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Stacey Barker Defense Asks For Change Of Venue
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by katfish | January 17, 2010 at 12:41 pm
1400 views | 5 Recommendations | 27 comments
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 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.
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katfish
Knoxville, Illinois, United States
Most RecentMost Recommended Comments (27)
at 14:30 on January 17th, 2010
Absolutely beautiful article! Mine was just on the 3 hearings over the month with the only settlement being long johns for the perp, as I hadn't gotten this new info either. at the time.
I had no trouble posting the Shaniya piece a few days ago but this piece I wrote Thursday night absolutely blew the site to kingdom come, maybe the site was doing an update at the time or something. IDK... but my in progress work was a saved draft and it too went POOF!!
I was just attempting to get our Angel back on the site that was all.
This piece is absolutely beautiful. Bravo! I'll check you out at KFP too. Thank you my friend and thanks again for checking out the spot on Shaniya, when I started it I did a search here first to check for make sure no one else had put it up. When I was done 3 other people had updated their preliminary story from Nov! oh well you can't beat them all!!
at 15:14 on January 17th, 2010
Hey LCM,
I hope you are still posting the entry on the 3 hearings. I think the more stories out there the better, and I really fell off the bandwagon for a while there! Miss long johns ought to spend some time in IL...then she will know what cold is all about! LOL
I see that Trials and Tribulations posted my entry too....that will get a lot of exposure for the case.
I noticed the link for the booking info is broken. I think that is because it is to the actual page that is constantly updated. I put the link and instructions in a comment on KFP. :)
at 11:58 on January 18th, 2010
Kat,
This is a story that is written so good almost made me feel like I was there in court...LOL LOL
I can't wait for the 2/8 hearing...wanting to see if the COV is denied or not, that is ok if it is granted because we are in LA all the time.
I liked the link to Judge Zackey, although the picture there did not do him justice, he is far better looking in person then in that picture! I really like his Motto on there.
Quote:
I am fair, honest and ethical and have a passion for truth. I practice these skills every day, both as a criminal prosecutor and the father of four children. I have the ability to listen, to prioritize important information, and to follow the law to arrive at the just conclusion.
I feel that this is the way he is on the bench....fair, honest and ethical and sometimes funny as he**.
I liked the day he had told the witness sitting in front of us on another case, that they would have to come back the next day or two...one of the ladies must have said "fu**" because she was not happy to have to return...Judge Z asked her "did you want to say something" (he said it nice) she said NO your honor...He replied I just want you to know I that read lips too (still nice, with a smile) she said I'm sorry, I'm so sorry your honor...he just smiled, the court was laughing. she was so embarrased...he does seem to have a funny side.
Anyway, thanks for getting us back on here... ttyl T
at 17:34 on January 18th, 2010
Hey T,
Funny! Almost made you feel like you were there. HeHeHe The info you feed me is what takes me there my friend. If there is anything I need to change please let me know. I did do a bit of research for this entry, legal stuff and the experts....very interesting stuff although I can see where the Brady stuff would be confusing even for those who are trained in the law.
If any of you dumb, stupid, idiotic, moronic people who are attending court notice anything that should be added to this entry, please let me know. I think I want to be a moronic one....sounds like fun. Geesh! At any rate, I decided to take the high road writing the entry.
The comment section is a different matter Mr. Suffercation[sic]... sticks and stones.....you would think a man of your stayture[sic] would know better. For the record....noone is trying to turn anyone against your client. From what I gather reading around the web, her reputation precedes her. There are people who support Stacey too and they are entitled to their opinions. While I think it is up to an impartial (that's why there is voire dire) jury to decide if SB killed Emma or there was an awful accident, I am deeply offended by anyone who dumps a dead baby by the side of the road like trash. If any exculpatory evidence comes out at trial about your client this moronic blogger intends to report that as well. Now get ready.....I personally think you are trying to provide your client with a vigorous defense based on the motions you have filed to date and the people on your witness list. Some may refer to this as throwing everything against the wall to see what sticks, I prefer to think of it as earning your paycheck. Ok, rant done.
Back to our conversation T, I think Judge Zackey is cute even in that picture. Anyone with a sense of humor gets extra points on my hunko-meter too....and a good father....bump it up some more. Being fair, honest and ethical with a passion for truth, the ability to listen, to prioritize important information, and the ability to follow the law to arrive at the just conclusion.is not just icing on the hunkometer cupcake but makes him perfect for his job. Sign me up for the fanclub, hmmmm....wonder if he does laundry?
at 19:50 on January 18th, 2010
Kat ....
