Tuesday, December 7, 2010

Stacy Barker Wants To Make A Deal......

As I'm writing, snuggled up in a blanket in front of the computer, I can hear the wind howling outside, bringing us our first Midwest snowstorm for the Winter of 2010/11. The forecast isn't for a big storm, but you never "really" know what the wind is going to 'blow in' until after it has blown. For anyone not familiar with Midwest Winter, the wind doesn't have to bring new snow to be devastating, the accumulation of snow drifts caused by the wind are often harder to overcome than fresh fallen snow. Even so, my mind isn't so much on the storm outside, but the "storm" that seems to be brewing  out in Lancaster, CA in the Stacey Barker murder case.

Stacey Barker, 25, is charged (2nd degree) with murdering  her 18 month old daughter Emma on March 18, 2009. She is also charged with one count each of (273ab.) assault on a child causing death and (273a). felony child abuse. Barker has pled not guilty to all of the charges.

 Even though this case is being played out in the CA high desert the storm outside seems relevant, because following a
criminal case reminds me of the uncertainty of watching a winter storm in progress....You can try to "forecast"  what the outcome of a criminal case might be (through the discovery and case law), but you never know for certain what the result will be until it's over. Much like the wind continuing to blow throughout a storm, the criminal investigation can continue until the case is settled either by trial or a plea bargain. The investigation may not uncover new evidence, but like the wind blowing that old snow (and possibly new) to make a drift, the accumulation of evidence that supports each other can be as damaging as a single admission. This scenario may well be what determines the outcome of the Stacey Barker murder case......it seems the defense may have realized they are stuck in a drift and are trying to dig themselves out.

if only.....
The hearing on December 3 was short. Once again, after confirming with both parties that they agree to stay in his court, Superior Court Judge Hayden Zackey allowed for another continuance. Judge Zackey said, " The next hearing will be on December 17..... adding....for what we were to do today ". Sorry, I can't tell you WHAT they were supposed to do today because recently much court business has been conducted in chambers .....kind of makes it hard to forecast anything.  A couple detectives (Nava was one) and a uniformed sheriff' deputy were in court today and were told to return on the 17th. A note of interest... we haven't seen or heard anything more about the defense experts that  required the trial to be delayed in September. What's up with that? Well anyway.....Zackey continued, " It's my understanding the parties are having an ongoing discussion regarding this case....we'll see if those discussions are fruitful on December 17th" adding, "Kelly will make a motion......you will make a motion, right?" Cromer agreed. If an agreement can't be reached and this goes to trial, January 7 will be a pre-trial hearing and Zackey said it will start 0 of 59.

The Saturday morning headline of the Antelope Valley Press (AVP) reads,"  Baby Barker's Mom Seeks Plea Deal!" Craig Currier of AVP reports that Deputy District Attorney (DDA) Kelly Cromer declined to comment about the specifics of the deal; however, she said she was approached before the hearing on December 3, by Stacy Barker's Public Defender, Roberto F. Dager, about the possibility of resolving this case without a trial.  Cromer also told the AVP the state has until December 17 to decide whether they will negotiate with the defendant's attorney or take this case to trial. If a plea agreement isn't reached, Cromer said this should go to trial in early February.

The state is under no obligation to accept a deal....word on the street is.....  the state has already turned down the defense offer.....we've also heard, but can't confirm, that Stacy Barker is willing to plead guilty to Involuntary Manslaughter and one of the 273 (we assume that is the felony child abuse charge 273a) in exchange for a twenty year sentence with 2 strikes and time served (subtract 20 months and don't forget good-time) . I only bring up the unconfirmed deal (consider it scuttlebutt) as a jumping off point to start a discussion....Do you think the state should negotiate or take this case to a jury? What type of deal do you think the state could make that would be justice in this case?

