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

Stacey Barker- Change Of Venue Motion Denied

Los Angeles Superior Court in Lancaster CA










Thanks to our friends, Toria, the good twin, and anurse, who took time out to attend another pretrial hearing in the case of California vs. Stacey M. Barker and update us on what happened in court.


February 18, was a busy day at the Antelope Valley (AV) Municipal Courthouse in Lancaster, CA. Three busloads of prisoners were brought over from the Century Regional Detention Facility in Lynwood. (That’s a 90 mile drive.) The head count was short one prisoner, so nothing could begin until all of the prisoners were accounted for.


It was about an hour and a half before Stacey Barker was brought into the courtroom. Barker didn’t look very happy, her hair was down and disheveled and she had a mad face for everyone.


Superior Court Judge Hayden Zackey presided over this hearing. Deputy District Attorney (DDA) S. Kelly Cromer is representing the people and Stacey Barker is being represented by Public Defender (PD) Roberto F. Dager.
　
The hearing only lasted 20 minutes. Evidently some of the motions that were filed at the hearing on January 14 were dealt with during the in camera hearing held on January 28. There was no mention of the Pitchess Motion so that information must have been turned over in camera.


The Motion for Change of Venue was denied. Judge Zackey said that he will keep the case in his court. Judge Zackey must have issued his order denying the motion earlier because PD Dager already seemed aware of the court’s ruling and added he expects the this case will go to trial soon. (no date set yet that we know of)


There was some discussion about discovery. At the January 14 hearing, the defense filed a motion for some discovery. The defense wanted a video made by the Field Investigation Service Unit (FISU) of the crime scene and also wanted raw notes or a written report from the FISU employees who made the video. It was determined during that hearing there are no raw notes or written report, but the state must have turned the video over.


We didn't hear what (if any) motions were filed by either party today, but wonder if the state filed a Discovery Motion for reports from expert witnesses. PD Dager told the court that Dr. Harry Bonnell, a Forensic Pathologist will testify there are tests that Dr. Ribe failed to perform on Emma that would change the cause and manner of death. DDA S. Kelly Cromer asked Dager what tests weren’t performed? Dager said. “I forget what tests he told me they were.” Cromer continued to press for details about Dr. Bonnell’s testimony until Dager told the Judge, I forget what he said, I didn’t keep notes or write it down. Dager continued, The people can call him just like I did and he will tell her like he told me. I don't want to be like some LE who get up there and lie or make things up ( I think it is safe to say there is NO love loss between the parties here or at the very least they are both passionate about their opposing roles. LOL)



PD Dager informed the court he still doesn’t have the “Ribe Box” that was requested in his Brady Motion filed on January 14. (I don’t have the state’s response to this statement things can move fast in court )PD Dager also told DDA Cromer he wants the raw notes from the coroner’s investigator. Cromer responded that any notes would be included on the Coroner’s report and the defense has that. Dager said no, he wants the raw notes. Cromer said she doesn’t know if there were any.



Mr. Dager asked Judge Zackey for permission to take his laptop into the jail. He said he has the Barker case on his laptop and he has evidence that he wants his client to see. The Judge said he didn’t mind if the defense took the laptop into the jail; however, it really isn’t up to the court ,it’s up to the jail administrator. ( The only new evidence that we know of is the observation report from the jail that Cromer said she would turn over to Dager. Phone calls/ video ???)


Hopefully all of these loose ends will be taken care of by the next scheduled hearing on March 8 so that a trial date can be set. Stay tuned.


March 19 will mark the one year anniversary that Stacey Barker led police to her baby's body, that she admits she dumped on the side of the freeway after Emma died the day before. The question of Emma's death being a murder (as the state contends) or accident (as Barker claims)is for the jury to decide. Barker remains held on a 1 million dollar bond. If convicted on the murder charge, Barker faces a maximum of 25 years to life in prison. Sphere: Related Content

Stacey Barker Defense Asks For Change Of Venue- UPDATED 2/10/10

UPDATE 2/10- added to bottom of this entry

On January 14 there was another pretrial hearing in the case of California vs. Stacey M. Barker at the Antelope Valley (AV) Municipal Courthouse in Lancaster, CA.

