dad ever, and he was.......until the day he was brutally taken from them.

            ~A Trusted And Loyal Friend To Many ~

While Eric's family was a very important part of his life and many of his friends are family, Eric also has a large number of "unrelated" friends all across the nation.

Eric will be remembered as a trusted and loyal friend, if you needed him, he would drop everything and come running. While living in Reno, Eric became involved with a new hobby......scooters.  When time allowed Eric loved to ride his Honda Ruckus Scooter.
" The machine that's too cool to know it's a scooter."
"Ruckus Love"
Eric was well known as a Honda Ruckus Scooter enthusiast. He belonged to a scooter club in Reno known as the BBSC (Battle Born Scooter Crew) and loved to go for rides with his friends from the club. Kay said, "If that scooter was human, Eric would have considered it his best friend". One of Eric's friends told Kay that Eric loved that scooter so much he would tease Eric and call him "Eruck". LOL! Eric was also active on an online forum named TOTALRUCKUS.com for scooter enthusiasts from all over the country and went by the user name RuckRider.

          ~The Plans for the future ~

Eric's  life was cut short by people that have no regard for human life. Eric's Mom, Dad, and his large clan of family and friends vow they will see justice done for Eric, their beloved son, grandson, brother, nephew, cousin and friend.

During Kay's quest to find the truth about what happened to her beloved son, Eric and his family have touched many people that have never met them, including this author. I vow to continue to  follow this case and pray for justice to be done.


There will be a celebration of Eric's life in the near future. His family will try to let everyone know far enough ahead to allow time for those who need it, to get the time off from work and for travel.

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Tuesday, August 24, 2010

The Search For Stacy Peterson Continues

The Illinois State Police (ISP) have returned to West Central Illinois for a third attempt at finding Stacey Peterson in as many months. Police investigators and dive teams spent five hours Monday, August 23, in Knox County lake, following up on a tip in the disappearance of Stacy Peterson. Earlier this month, investigators searched in rural Knox County and investigators also searched a rural area near Peoria in June in connection with the same tip Click here to read about the June search.

 
Investigators searched the waters of Lake Storey following up on a tip concerning the disappearance of Stacy Peterson, the fourth wife of former Chicago area policeman Drew Peterson. Several divers searched a stretch of shoreline in Lake Storey near Galesburg. The small lake is just off Route 150. Assisting the ISP were members of the Galesburg Police Department dive team and the Department of Natural Resources.

''This is part of the Stacy Peterson investigation'', confirmed Illinois State Police spokesman Tom Burek.'' We're looking for evidence to follow up on a lead'.''The investigation lasted from roughly 9 a.m. to 1 p.m., said Illinois State Police Master Sgt. Tom Burek. ''The specifics of the lead, I can't really discuss. It's the same lead we've been working on since late spring'', Burek said after a police briefing on the search Monday in Galesburg.

Burek told WQAD, News 8 that ''nothing of significance'' was found in or near the lake.''You don't always hit a homerun'', Burek said. ''We're going to stay moving forward with this.'' For now, ISP has no immediate plans to return to Knox County.
Drew and Stacey Peterson in happier times
Investigators have also followed several leads in the Chicago area, conducting searches in the waters near the couple’s home. Stacy Peterson was a 23 year old mother of two young children when she disappeared in October 2007.No one has been charged in her disappearance, although Drew Peterson,56, is the only suspect in the death.

Peterson is also facing murder charges in the death of his third wife, Kathleen Savio.Savio's death initially was ruled an accidental drowning, but her body was exhumed and re-examined in 2007 after the disappearance of Peterson's fourth wife, Stacy. The onetime Bolingbrook, Illinois, police sergeant denies any wrongdoing in either case.

Drew Peterson pleaded not guilty to the murder charges and remains held in the Will County Jail on $20 million bond. That trial was scheduled to begin in July, but has been postponed, possibly for months, while the Prosecution appeals a decision by the trial judge to the IL Supreme Court. Circuit Judge Stephen White issued a ruling that keeps some witness statements out of court as hearsay.