According to Wikipedia, "Plea bargains are so common in the Superior Courts of California that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisement required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements. Click here to see a PDF of the form, it's interesting.(Thanks LCM)


 This isn't the first discussion of a plea.Earlier this year, there was mention of an offer to settle and Deputy District Attorney Kelly Cromer was overheard saying in the courtroom, " The only deal I'll accept is 15 to life." Obviously, there wasn't a deal made. I wonder....was Dager just blowing smoke up DDA Cromer's skirt to see how strong of a case the state felt they had or was he just trying to see what color her panties were? LOL jk We will never know that answer for sure, but at the next hearing  DDA Kelly Cormer presented through the discovery process some CD's that consist of taped visits with civilians that went to see Barker in jail and some letters to and from another inmate at the jail....can you hear the whistling wind? I can and it's whistling "Erin Sutton". Whoooweoooo.....the wind can blow from all directions.

Did PD Dager forget to forecast a warning to his client........prisoners have no rights to privacy....or did she just not heed his warning? The content of the communication Barker has engaged in with her visitors or fellow inmates hasn't been made public, but I'd think it can't be good for the defense if the state intends to use it at trial. Is it a coincidence that a week or so after Erin Sutton proffered his testimony in camera Barker's visitor status changed to no visitors? What seems most telling is the defense making a plea offer following an order signed by Judge Zackey on November 17 to allow Dager and Barker a face to face visit with his laptop.
If the state has Barker on video or letters she has written making comments that are consistent with her admissions to law enforcement she may have undermined her own defense.

In my opinion, even though we've been aggravated and sometimes amused by Roberto Dager for things he has said and done in this case, such as, " There is no proof his client 'SUFFERCATED' her daughter " or when he argued his motion for a change of venue,” These dumb, stupid, idiotic, moronic people blog on things they don’t know or things they think they know in an effort to turn people or potential jurors against my client.”........he does seem to be providing Stacey Barker a vigorous defense. If the state decides to take this case to trial I'll write a post about possible defense strategies based on information we have learned during the pre-trial hearings and the motions filed so far.....in the meantime I'm going to put another log on the fire and call it a night......it's cold out there. Sphere: Related Content

8 comments:

  1. Hi Kat
    How is your Trip? hope all is well and you are having fun, getting a tan? LOL here is the update on what happened on Friday 12/17/10.

    They are now calling ES Mr.X or Wit X...

    Looks like they couldn't come to a deal.....although no trial date set as of this date, yesterday was a big deal...next court date is Jan 24th,2011 to finish up what was going on today....

    There was so much going on that I could not get word for word what was said to put it down in writing...so I will just give a overall of what happened yesterday, you can call and jog my memory if you like Kat....

    Ok ,it was a long day...they did not start until just before lunch...

    All were in attendance except BB, the Grandparents, Ange, Tiff, Me, Nurse and Craig. the 2 Grandparents were not happy we were there, the one Grandfather could care less, the other one made remarks loud enough for us to hear and stared down Craig, Craig was a little taken aback, he said to me "I am just doing my Job" why the looks? sooooo non confrontational!

    The LE was there also, Det Sgt. Nava, Det Sgt. Walls and the Little Sheriff that we never knew who he was...His name is Sims and he is a module officer at the men's Jail in the high power section of the Jail.

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  2. They are calling Vampire "Mr.X or wit X" they do not want his name said in court.

    First up on the stand is Sheriff Sims, Dager is asking JZ to make Det Sgt S.Nava to leave the room during Sims testimony, as she is going to testify next and he does not want her to hear what Sims has to say so she cannot change her testimony, Cromer said she needs SN to help her in the questioning, she is allowed to stay but Dager said he wants it on the record that he does not like it, JZ said "SN will be under oath and I don't feel she will change her testimony based on Sims testimony"
    Sims is sworn in and takes the stand, Cromer asks about his Job, then she asks him how he knows Mr.X, he said he is one if the officers of the unit that Mr.X was housed in in Men's Jail.
    The unit is a Protective custody unit and Mr.X is a "High Power Inmate" he then was asked why Mr.X contacted him, he said X told him that he had Info on a case and wanted him to contact the Homicide Det's for him, Sims said ok but he was not sure if he could but would try.
    Dagers turn to cross, he wanted to know if Sims and X are Friends? Sims said there is a line of Inmate and Officer and Sims does not cross that line with any Inmate. Dager well do you have friendly conversations with him? Sims said what do you mean? RD, like do you talk about football and stuff? Sims said "Football" No..it's just a Inmate, Officer relationship sir! he then asks if Sims trusts X, Sims said "I trust no one sir" Dager asks if X has discussed the reason he is in Jail with him, Sims said not really. Dager asks some questions that NO one understands and JZ has to ask the question in a way that the officer and others understand...Dager asks how every time SB and X had to go to court they seem to be next to each other? he said I don't know X may have asked the Transport driver or the bus officer to let them sit next to each other, Dager said, oh so you get to pick your own seat on the bus? he said NO, Dager said then why was HE allowed to pick where he sat? Sims said he did not know he was not the bus officer. now RD asks did you put X in contact with SN at some point? he said yes, he set up the call between SN and X. RD said how many calls did he get from SN? Sims said a few. the rest was just stuff that was not important so I will not put it here.