LMAO....I will ask him if he does housework if I ever get a chance to chat with him!
When I looked at the Bio on him at LOWV website I found that we grew up in the same areas of the San Fernando Valley although we did not go to the same schools I did attend schools near the one's he went to. I also wonder how old he is because he has a lot of legal experience under his belt and he looks so young....
I really did enjoy your Legal terms and explainations...I have a question, how do you site a case for the "Brady motion" portion if you have not even had a chance to read that case? that sounded really strange to me, that he would use the "Salazar" case to bring in the Brady motion.
Kat also I don't think Cormer said Dr. Ribe when she told on Dagger I think she said "he said the Dr. is full of shit" we know who he was talking about when she said it soooo.
BBB, sorry that the Salazar case got brought up in this case, I know how much it must hurt you to hear that. we are here for you and if you look at the case you see that all in all it didn't make much diffrence for Salazar in the end.
LC send me a lead to your story....nice to see ya back again.......did anyone send this link to TGT, Nurse, BBB and Syn?
Anyway kudos on the story again Kat, you are awesome my friend!
TTYS T
at 23:09 on January 18th, 2010
I fixed the story, thank you Tori.
I'm just speculating, but, I wonder if that doesn't happen more often than you would think that an attorney cites a case after just skimming or having a paralegal look at it.....what might be more unusual is the judge asking if he read it. At the link I posted it says the court only allowed one of the cases, I think Helms because it was the only one "material" to the Salazar case. That's what I meant when I said the Brady thing is confusing. It did say that the court didn't find Ribe's conclusions incompetent, there was a basis for his determination or change in his determination, just that the DA had kept the information from the defense and the DDA in Salazar....yep confusing.
I did send this link out to our group....I think I got everyone. :)
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The Only Tiffany Diamondat 09:34 on January 20th, 2010
Katfish, another job well done....I think it is wonderful that we are able to keep this story going, I know we are not the only ones who care for SWEET EMMA... We are after all EMMAS ANGELS.... I hope everyone is well, and enjoying the new year...I also hope like Toria said earlier, that there are no more innocent babies killed at the hands of there incubater ( taking from another sister ) or any one for that matter.....I hope the weather is good for all, we here inthe desert of the AV, have had rain, I LOVE IT.... Take care all...
at 13:49 on January 20th, 2010
Thanks Tiffany D : ) !
I'm glad you girls take the time for court and share with us what happens. I get hits on my blog from all over the world, there are MANY people who care about this case. I'm glad you are enjoying the rain in the AV. I wrote a little rhyme about the weather here in IL. (Yes, I'm bored. LOL)
Here in Illinois it's raining ice,
I have to say it's not very nice,
If you go outside, you slipslide away.
Next thing you know you're on your bootay.
So I'll stay inside, on the computer I'll play
and make the most of this awful day.
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The Only Tiffany Diamondat 18:51 on January 20th, 2010
Katfish
I like the rhyme, it is very cute......Iam aslo happy to attend the court dates, and I know that Nurse and Toria are as well....I just hope that more happens very soon....
at 22:00 on January 20th, 2010
Hi Kat!...wow your a poet and I didn't even know it!...lame I know, couldn't help myself lol..
Your article as always is brilliant...Topix is ok, but I prefer Now Public...I feel like we are all back home...Thanks again for keeping it going.
Has anyone heard from Syn?
Hello to you all...soooo glad we are back here.
at 06:43 on January 22nd, 2010
AN - TD - KF - Ta - BBB - Syn - Max - wherever you are!!
Aw kat... the writing wasn't enough ~ Now you're throwing your poetry at us too! I'll have to get back to you, I'm cold, tired and the lights went out at dinner time. I got nothing left! We are still under a blizzard and tornado watch - You would think if our government is going to start causing earthquakes and controlling the weather - they would order up some 72 degree's with a balmy breeze - not tornado's in So CA and blizzards in the desert! and a dozen or so earthquakes in Nebraska in the last month or so!!
Ta ~ I think Judge Z must be in his early 40's (maybe mid)
You know it was so interesting trying to decide what the PD was going to throw out there, or to borrow from that case in FL - who he was throwing under the bus... And there he just tossed the whole dang team! (Including the spectators!!)