CNN
Galesburg  Register- Mail Sphere: Related Content

Wednesday, August 18, 2010

The Legal Meaning of Presumption of Innocence


This is a subject that seems to come up a lot, and also seems to be a concept that is most often misunderstood. I came by what I think is an excellent explanation of The Legal Meaning of The Presumption of Innocence at a website called The Tipmra.. This site is actually a speeding ticket defense website.....luckily I have never needed to use "The Genuine Tipmra Speeding Ticket defense" but I admit I do keep it bookmarked in case that day ever comes. Never say never.......In the mean time I'm happy to give them a plug because they generously give everyone permission to reprint this article making changes as necessary as long as it is not submitted as original work.This article was submitted (with minor changes) by attorneys and law school students as original work.

Have you ever  wondered  why people who are charged with a crime are treated as if they are guilty when we are supposed to be innocent until proven otherwise?

In an argument a presumption is what someone owns. Think of an argument as a scale. If both sides of the scale are equal the one that owns the presumption wins. A presumption can be a presumption of debt, a presumption of title and so on. As a defendant you own the "presumption of innocence".

Many confuse presumption with assumption or assertion. 
An assumption is a position that is not proven but because of the circumstances can be considered correct. An assertion is a claim made justifying the assumption. If challenged by the owner of the presumption the burden of proving the assertion is placed upon the party making the assertion. Failure to prove the assertion results in the owner of the presumption prevailing in the dispute.

In an arrest the person making the arrest warrants to the court (makes a type of guarantee) that there is a warrant (a link between a claim and evidence) to prove an assertion. In other words the arresting officer when he fills out your ticket swears to the court that there is sufficient evidence to to prove his assertion that you were speeding.

If you do not challenge the assertion then you accept as fact the elements of the assertion and give up your ownership of the presumption. By pleading Not Guilty you are challenging the prosecution's assumption which is based on assertion of guilt. Your presumption will prevail unless the party making the assertion can provide the link between the evidence presented and its claim. Without evidence a claim can not be proven and your presumption prevails.

Your presumption of innocence does not mean that the court believes you are innocent. On the contrary the court believes you are guilty because a warrantee has been made by a responsible party to the court that they can make the link between proof and claim to outweigh your presumption.

Until such time when the assertion is tested your presumption prevails and you are innocent. However, since the prosecution has given its assurance, its warrantee, the court will assume you as being guilty even though you are presumed innocent. The court can place restrictions on you until such time when the prosecution has opportunity to present its evidence to prove its assertion.

The prosecutions assertion is not timeless. By making the assertion it also warrants that it has all the evidence it needs and needs no more evidence to prevail over your presumption. The prosecution assures the court that is ready for trial at a place and time of the court's choosing. To prevent indefinite delays as to the trial there are statute of limitations, Time expiring points where if the assertion is not tested in a timely manner, it goes away. In that event the presumption prevails.

In short, the court will assume you are a criminal because of the warrantee made by the prosecution. The fact that you own your presumption of innocence and in fact are innocent is what the prosecution must overcome to gain a conviction.

It is not that you are innocent until proven guilty as many believe. It is that you are assumed guilty because of the assertion made and until your presumption of innocence prevails your protestation of innocence is simply the challenge to the prosecution to prove its case.

If the prosecutions assertion is not tested in a timely manner or if it fails in any way to prove its assertion then your presumption takes precedence.

Since you own the presumption you have nothing to prove. The court recognizes the fact that the presumption is yours. With the presumption is innocence you do not have to prove innocence as it is a given. The Burden of proving otherwise is upon the party making the assertion.

If the presumption were a presumption of title you would maintain the title unless the opposing party proved their assertion. However because of the conflict created, the court can protect the party making the assertion by preventing you from selling the title until such time as the case is heard. In a similar way the court can have you jailed to prevent you from fleeing even though you still own the presumption.

Hopefully this gives you a better understanding of how the justice system really works. Sphere: Related Content

Stacey Barker August 11 Hearing - Star Witness Doesn't Want To Play

Emma Leigh Barker
The murder case against Stacey Barker finally appears to be nearing the trial phase of the legal process. At a hearing held at  the Michael Antonovich Antelope Valley Courthouse in Lancaster, CA.on August 11,  Superior Court Judge Hayden Zackey said the court is still shooting for a trial the week of September 26, 2010.