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  3. We are told to go to lunch and be back at 1:30pm
    We go to have lunch and we are under the Impression that X is there and going to be on the stand because somewhere in the testimony we hear about X "you can ask HIM that question yourself" I don't remember what question it was!
    We go back and the Judge asks everyone in the front rows to move back 2 rows....they bring out Mr.X... He is in chains so tight that his hands look deformed in front of chest....he is wearing glasses and does not look as evil as he did the first time we saw him..I think he knows that we are the bloggers because he looks right at us and SMILES a broad smile..plus no one else was really there in the gallery. JZ tells him his is wit X today...Kelly starts, how did you meet Ms.Barker? he said he "conversated" with her on the bus ride to court, she was in the CAGE next to his cage. He said that she started talking about her case and he thought she was Innocent at first.

    Kelly asks how did you come to talk to with Det. Nava, he said he no longer believed her story of what happened because she told him so many different stories of what happened on every bus ride and he wanted justice for a dead child so no matter how much drama he had to go through it was the RIGHT THING TO DO. Cromer asks if he works for the Government in any official way? NO was his answer, Are you a Agent for the Government? again NO. did you get any special deals for your testimony against Ms. Barker? again No I didn't , I did not ask for anything in return. there were some other questions but not Important ones...so Dager is on cross....WIT X how did you come in contact with Det. Nava? I had been talking with SB and she loves to talk about her case, I started not believing her story and asked to talk to the Det's on her case.

    So you talked to Nava and told her that you had Information and wanted to get more out of SB? Yes. what did SN say during your phone call? she was not interested in this info, that she would contact the DA and ask if they needed what he knew or could get from her.

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  4. We go to have lunch and we are under the Impression that X is there and going to be on the stand because somewhere in the testimony we hear about X "you can ask HIM that question yourself" I don't remember what question it was!
    We go back and the Judge asks everyone in the front rows to move back 2 rows....they bring out Mr.X... He is in chains so tight that his hands look deformed in front of chest....he is wearing glasses and does not look as evil as he did the first time we saw him..I think he knows that we are the bloggers because he looks right at us and SMILES a broad smile..plus no one else was really there in the gallery. JZ tells him his is wit X today...Kelly starts, how did you meet Ms.Barker? he said he "conversated" with her on the bus ride to court, she was in the CAGE next to his cage. He said that she started talking about her case and he thought she was Innocent at first.

    Kelly asks how did you come to talk to with Det. Nava, he said he no longer believed her story of what happened because she told him so many different stories of what happened on every bus ride and he wanted justice for a dead child so no matter how much drama he had to go through it was the RIGHT THING TO DO. Cromer asks if he works for the Government in any official way? NO was his answer, Are you a Agent for the Government? again NO. did you get any special deals for your testimony against Ms. Barker? again No I didn't , I did not ask for anything in return. there were some other questions but not Important ones...so Dager is on cross....WIT X how did you come in contact with Det. Nava? I had been talking with SB and she loves to talk about her case, I started not believing her story and asked to talk to the Det's on her case.

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  5. So you talked to Nava and told her that you had Information and wanted to get more out of SB? Yes. what did SN say during your phone call? she was not interested in this info, that she would contact the DA and ask if they needed what he knew or could get from her.

