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Stacey Barker Wants To Make A Deal
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by katfish | December 7, 2010 at 06:36 pm
1955 views | 10 Recommendations | 75 comments
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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 playing 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 to trial? 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 both 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.
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katfish
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Most RecentMost Recommended Comments (75)
at 19:40 on December 7th, 2010
Great job, Kat! The falling snowflakes are fantastic :)
at 20:20 on December 7th, 2010
Thanks CoWorker! I'm bummed the snowflakes aren't falling over at 'my pond'. Must be a problem with Google it's the same GIF picture as I have here.
I need to take a break from the computer....I keep thinking of stuff in the case in terms of a snowstorm, LOL, For instance, ' This case is really snowballing for Stacey Barker' Maybe that should have been the title.
at 21:55 on December 7th, 2010
LOL Great Job Kat,
IF they did offer 20 with time served that would mean with good time she could be out in 8.5 years (half time for being good plus the time in county)...she would be 33 or 34, still within the time for having a healthy baby without having a hard time...9 years would be a Insult to Emma.
I sure hope Kelly won't go for a offer like that.....I hope she pushes for the 273 (ab) 25 to life, that means she would have to do the straight 25 (no good time) before she would be eligable for parole (from what I have been told ,I will look it up later)..50 is still young enough to have a child but it would be harder to concieve and chances of a normal child are very low.
Why would Dager think 2 strikes is a bonus?? SB has never been in trouble with the law, so what makes anyone think she would get in a 3RD strike situation after she gets out of Prison? I wonder if you can get a 3RD strike while in Prison?
You are correct Kat, Dager has done and said some funny things so far, but he is doing his job well and I have never had anything against him even when he has had said things about us and at times sneered at us, I commend him for trying to tackle all the defenses he might be able to use.
I have the utmost respect for Judge Zacky, DDA Kelly Cromer, Det. Sandra Nava and the other LE that have had to see and hear the most horriable things that anyone could, concerning a poor baby's life that had been cut short at the hands of the parent.
While we cannot pick what the outcome of the sentence will be, I know that many people will be very unhappy if she does less then 25 straight years. what do you all think?
anyway girls looking foreward to hearing what you all have to say about this...T
at 06:19 on December 12th, 2010
Hi Tori!
With the CA 3 Strikes Law - he is giving her two - strikes, thereby saying "If she's ever convicted of committing another felony she automatically gets LIFE W/O PAROLE - no questions asked!"
What he's really saying is 'She doesn't deserve LIFE THIS TIME, if she screws up again, then she deserves life - but I'm betting she won't screw up again' -
I'm not buying it for a second!! Emma's life is worth more!!
25 to LIFE - 25 before any parole!!
at 22:33 on December 7th, 2010
Personally, I would be outraged if she spent any less than 25 years in prison for this atrocious crime. In fact, I would prefer to see her serve a life term because sweet baby Emma had her whole life ahead of her - she could have lived to be 80+ years old and Stacey decided that it was within her power to take that away. The thought of Stacey only having to serve 8 or so years for what she did is absolutely disgusting. This despicable woman should never be allowed to reproduce again and I hope that our justice system will keep her behind bars long enough for her ovaries to retire! This beautiful little baby lost an entire lifetime and it would be such an injustice for her murderer not to spend the rest of her life, or a least a significant portion of it, in prison atoning for the heinous crime she committed. We want justice for this little girl and I hope that justice will be served by means of a guilty verdict and a long prison sentence!
at 18:08 on December 18th, 2010
Excellent post Kat! You're welcome and I never found anything in CA worth discussing re ineffective council - not that it would apply IMO even if it pertained.
I was surprised to read that roughly 90% of criminal cases in the United States are settled by plea bargain rather than by a jury trial - I guess most of those are the ones we don't hear about!
Evidently in CA everyone concerned makes sure the defendant is competent and in full understanding of their rights and what they are giving up when they present a plea.
25 to life, with 25 straight time minimum! After 25, let the Parole Board decide if she is in fact rehabilitated and sorry for what she has done!
at 08:44 on December 8th, 2010
25 straight time seems to be the golden number. 25 to life is the minimum sentence for the assault charge alone so if there is a deal made I would want to see that be the minimum time served. I prefer this go to trial so that the truth comes out leaving no room for excuses .
at 09:08 on December 8th, 2010
Hey GF If you're going to FL make sure to pack your warm clothes and hard hat!!!
