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
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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.

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