 At a previous hearing Judge Zacky required the prosecution and the defense to agree if they want him to preside over this trial the only excuse for it not happening in September is if his schedule has a conflict.

Stacey Barker is a 25 year old woman from Lancaster, CA accused of suffocating her 18 month old daughter, Emma Leigh Barker, to death before dumping Emma's body in tall grass on the side of the freeway on March 18, 2009.

When Emma was first reported missing, Stacey Barker claimed Emma had been kidnapped. Barker claimed she had been knocked out by "the kidnapper" as she loaded her daughter into her car seat when they were leaving playtime at a local park. Barker claimed the next thing she knew she came to six hours later in her car, now parked several miles away in a Palmdale park and ride lot, partially unclothed, injured and her daughter was missing. Because Barker did have injuries consistent with a struggle she was transported to the hospital for treatment and an Amber Alert was issued for Emma.The next day Barker admitted making up the abduction story and led authorities to Emma's body. She said the little girl died accidentally, causing her to panic (afraid she would be blamed) and leave the girl's body near the freeway.
  
On April 27,2009, Barker was arrested and the charges filed against the young mother include murder, assault on a child causing death and child abuse. Stacey Barker formally entered a not guilty plea to all counts on August 12, 2009. She has since been held at the Century Regional Detention Facility in the city of Lynwood on $1 million bond
.
The purpose of this article is to share the details of the hearing on August 11. Once again, Tori, and friends have taken time out of their day to attend the hearing and share the details with us. ~ thank you ladies ~
The hearing got started early, around 9 a.m.. Deputy District Attorney Kelly Cromer was first in the courtroom today, followed by Public Defender Roberto Dager. When Judge Zackey came in, court got under way even though the defendant wasn't in the courtroom yet.

At the July 26 hearing, PD Dager had requested an inmate named Erin Sutton, who was communicating with defendant Barker, be brought into court to answer some questions. PD Dager told the court that Erin Sutton is or claims to be a GOVERNMENT AGENT! Judge Zacky asked, "Do you mean a government informant? Dager said," NO, on one of the taped conversations with my client he identifies himself as a Government Agent. An employee of the state." Dager wants him in court to answer questions about other cases he has testified in and so forth...under oath and the hearing was scheduled for August 11.
Erin Sutton

We overheard someone say something like "HE" is refusing to talk or that "HE" should refuse to talk...something along those lines, it was hard to hear.(.Apparently the "star witness" for the day didn't want any part of these proceedings.) Shortly after, the Bailiff informed the court, "He" is here" (in holding cell). Judge Zacky and the Bailiff exchanged a few words before the Judge called PD Dager, DDA Kelly Cromer and the Court Reporter with her steno machine to his chambers.
 (We speculate that Erin Sutton was brought into Judge's Chambers to answer Dager's questions in private. We were disappointed at not being able to hear Sutton's testimony; but, unless it is sealed we will find out eventually, especially if the state uses any of the communication between Sutton and Barker at trial.)

 I should add that  Mr. Dager told the court this information about Sutton, on the record, on July 26. While we normally report anything that is on the record, we felt we should wait to disclose this until after this hearing. If Erin Sutton has incriminating testimony against Ms. Barker, you can be sure the defense will try everything they can to discredit him. Frankly just the fact Sutton  is a convicted criminal gives the defense a leg up, especially if he is benefited for testifying.....that is....unless Barker was recorded saying or wrote something to incriminate herself

An Aunt of Stacey Barker commented at the Now Public forum., evidently in reply to our question, "Why would Stacey Barker associate herself with such a guy as Erin Sutton aka Vampire?"
This is a quote of one of her comments, "The answer to your question is Sutton was a plant by the DA on the bus.  The intent was to extract some sort of information regarding Emma's death.  He was convicted and sentenced to 26 years, for some sort of child molestation.  He was offered a deal (and was found guilty bgy[sic] his peers of his crime) to get a lesser sentence if he befriended Stacey.  So there you have it.  Let's talk about the DA making a deal like that to cover her week[sic] case on Stacey." She added this in another comment,"The DA has nothing on Stacey, that's why they offered a convicted person like Aaron to try and get evidence and it turns up nill[sic]!  But he gets 18 years off of his sentence??? There's justice at work."

