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