[url]http://www.youtube.com/watch?v=3EFUxzGqQE0[/url]
(((HUGS)))
at 09:52 on December 8th, 2010
hahahaha! I think we'll be safe....Tampa's a little further north. I hear the palmetto bugs are nasty though. Hopefully they won't be falling from the trees :)
http://www.youtube.com/watch?v=Npi7zlTZyv0
at 11:39 on December 8th, 2010
MY FAVORITE ROACH CLIPS!! OMG!!
WHO HAS FAVORITE ROACH CLIPS!?! AHHGGGG!!!
LOL!! OK I know, <<interesting people>> have favorite roach clips (incl my DD's F-I-L) yep the one whose DH is a cop and whose uncle (my DB) is DEA! Yup I know, go figure!
I want a can of that stuff - the next time I come across something nasty - I won't have to get so close to kill it!!
We were camping with friends when my kids were little - sitting around the camp fire - when one of the biggest dang flying roaches I have ever seen (5 or 6 inches easy), landed in my GF's really long hair and disappeared!! - I swear that would have been the day my waist length hair went into the trash!! UGH!! (She wore a braid for the rest of the trip!)
at 13:17 on December 8th, 2010
Girl.....get your mind out of the reefer closet.....favorite "roach clips" refers to favorite video clips of roaches hahahahahahahahah
at 14:32 on December 8th, 2010
I have been following this story since the amber alert was called - Barker has displayed no sadness or even any interest in her daughter's death and she admitted to leaving her baby tossed on the side of the road like TRASH after she SUFFERCATED her - She was seen out partying at a local club just days after the funeral! I guess she figured no baby no need to sit home anymore! I guess she also forgot what a small town she lives in, but I have a word or two for her! No one in the AV has forgotten what she did to Emma! She should be getting a needle! Too bad the DA isn't asking for the Death Penalty!She does not deserve any latitude, her offer to plea bargain now is only to spare herself what will be revealed in a trial! Has anyone asked the baby daddy what she deserves? I know what he thinks because I did ask him... He wants her locked up in some hell hole forever - Barker destroyed her family by her selfish bitch actions - GIVE HER LIFE WITHOUT PAROLE - after she stole the life breath out of her daughter it is better than she deserves!
at 09:58 on December 9th, 2010
D2BK,
Thanks for sharing your and Emma's father's opinion ! Please give Anthony our best, he is in our prayers.
at 14:46 on December 8th, 2010
Woh! Thanks Kat I thought I was lost in the 70's there for a minute!
at 16:05 on December 8th, 2010
hehe
at 15:17 on December 8th, 2010
Hey Ladies,
Are the hearings open to public? If so, I am going to try to attend the next one.
at 16:15 on December 8th, 2010
Yes Co-Worker, most criminal proceedings are open to the public. Motions filed by both parties and judges orders are available to the public from the circuit clerk under the Freedom of Information Act, usually for the price of the copy. Tori gets minutes from the court too. She or one of the others who attend the hearings can fill you in on logistics.
at 18:13 on December 8th, 2010
Hi Co-Worker , the hearings are in the AM, if it goes to trial it will be in the PM (afternoon) - get to the courthouse between 8 & 830 (there is a line and screening).
There will be a sheet on the wall, just past the screening area IIRC (I missed it and got the courtroom # from the DA's office) Judge Hayden Zackey is presiding...
I believe they start at 9, that doesn't mean her case will be called first - but we just waited in the courtroom, her case was called 3rd or 4th the day I was there. The family sits right behind the defense bench and we sit in the back on the prosecution side.
at 18:26 on December 8th, 2010
No deals! So sick of deals and good time and time served and all the crap that takes the truth out of sentencing. No deals.
at 21:38 on December 9th, 2010
Hi Girls,
Yes CW open to public, court opens at 8a.m. starts about 8:30 she is in Judge Zacky's court room A17 4TH floor.
D2BK, I know at one time I was told that the DDA was keeping Anthony informed of all the things going on but did they ever ask him if he would also agree to a deal for her? I would think he has a say in it.
Kat I hear it is 13 there are and DH staying warm?
Tiff wheeeerrrreee are you? is everything ok? I tried to call you the other day a few times call me when you get the chance ok
ttya later T
at 09:58 on December 10th, 2010
Hey T!