 I supplied the link to her comments and our replies at the NP forum above, if you are interested. I do want to say that as far as we can find (Tori contacted the Superior Court phone line for inmate information) Erin Sutton is in jail for felony robbery not child molestation and he is not on any of the state sex offender registries that we could find. We don't know if Sutton is an "informant" or "government agent" but can pretty comfortably say it sounds far fetched to give someone an 18 year reduction in a 26 year sentence for "just trying" to solicit information. I don't know who gave them this information, we'll have to wait and see if it's correct or not. Granted, as family of the accused,  they are in a very frustrating position and we have no desire to argue with them. We have a right to follow this case, form our own opinions and share what we hear in court with you. What matters at the end of the day is what the jury of Stacey Barker's peers decide after they have heard the evidence that is allowed into court.

OK back to the hearing:

Dager, Cromer, the Judge and the Court Reporter came back,. Zacky said the next hearing will be on August 26  for wrap up of discovery. Judge Zackey then  instructed the Bailiff to bring Ms.Barker in please...
When SB came in today, she appeared to be in a snit, walking heavy and mad looking. She didn't look into the gallery at all, she plopped down into the chair next to PD Dager and faced forward.
Zacky advised Barker we are still shooting for the week of Sept 26th for trial. We'll  be back here August 26 to discuss the motions you want filed (or have filed ?) specifically mentioning some previously filed motions:

1) MOTION FOR CHANGE OF VENUE - This motion was filed on January 17. When Judge Zacky denied the motion for COV on February 18, he told the defense we have a large jury pool and we won't know until we poll the jurors if that is necessary. {Meaning  it was denied without prejudice, so it could be brought up again later. )

2) EXCLUSION OF MEDIA - After filing  the change of venue motion  on January 17, PD Dager informed the court if his motion for COV was denied,  he would ask that all media and news reporters and people in the gallery that report on this case on blogs be kept out of the courtroom.
Judge Z said he would have to do some research on this, because of the "Freedom Of Information Act", the community has the right to know what is going on.

Judge Zacky continued," ALL the other motions you want to file at that time will be heard", and then asked," You will be bringing in expert witnesses right?" The judge reminded both sides," We will finish up any discovery either side may have." adding, "Discovery is a ongoing thing."

DDA Cromer said, " Here are some more letters and phone calls" as she handed a giant yellow envelope to PD Dager, which he sort of  let  fall on the table hard, he didn't seem pleased with this new stuff.

Judge Zacky said, "OK, We will see you all back here on the 26th and court was recessed." Stacey Barker got up and escorted by the bailiff she marched off towards the holding cell as if she was mad, at the last second she tried to turn and mouth "I love you" but none of her intended recipients were looking at her, as her boyfriend and grandparents, who attend every hearing, had already left their seats and had their backs to her when she decided to acknowledge them....so no one saw her this time.

. Sphere: Related Content

Tuesday, August 17, 2010

Dear Readers...Please Bear With Me

 My knee is hurt but swells to my toes arrgghhh

Dear Readers,
Because of personal issues I am way behind in my blogging.
Mr. Katfish was very sick and in the hospital most of last week. Shortly before he got sick, I fell on my stairs and bunged up my knee. Mr. Katfish is home and feeling much better so my time is my own again; however, I'm still dealing with pain and I'm pretty much immobilized right now. I'm going to try and sit at the computer as long as I can. Please Stick With Me.....I am working on the following posts:

Nicholas Sheley - Hearing held July 30
Stacey Barker- Hearing held Aug.11
Eric Preimesberger -some recent updates are in comments of last entry.
Casey Anthony - Will It Be A Cookie Defense Or A Kookie Defense?