    He asked some dumb questions and ES as well others looked dumfounded so Judge Z asked the question another way and ES without missing a beat, said OH, ok and answered the question then shook his head and said "this guy is making me dizzy" LOL....Judge Z asked if he wanted some water and he said yes please.

    Dager started about how he got next to SB on the bus, he said because I asked and you know they know I don't see girls that often so it was nice.

    Dager, why did you want to get Information from Ms. Barker? because like I said at first, I started to think she was guilty and if she was I wanted her to spend the rest of her life in jail! Dager,why were you in love with her?....OBJECTION...X answered anyway laughing and said NO WAY. Dager then why did you want her in jail for life? X said because I thought it was the right and moral thing to do for this child, I am against abuse and murder of women and children. Dager kinda smirked like sure buddy...

    So you get what you want huh? he said no. Dager asks if the Bus driver knows he is trying to get info from SB he said yes. Oh so that is why you got the seating....

    Asked how long he has been in the system, X said, since 1993, How long was your first stint in prison...about 4 years, and the second time? about 5 years, I don't know something like that. Dager, so you know the system and know how to work it...Kelly Objects..argumentitive...sustained..

    How many times have you been to court here? he say's a lot. Dager said so you have a friend in lock up that can do things for you? he said I have no friend here, I think all the officers don't really like me. Dager said what about so and so, a lock up officer at the court that is a woman, you say on tape to SB that you can get special treatment from her... X said what like extra lunch or what kind of special things??? Dager said sure, X said no, nothing special, I eat a peanut butter and Jelly sandwich and a apple just like everyone else!

    Dager, do you know what a SNITCH IS? he said sure, Kelly spoke up and said "DEFINE Snitch" I am sure Mr.Dager can.

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  6. He then asks X are you a jailhouse Informant and have you testified as an informant in other cases? X said I testified in one other case. Dager said did you get anything special for that testimony? he said no. Dager said what about the apartment and money? he said Oh, well I was in the witness protection program that is why...so you gave Information on the MEXICAN MAFIA? no, I gave Information on the gang I was in that was part of the MM, Dager what kind of Gang was that? It was a local street gang here that I was trying to get out from under....(I know what gang it was but will not put it here, I think he still needs the protection, he might have a GREEN light on him and that is why so many LE around him and he is a HIGH POWER inmate).

    Dager asks about Agent status, No I am not a Agent, Dager, then why on the tape do you say do I get a badge? and one of the officers say ok you will get a badge? X laughed and said that was a joke....Dager, who suggested you wear a wire, X said he did. Dager said who wired you? he said it is not really a wire it is a tape recorder and it is was in my pocket. Dager, did they tell you how to question her? X said the only thing they told me was to let her talk, do not question her about her case just let her do the talking and if she goes on to other things just guide her back to her case.

    Dager, So they told you what to ask her? NO, They me NOT to question her, just let her talk, she does talk a lot.. Dager, who wrote who first? X said she wrote me first.

    Asked about his other case he said his first trial hung and when it was going to go to trial again he was offered 10 years...Dager asks how does a 25 to life 3rd strike felony get a deal for 10 years....he said he was offered that and it was sweet so he took it.

    there is more and when I remember it I will put it down here. X did not give Dager an INCH...he stood his ground, he knows his way around the court as he said!

    long story short, Dager wants to know if the DA gave him a sweet deal in the other matter because he was working SB for them...

    Det S Nava is next on the stand, Dager asks her most of the same questions about the wire, the bus how many times was X on the bus when he had no hearing (6 to 8 times)...she was on only a short time...

    They called Ted Swanson he was the DA on X's other case, he was asked by Dager if he had given X any reward for ratting on SB? he said no he did not. he did not know what or who X had Info on at the time, he was working X's case from the file...when asked if Swanson boss knew that X was working with LE and DA, he said he might have but he couldn't be sure...

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  7. Dager now wants to talk to X's PD on the other case the DA's boss and he also wants to revisit the motions he talked about before. COV, Media, and what ever else he thought of.

    that will all be done on the 24th....

    If I think of more I will be back...take care T

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  8. kat. I sent you the whole story because some of it came up wrong and it won't let me put the whole thing in one comment so could you please fix it for me...thanks girl!

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