Kat I believe you are right - anything stinking from your POV? (oops I mean sticking ;) The time sb was being questioned by LE - was caught on tape. So IMO if the tape plays back the way Det Nava came across in prelim -very professional - so what if she used force tactics on another suspect? How does that effect this case?
at 19:12 on January 24th, 2010
"I liked the day he had told the witness sitting in front of us on another case, that they would have to come back the next day or two...one of the ladies must have said "fu**" because she was not happy to have to return...Judge Z asked her "did you want to say something" (he said it nice) she said NO your honor...He replied I just want you to know I that read lips too (still nice, with a smile) she said I'm sorry, I'm so sorry your honor...he just smiled, the court was laughing. she was so embarrased...he does seem to have a funny side."
TA ~ I do luv me some Judge Z. He reminds me of my other fav, Judge SS in Orlando. Judge Zacky's response to to sb the day she was asked about the hearing date and she thought she thought she would be cute and replied she wasn't going anywhere or along that line just screamed to me that he does not find her amusing. (((HUGS))) to him!!
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. 6 MONTHS huh? What are all the professionals tied up with other projects for that long? It will take 6 months to train a professional to play Peek A Boo? Or what?
The only crime scene known to us at this time, is along side the FWY and Barker's auto. Interesting that this came up. "Way back when" I was discussing this with my daughter, saying "no way in heck" was this carried out while driving down the freeway - in rush hour - unless the traffic was at a complete stop. Which would have given any number of people a view into her car and whatever was going on there. I still don't buy it.
at 21:21 on January 25th, 2010
Hey LCMomma and the rest of "Emma's Angels", just stopping by to say hello. Glad to hear you like my little poem, LOL, boredom=katfish poetry, good and bored doesn't = good poetry. We could use some of that balmy breeze here in IL it is fricken cold! At least the ice is gone...just snow wind and 18 degrees. Everyone's weather is out of whack but ours, unfortunately this is normal here. Just a tip...in IL when a tornado hits we head for the most SW corner without glass....not sure that applies in Cali..
I think I can say lcmomma a lot stinks in this case but it's too early to tell if anything is going to stick yet.
Nurse I haven't heard from Syn at all. Haven't heard from badboobie in a while either. TD glad to hear at the other place your business is doing well.
at 23:15 on February 7th, 2010
Wow...I was anxious to finally read what I may have missed...I have been so busy and I assumed I would have lots to read here...I guess I haven't missed much...I hope you are all well...tomorrow is another court date...with my schedule being super crazy, I have decided to put it away/ignore it for a day...so I will be at court tomorrow...I wish you all well, ANurse.
at 20:22 on February 8th, 2010
Hi Nurse! Glad that business is going so well, of course you need to step away occassionally though. I can't think of a better distraction than "Justice for Emma" and a little girlfriend time after. I'm looking forward to hearing the details about today's hearing. Did ya all do lunch?
I have a hearing for Sheley tomorrow, one of his attorneys wants off the case and filed a motion. I put a couple blogs on katfishponders about Sheley (playing catchup) that I haven't posted here yet. Thought I'd wait to see what happens tomorrow.....that is as long as it isn't canceled because of snow.....forecasted 6-10" by tomorrow night. I have a 4-wheel drive but Sheley is housed a few hours away. With any luck he'll end up in a ditch. LOL
I look forward to hearing from you girls. :) ttys, kat
at 22:25 on February 9th, 2010
OK I'm dying to hear how court went! Anyone? LOL
at 11:19 on February 20th, 2010
From Tori regarding last hearing: We did go to the hearing but Judge Zacky was absent, a new judge in his place. Which we all know means Mr Daggar will want to reschedule.
ADA Kelly Cromer was in another courtroom; another aggravation for Mr Dagger who was complaining to the Judge that they could not find, so he used his famous line, "Let's trail it to another day!"*.The new date is 2/18 and again we will be there.
Craig the newspaper dude came up and started talking to us in the hall, about all the lies SB told. We were commenting to him on how if she was abducted there would have had to be 2 people one to drive her car and one to follow in order for her to be in her car still 25 miles from the park. Her lack of emotion at the Park n Ride when she was loaded in the ambulance and why BB and her brother were there before the cops when the cops testified he was there within 3 mins of the call.**
BB kept coming out trying to listen in on what Craig, ANurse and I were talking about...he is flriggen strange!
(TGTwin was home with sick kiddo's)
I will have more to tell you on the 18th.
* Mr Dagger is a "One trick pony." I'm not sure why they don't reschedule when they know Judge Z will not be in court. But I'm sure sb enjoys her field trips. I wish they would get this show on the road!