I have also come across another Missing Adult Case, of  Zachery Pittman, a 26 year old Louisiana man, that isn't getting the media coverage or the police investigation that it deserves. I really want to help Zach's mom get the word out, so please keep an eye out for an upcoming post on Zach. It's a no brainer that most  missing cases involving children get attention, although you might be surprised the number that don't. If a missing persons case involves a young pretty woman (particularly white) it will likely garner media coverage.....but beware if you have a son or brother in the 20-40 age range and they go missing,  the issue isn't just media coverage but also getting law enforcement to investigate. I don't mean to disparage LE in any way. I have learned that until the media gets involved there may not be much resources expended for young men gone missing, it's just a fact of life.

I may not get the posts done in the order they are listed here, but hopefully they will be worth the wait.
I have noticed from my blogroll there  has been a lot going on in the Casey Anthony and the Haleigh Cummings cases but I want to complete the stories that I have already started drafts in my blogger. So in conclusion here, thank you for visiting katfish....ponders. I can't tell you how much I enjoy blogging and strive to give you the most accurate and complete information I can.
Sincerely,
katfish Sphere: Related Content

Monday, August 9, 2010

Haleigh Cummings Reminder - A Vigil And Her Birthday

Updated to correct time for balloon launch and add Haleigh's favorite song    "That's What I love about Sunday"



My favorite picture of Haleigh Cumming

Haleigh Cummings was 5 years old when she was reported missing from her home in Satsuma Florida at about 3:30 in the morning on February 10, 2009 by her father, Ronald Cummings and his live-in girlfriend, Misty Croslin..
 
Despite the fact that within 1 hour of Haleigh being reported missing, the FL Department of Law Enforcement activated the Child Abduction Regional Team and searching began by over 100 officers from county, state and federal law enforcement by helicopters, bloodhounds, ATV riders and ground searchers conducted grid searches of the wooded area while boats and divers searched the nearby St. Johns River, there has been no sign of Haleigh and apparently no evidence to indicate who may be responsible for her disappearance.

While there has been no arrests directly related to Haleigh's disappearance, the Putnum County Sheriff's Office (PCSO) did say early on they didn't think this was a stranger abduction case. On April 15, 2010, Sheriff Jeff Hardy, of the PCSO, announced the investigation is now classified as a homicide investigation.

I realize I've been very brief in the introduction of this article. The main purpose of this article is to remind everyone that Haleigh is still missing and to give a heads-up to some upcoming events for Haleigh, which I'll get to in just a minute. First, if you would like to read more about this case and some of the "side issues" that have developed among Haleigh's 'families' and the ' many professionals' who have become involved in this case click here . This link will take you to previous reports on katfish....ponders  related to Haleigh's case from most recent to the earliest.

Secondly, Katfish...ponders wants to commend Simon and Jan Barrett of The Blogger News Network (BNN) for keeping this story "alive" in the media over the past year and a half. BNN has consistently contributed their resources to this case, including doing  a radio show about this case on Blog Talk Radio every Sunday at 4pm Eastern. If you aren't already familiar with BNN, I recommend you check out their website. To view their in depth reporting about this case click here.To listen to tapes of previous radio shows click here. BNN also has a forum linked from their main page. On a recent stop over to BNN, I noticed Jan had written another article about Haleigh, and I want to take the opportunity to help spread the word.....

Jan Barrett wrote, " The Cummings family has decided to hold a vigil to commemorate Haleigh being gone which will be held in Welaka, Florida. The memorial is set to take place at the First Baptist Church on Tuesday, Aug, 10th at 6:30 pm."
Jan also wrote, "They have also arranged for a balloon release to take place on Haleigh’s birthday, August 17th. Since Haleigh was born at 2:16 am they have decided to release the balloons at precisely 2:16 pm that day. The family will be providing the balloons and the release is scheduled to be at the Riverfront Park next to the clock tower."

On Tuesday, August 10, 2010  Haleigh will have been missing exactly 18 months. And then Tuesday, August 17 will be Haleigh's 7th birthday (if she is indeed still with us). I just attended one of my niece's 7th birthday in July, the kids had fun swimming, her parents rented a jump room and all the kids at her party jumped and jumped and jumped some more. They played pin the tail on the donkey and broke a pinata. If Haleigh is still with us I pray that someone makes sure she has a fun day. If she is no longer with us, well.... no doubt she is leading all of  the other angels cloud dancing everyday so this will be just another glorious day in Gods loving arms.