We are freezing, but warm with the knowledge that a week from today, at the time of SB's next hearing, we will be on a plane headed for Tampa where the forecast is is Sunny and 76 degrees :)
I'm taking my netbook, so I'll be looking for your update on the hearing. I'm going to try and attend Casey Anthonys hearing on the 20th......touristy stuff....katfish style.
As for the state consulting Anthony, it's my understanding that although most prosecuters consult with family members before making a deal, it is the state who decides. For instance, I've seen the state seek the death penalty against the wishes of the victim's family.
Hope all is well for all of my desert dwelling pals!
at 22:58 on December 9th, 2010
No deal. For the sake of beautiful innocent little Emma who was truly loved by everyone except her own mother. It was not an accident which caused poor little Emma to SUFFER as she was being suffocated by her momster. Little Emma never got a chance to grow up. Little Emma was murdered by her own mother, and tossed away as if she was trash. Little Emma was not trash, but her mother was TRASH. Please charge the monster who killed little Emma with premeditated murder and child abuse, and whatever else can be given a name and a criminal code.. Lock her up and keep her in prison for the maximum penalty allowed, and oplease do not give this monster parole or credit for time served. What nerve to ask for pity from the court. Stacy Barker is a murderer. Plain and simple. A murderer of a small helpless babe. No deal, no way.
at 00:37 on December 10th, 2010
No deal! Frankly, I think the world and her family needs to see the trial to fully understand what SB really did. No BS games. I think the truth needs to see light and not be hidden away in a plea deal. SB needs to do a minimum of 25 years - no early parole, no good time, nothing. I'm sick of these people getting out of fully paying for their crimes by getting plea deals. Let's see a trial here!
at 01:25 on December 10th, 2010
keep her from ever being able to do this to another child keep her untill she can't make babies anymore she gave up that right when she killed her baby and discarded her like rubbish sympathy and half time sentances for these cold blooded killers make me ill.
at 09:29 on December 10th, 2010
Hi Girls,
Wow is all I can say, I know everyone wants her to stay in Jail the rest of her natural life but on the real she won't.
True life in prison is saved for Serial Murderes sometimes not even then, I don't know why we have sentences that say LIFE yet mean only 20-50 years.
I think she needs help to understand what she did, what that really means, take Responsibility for what she did and grow a Conscience so she can TRULY understand what she took away from everyone....maybe they will give her therapy while she is there, I don't know if that will help with "spoiled brat syndrome"
Many of us want to see it go to trial but LC brought up a good point, If one, just one person on that Jury feels sorry for her it could end in a mistrial but we all know you can try a mistrial over again until you have all 12 people agree on what counts she is guilty of and I know Kelly would take it back to trial over and over again if that happened, she is a Pit Bull (good way) and will not take her teeth out of SB until she is done with her!
Kat, are you in FL now? how is the weather? I hear it is in the 20's at night....BBBBRRRR! have a great time.
ttyl T
at 09:53 on December 10th, 2010
Well said!
T, be sure to see my reply to your last comment.......I made it about the same time you made this one :)
at 11:48 on December 10th, 2010
I don't think there is a big risk of a mistrial. She has backed herself into a pretty tight corner. I truly believe the evidence is more than strong enough to obtain a conviction. That is the only way she will see the amount of prison time that she should. I'm tired of deals. No more deals. Let her face the music in court and be shown for what she really is for all the world to see.
at 18:05 on December 10th, 2010
From your lips to Kelly Cromer's ear :)
at 15:48 on December 11th, 2010
Belinda we agree! I was just going over the possibilities.
I believe her changing stories to the LASD and whatever is on those tapes must be very damning - for PD Dager to change his course at this point, although I have felt all along there was not a snow balls chance in hades* that he would take this to trial!
We all (all who have been following this nightmare) want to see a trial - for all the reasons you have all listed. Being realistic, if the state decides to deal - we want her to get every minute behind bars that the state can give her - lock her up and throw away the key!!
*Kat, props to your comments!
at 11:07 on December 15th, 2010
Belinda, we are all certainly hoping that you are right. We are hoping that whatever evidence is brought to the table is enough to throw the deal out of the window. It seems to me that her PD is still trying to pull rabbits out of his hat, when in reality he doesn't have a leg to stand on. This may become even more apparent after the letters and conversations with ES are brought up. So let's just cross our fingers and hope for the best.
Happy Holidays, ladies!! How is everyone??