**"She told detectives that she awoke about 10:30 p.m., slumped over in the seat of her car at a Palmdale park-and-ride, and discovered Emma was missing. The mother's brother called authorities, and deputies were dispatched to the Avenue S Park-n-Ride."
at 13:14 on February 18th, 2010
Lcmom,
Craig was talking to us in the hall on that day but it was tammy and I who said that there would have to have been 2 people and all the lies she told in the beginning and her brother and BB being at the PnR before the LE..sorry, if it seemed like Craig was saying all that.
Craig was speaking on the other Trial of Jennings and a few other Murder trials that are here in the AV.
Kat CALL ME or e mail me a number to call you at...the one I have said it had been changed...I tried to call you this afternoon.....
Court is set for 3/8.. Dagger said that he expects the trial to be very soon.
It will stay in Judge Zackey's Court.
The Patho for SB is going to say that there are tests that Dr. Ribe failed to do on Emma that would change the manner and cause of death....He would not say what tests but Kelly kept probing...I swear I love that lady and her go get em attitude.
Dagger said " I forgot what tests he told me they were" he told the judge "the people can call him just like I did and he will tell them what he told me" I forgot what he said I didn't keep notes or write it down... Dagger did ask the judge to let him take his laptop into the jail, judge granted it but said it is up to the jail to allow it or not....he said that he had her case in his comp and wanted her to see the evidence....I think it might have something to do with the Jail Report and observation that the State gave to Dagger after the last court apperance.
SB didn't look like she was in a good mood when she came out, she had a mad face with everyone.
I know for a Fact that we are hated more now then ever before! we really need to be aware of our surroundings now....LOL
I am just waiting to see how we are greeted on 3/8.......
where is everyone? Kat you dug out of the snow yet?
Syn where are you???
BBB where are you????
Anyway more to come on the 8th.....ttys T
at 11:24 on February 20th, 2010
Hi T sorry I understood what I wrote was coming from you & nurse (LOL) But I did a poor job of wording my comments. I just fixed it, hope no one was confused! Sorry!
at 10:24 on February 19th, 2010
I'm here! I am checking in. I have been busy busy busy - tax season, new house, craziness going on. Anyway, I have been following but haven't posted. I hope everyone is well and I really wish I could go to a court date and put faces to the names - maybe after April 15th.
Dr. Ribe is professional and competent on the stand so I think he will convince the jury of his findings. I highly doubt he "forgot" to perform any tests, like Dagger forgetting what they were.
As for the Salazar case being brought up it is difficult but... it hasn't and won't change the fact that the POS is still in jail. I like to think that baby Adrianna has the last laugh, so to speak, because he is still trying to fight it and hasn't had anything change. I hope he is miserable everyday of his worthless life.
Ladies you are awesome! All children need advocates like you.
at 12:05 on February 20th, 2010
Hi BBB!
I've missed you! But I understand how crazy it can be! I had been working on the Ribe situation, there are some people who believe they are in high places who have been slandering him for years!
Did you see the comment from da judge to da pd? Where Dagger was asked if he had read the info on Ribe? Dagger said "No." I guess I would have been in trouble if I had been there in the flesh, for busting a gut laughing!
I went over from start to finish, the reports on Baby Adrianna (again) and still don't see why they granted 's' a new trial - except the changes Ribe had made in other cases. I even understand the changes, the diagnoses was new. Ribe did the right thing by giving the new information to the courts. He was a scape goat, for the whole DA/ME offices as best I have been able to tell. He was new, young and went with the flow, until he went back and gave new info to the courts. I'm just glad Baby Adrianna's 2nd jury saw the same as the first. 's' may he rot in jail and rot in hell for eternity.
Thank you for sharing with us so we were able to investigate this before it went public. (((HUGS)))
at 02:40 on February 20th, 2010
AAAAAAWWWWWWWWW BBB,
Thank you for your kind words...I will have to tell you in a e-mail WHY we are disliked (to put it nice) now more then ever before, to us it is funny!
I agree with you, The Salazar case did not change anything. I thinks he just keeps saying it for the Brady Motion part, I don't know what tests Ribe did not do on Emma that would have proven it was nothing more then a accident. I think that if it was accidental she would not have tried to cover it up the way she did...that proves YOU know you did something wrong and are trying to hide what you did. I don't know what is wrong with mothers now they have no attachment to the children they gave life, it is so common now with young mothers it is like a epidemic. my heart aches for these poor children.
Dagger wants that Ribe Box but yet he is in no hurry for it, at every court date he reminds everyone of the Box he wants yet he always says, we can take that up at the next court date. he has done this about 4 times now.