I realize many people who have taken an interest in this case won't be able to attend the activities her family has planned, most likely because of distance, but please honor Haleigh by thinking of her....maybe light a candle and say a prayer for Haleigh and both sides of her family who love her and must miss her so......Crystal Sheffield is Haleigh's mother. I haven't heard of any events organized by Crystal's family but would be happy to include those plans as well.

A regular commenter over at BNN named "J." made the following comment the other day.......
J said,on August 5th, 2010 at 12:36 pm, "Beautiful article, Jan!
I released red and purple balloons last year for Haleigh’s sixth birthday with fliers in them. This year, I will release red and purple balloons (her favorite colors) to “celebrate” her birthday.
There is an email address that people can email pictures into if you do your own balloon releases and the pictures will be shared online.
balloonsforhaleigh@gmail.com I pray so hard for Haleigh and her loved ones. A year and half with no answers is just brutal. I don’t know how they all do it. They all need answers and Haleigh needs to come home (one way or another), preferably ALIVE. Oh how I pray for that!"

Thanks for sharing that wonderful idea "J". Both sides of Haleigh’s family have been trashed on the internet,and unfortunately  because of their behavior “some” may deserve it. Regardless of any of their behavior, they are the people Haleigh loved and they are still missing their little Haleigh Bug. I think the link to submit pictures is a wonderful way to express support to them all.

There has been concern expressed about the effect of a balloon launch on the environment as well as some communities having laws against balloon launches. If you find there is a law against launching balloons in your area or if you live in an area where there may be a concern for sea life mistaking a balloon for food, a picture sent lighting a candle would be a thoughtful gesture. I did a little research and want to share this information:
Here is a website with information about the effects to the environment by balloon releases.
http://www.balloonrelease.com/faqs.htm

Brief summary-
*As long as latex balloons are used they are biodegradable.
*Limit your balloon release to 10 or fewer balloons.
*Use only hand-tied latex balloons and no plastic attachments or strings.
*Never release metallic balloons.
*Never attach metallic ribbon to helium-filled balloons. Metallic ribbon and balloons conduct electricity and may come in contact with power lines when released.
*Always use fully inflated balloons, and release shortly after filling.
* Instead of inserting a flyer inside the balloon (launch issues) perhaps just write a note with a marker on the balloon.
The bottom line is, This is really all about the thought of this sweet little girl and if you take the time to e-mail a picture it is without a doubt an act of compassion for our fellow man.

I think it’s a fair assumption to say that anyone  who has followed this case, has turned the case inside out numerous times and came up with hundreds of theories about what happened to Haleigh, but there just doesn’t seem to be any concrete evidence to support any theory. For reasons that have not been disclosed to the public, Law Enforcement has declared this a homicide investigation. I admit that the only theory I have left standing in my mind is that Haleigh is already in Heaven. I won't go into my theory unless someone asks, but I can honestly say  I have never so wanted to be wrong about something. In all fairness to Haleigh as long as there is no evidence to show me otherwise I will continue to have that flicker of hope for her safety. In that light, here is a picture of distinguishing features of Haleigh and contact numbers to report any sightings or leads:

Haleigh Cummings


At the time she went missing Haleigh Cummings was described as three feet tall, 39 pounds, with blonde hair and brown eyes. Haleigh has Turner's syndrome so she likely is still of short stature for her age. Other physical features of Turners Syndrome include:
  • A short neck with a webbed appearance
  • A low hairline at the back of the neck
  • Low-set ears.
Haleigh also has a birthmark on her left cheek shaped like a peanut. You can see the birthmark in this picture.
Please keep in mind it is possible that efforts have been made to disguise Haleigh's appearance.
 Anyone with information on her whereabouts is asked to contact the Putnam County Sheriff's Office at 386-329-0808 or Crime Stoppers at 1-888-277-TIPS. Sphere: Related Content