Stacey Barker is a 25 year old woman from Lancaster, CA accused of suffocating her 18 month old daughter, Emma Leigh Barker, to death on March 18, 2009. On April 27 Barker was arrested and the charges filed against the young mother include murder, assault on a child causing death and child abuse. The complaint alleges that Barker willfully caused and permitted the child to be injured and harmed and that injury resulted in death. Booking details. Barker formally entered a not guilty plea to all counts on August 12, 2009.

As noted in earlier posts on katfishponders about this case, friends of katfishponders are attending the hearings in this case. The information provided here is compiled from various posts and e-mail correspondence about the hearing details so this report is not verbatim and may not be reported in the exact order that it was in court.

Superior Court Judge Hayden Zackey presided over this hearing. Deputy District Attorney (DDA)S. Kelly Cromer is representing the people and Stacey Barker is being represented by Public Defender (PD) Roberto F. Dager.

The defense filed several motions that were addressed in court today. (We are trying to get copies of the motions.) They were a Change of Venue motion, a Discovery motion, a Pitchess motion and a Brady motion.

The first motion addressed was a defense request for a Change of Venue. PD Dager told the court the case has received so much attention in the AV that it is tainting the jury pool (jerking his thumb back towards the camera and reporter from Time Warner, a local cable company, that are in court filming today‘s proceedings, as if to make his point). Mr. Dager said the local newspaper has ran 15-16 stories on the case and added there are internet blogs that are reporting on this case. He said,” 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.” ( Dager reportedly tipped his head in direction of “our friends” as he said this....whatever.)

Judge Zackey cited some case law that we were not able to get down (sorry) and said there are 5 points to consider before a Change of Venue could be granted or denied. Although the judge didn’t make a ruling he did address the 5 points in relation to this case:
1. Nature and Gravity of the Crime.
A child being killed is not a cause for Change of Venue. This court has heard other cases of children being killed.
2. Nature and gravity of news coverage.
The news media was at a peak for a while, acknowledging there was even national coverage for a time, such as CNN, Nancy Grace, and other major news outlets, that coverage was almost a year ago and has died down.
3. Size of the community.
You ( defense) have only included Lancaster and Palmdale in your argument that the jury pool is only about a thousand people. The jury pool extends as far as Santa Clarita and outlying areas, there are many more potential jurors in our AV jury pool. (Antelope Valley is part of Los Angeles County)
4. Status of family in the community.
The Barker family is not well known in the community aside from their own circle of friends and family.
5. Prominence and popularity of the victim in the community.
The victim is a child of a very young age and jurors in any community will have sympathy for a small child that has been killed whether it be in LA, the AV, or any other community in the land. It should be noted that Dager interrupted and said, ”found dead”. The judge corrected himself and said, “found dead”.

Judge Zackey did say that if the motion for Change of Venue is denied, he would like to keep the case in his court. “Our friends” say that Dager did seem pleased that Judge Zackey would keep the case if his motion was denied, but told the court 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 court if COV was denied!
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.

(Katfish here…. Public scrutiny of a criminal trial enhances the quality and safeguards the integrity of the fact finding process, with benefits to both the defendant and the society as a whole... .. permitting the public to participate in and serve as a check upon the judicial process is an essential component in our structure of self-government. The right of the public and the press to attend and observe judicial proceedings is constitutionally rooted in the First Amendment. I think Mr. Dager is well aware that the First Amendment prohibits the court from blocking the public and the media…intimidation tactics, IMO.)

The Discovery motion requests a video made by J. Collins and E. Edmonds of the Field Investigation Service Unit (FISU). PD Dager said they (the FISU) had done a measurement of the crime scene and in doing so had used Detective Nava as Stacey Barker. Dager contends that Nava and Barker are not of the same stature so if the video comes in as evidence he will need to get a professional that is the same stature as Barker to do the measurements again which could delay the proceedings at least 6 months, adding he did not want that delay. (???? It is not clear to katfishponders what crime scene the defense is referring to, the Lancaster City Park where Barker first claimed that Emma was abducted and she was attacked as she put Emma in the car or the location where Emma’s body was found.) Dager also said he wants the reports and raw notes from Collins and Edmonds. DDA S. Kelly Cromer told the court she has no written reports or raw notes from Collins and Edmonds because the notes and report weren’t necessary since Barker led them to the baby’s body. Judge Zackey told the defense if there are no written reports or raw notes he can't make the DA give you what they don't have, adding he won’t have them (Collins and Edmonds) write a report for the DA just to give it to you.