He did not want to say what the tests were in open court, but how do you "forget the test names" that will get your client off on one of the most Important case you have, A murder case! you don't! he is still playing games and I don't know how the Judge just overlooks some of his tactics and the things he blurts out in court.... like "he dosen't want to be like some LE who get up there and lie or make things up" OK...he is making things up as he goes. I give him credit for his effort in defending this case by trying to use every trick in the book to get SB out of a murder charge.
So you got the house huh...congratulations!
Kat it was good talking to you....hope things are well and you are staying warm.
Nurse and TD...I will see you in court on the 8Th.
Nurse, I do also enjoy our "us" time that we all share, have a laugh, talk about the things going on in our lives, about our families and about what is going on in this case. you are a sweetheart....our TGT is also a good hearted sweet girl....lil girlfriend is soooo cute...
Where in the heck are you SYN??? anyone talked to her lately? hope all is OK with her!
Talk to ya all soon...T
at 12:02 on February 20th, 2010
I hope everyone got their email that I sent out this AM (sorry I dosed off without sending it last night, like I was planning to) if anyone hasn't gotten it let me know I will resubmit.
the Judge just overlooks some of his tactics and the things he blurts out in court.... like "he dosen't want to be like some LE who get up there and lie or make things up" OK...he is making things up as he goes. I give him credit for his effort in defending this case...
He actually said that?? Wow! I agree, he is doing his job. But that should never ever include lies inside the court room!! Does he even know what he is getting in the Ribe Box??
So are we getting a report on the happenings of the 18th? Any news about what will happen on the 8th? I have a bunch of carp to do here, before going west I guess I better get on it, at this point I'm thinking mid March. and now that is almost here!
What was the decision on the blogger block?
Thanks! you ladies rock!! Can't wait to see you.
at 22:59 on February 20th, 2010
Hi all!
It is amazing how we are all so busy but manage to keep Emma going in our own ways. I hope you are all doing well.
So, I need to call Tori and TGT (miss diamond) tomorrow to clarify the following:
The AV Press is reporting that the next court date is March 1...per Craig C. (love him!) from the Fri Feb 19th edition (pg. 2) he is quoted as saying "she will return March 1 for another pretrial hearing"...I thought it was a week later.
So I will call you gals tomorrow unless you call me first!!!
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katfishponders (not verified)at 11:41 on February 21st, 2010
Hello Everyone, Yes, I do have another entry written (rough draft) for the hearing from the 18th. It was very nice talking to you T. I may still call again....I thought this entry would be too short to merit it's own entry , but what I have written the rough draft and may do a seperate entry. Of course I will let you all know. I think Dager knows that the Ribe box won't really apply to this case. He said in court he hadn't read Salazar yet even though he cited it in his Brady Motion....my guess is his assistant found it and told him it won a new trial. I think he would be ineffective counsel if he didn't get the Ribe box on the record, especially since he plans to claim Dr. Ribe didn't perform all the tests he could have. A big question that comes to mind is if he truely believes there are tests that can be done to prove it was an accident does he plan to have Emma exhumed, or is it too late? Anything to create reasonable doubt. :( Salazar was not given a new trial because of Dr. Ribe's opinion, the court states that in their ruling, if I read that correctly. He was given a new case because the state intentionally withheld evidence (Ribe box) not just from the defense but the prosecutor assigned to the case. The basis for overturning Salazar was that the defense could have used Ribe's prior record to impeach his credibility. The court found that Dr. Ribe's conclusions were supported by other evidence in Salazar... it seems Salazar is the wrong case to cite in his motion. probably why cutie patootie Zackey asked if he even read it yet, DOH! BBB, I'm glad to hear you are just busy. Real life happens, sometimes that's good and sometimes not...as in Syn's case. LCM, Thank you for the update on SYN. I'll send her a note. I want to follow up on the cases you are reporting here too....I need to finish this entry and an entry from Sheley's hearing on the 19th before I can though.I'll comment further at those entries other than sorry they are so close to you. Nurse, will you let us know if you find the correct date for the next hearing. I'll check the booking report and see if it has been updated. Nurse. TGT, and T, I'm glad you are able to meet in person and discuss this case and your lives.....yep I'm jealous....but in a good way. It just started snowing, forecasted 4-6" from this storm. Not too bad but we have a lot of snow on the ground from the last big one (at least the roads were cleared though) and no ice!!!! TTYS kat
at 12:41 on February 21st, 2010
I checked booking records and the next court date listed is March 8 at 8:30 am.
at 18:31 on February 21st, 2010
Ok, here is a link to the new entry:
http://my.nowpublic.com/culture/stacey-barker-change-venue-denied
Please let me know if you see any corrections or additions that are needed. :)