The next motion addressed is the Pitchess motion. In the Pitchess motion the defense is requesting the personnel files of Los Angeles County Sheriff's Department Detective Sandra Nava and a Detective (?) McCarthy. The defense would like to know if they have ever been accused of ‘coercive tactics” in the past in order to elicit a confession. Detective Nava testified during the Preliminary Hearing that Barker made some very incriminating statements to police....I guess we can see where the defense is going regarding those statements.

(Pitchess is the partial name of a California court case that established a criminal defendant's right to information about a police officer's misconduct or dishonesty when the defendant alleges in a declaration that the officer used excessive force or lied about the events surrounding the defendant's arrest.)

There was a Attorney for the Sheriff's Department present (didn’t catch her last name, her first name is Trina), she was not called to speak but was told to be back on the 28th for a hearing that will be held in Judges chambers (in camera). When the Pitchess motion is granted, the court examines the records in camera with only the custodian of records present.

The last motion from the defense is a Brady motion. (A Brady motion is a defendant's request for evidence concerning a material witness which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness.)

In this Brady motion the defense is requesting what is known as the Ribe box. The motion cites case law from “California v Salazar”.Judge Zackey asks the public defender if he had reviewed the Salazar case. When Dager answered no, the Judge told Dager he really should review the case. Salazar did involve Los Angeles County Deputy Coroner James K. Ribe who performed the autopsy on Emma Barker.

The relationship between the Pitchess and Brady motions are explained at this link. There is also information at the link about the Ribe box and the Salazar case. A state appellate court overturned the murder conviction of Salazar for killing an infant girl in 1996, ruling that the L.A. County District Attorney’s Office deliberately concealed from the defense the Ribe box (information about prior cases when forensic pathologist Dr. James Ribe had given inconsistent testimony and/or had changed opinions regarding time of death and/or cause of death.).

DDA Cormer tells the court that the state wants some discovery from the defense as well, a video and 2 photo albums. PD Dager says that he will have them for her on the next court date...Cormer spoke up and said "Judge if it were the PD asking for this you would have made me make it available to them in 3 days time". Evidently Judge Zackey agrees, he tells Dager it doesn’t take long to burn a DVD, and asks when could he have it to Cormer? Dagger said by the end of the day. Judge adds that it does take some time to copy 2 photo albums of color pictures... then Cormer tells the court if the defense gives her the photo albums she will copy them herself and give them back today. All 3 said OK to that.

DDA Cormer next tells the court that there are 2 witnesses on the defense list that the state feels the public defender has not diligently tried to find and she does not want them to show up on the eve of trial, adding she wants to know what they will be saying on the stand well before they are called on. Dagger said, “then have the DA'S office try to find them I have tried and cannot find them“. Judge Z said if they do appear on eve of trial we will deal with it at that time.

Although the 2 missing witnesses from the defense witness list are not named, Judge Zackey does ask about some of the other names on the list. Zackey asks Dager about Mindy Mechanic, Dager tells the court she is a Ph.D. and Zackey adds something about her testifying about PTSD (Post Traumatic Stress Disorder). There is also a Dr. Leo that is a expert on "False confessions", and a Dr. Harry Bonnell, a Forensic Pathologist who will dispute Dr. Ribe's findings.

Cormer speaks up, "Judge, he told me the doctor is full of shit". Dager looked stunned and said " I did not say shit" (they were like little kids telling on each other, Uh huh, Naw ah, back and forth) until Judge Zackey finally said, "the word SHIT will not be used in my courtroom" that was so funny everyone laughed.

With that settled, Judge Zackey asks Stacey if she wants to attend the in camera meeting on January 28 in his chambers. She said, ”no”. The next pretrial hearing will be on February 8.

UPDATE: Here is a note I received from Tori about the February 8 hearing -
We did go to the court but Judge Zackey was gone so another judge was hearing his cases, you know what that means....Dagger won't have it, they postponed it until Zackey can hear it!
Kelly Cromer was in another courtroom doing something and Dagger kept complaining to the judge that they could not find her.....finally, he said his famous line..... lets trail it to another day. The new date is 2/18 and we will be there. Sphere: Related Content