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STACY BARKER FOUND GUILTY ON THREE COUNTS!
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by katfish | May 24, 2011 at 04:13 pm
6402 views | 16 Recommendations | 141 comments
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1ST - DEGREE MURDER!!!!!!
ASSAULT ON A CHILD CAUSING GREAT BODILY INJURY OR DEATH!!!!
CHILD ABUSE ON CHILD UNDER 8 YEARS OF AGE!!!Sentencing for Barker will take place on June 17, 2011Here is a list of possible penalties from the California penal code:
California - First-degree Murder Title 8, Ch. 1, Sec. 187; 188-190
PENAL CODE
SECTION 187-199
187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.
188. Such malice may be express or implied. It is express when
there is manifested a deliberate intention unlawfully to take away
the life of a fellow creature. It is implied, when no considerable
provocation appears, or when the circumstances attending the killing
show an abandoned and malignant heart.
When it is shown that the killing resulted from the intentional
doing of an act with express or implied malice as defined above, no
other mental state need be shown to establish the mental state of
malice aforethought. Neither an awareness of the obligation to act
within the general body of laws regulating society nor acting despite
such awareness is included within the definition of malice.
189. All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree. All other
kinds of murders are of the second degree.
As used in this section, "destructive device" means any
destructive device as defined in Section 12301, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
As used in this section, "weapon of mass destruction" means any
item defined in Section 11417.
To prove the killing was "deliberate and premeditated," it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.
189.5. (a) Upon a trial for murder, the commission of the homicide
by the defendant being proved, the burden of proving circumstances of
mitigation, or that justify or excuse it, devolves upon the
defendant, unless the proof on the part of the prosecution tends to
show that the crime committed only amounts to manslaughter, or that
the defendant was justifiable or excusable.
(b) Nothing in this section shall apply to or affect any
proceeding under Section 190.3 or 190.4.
190. (a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility of parole, or imprisonment in the state prison for a
term of 25 years to life. Assault on a Child Causing Death 273ab. Any person who, having the care or custody of a child who is under eight years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child's death, shall be punished by imprisonment in the state prison for 25 years to life. Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 189.
Child Abuse 273a.(a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causesor permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child,willfully causes or permits the person or healthof that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered. A child abuse charge in CA is considered a "wobbler"(can be charged as a misdemeanor or felony depending on the facts in the case) if prosecutedas a misdemeanor shall be punished by imprisonment in a county jail not exceeding one year and a $6000 fine, if prosecutedas a felony and there is a conviction thepenalty is in the state prison fortwo, four, or six years.
Last but not least another great big thanks to Tori, Ange, Gabe, Tiff, Anurse, and LCM for taking time from your busy lives to attend these hearings the last 2 years and this 3 week trial! You are Emma's Angels!
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Most RecentMost Recommended Comments (141)
at 16:21 on May 24th, 2011
Woo hoo!!!
at 20:49 on May 24th, 2011
Glad to see you BBB, hope things are going well for you, I know it is hard as I have been through it before with my own sister, Keep the faith girl, I am right here for you...really.....
at 21:00 on May 24th, 2011
Thank you Tori! It's a journey I don't want to be on but it's good to know i have friends. You did a great job reporting the court happenings, wish I could have been there.
at 14:00 on May 25th, 2011
: )
at 17:18 on May 24th, 2011
Such a very good day for Emma!
Love to all of you and sincere thanks to the jury, DDA S Kelly Cromer and Judge H Zackey -
I also want to thank Roberto Dager for giving SB a vigorous defense - no room for an appeal in this case. Just because we have a strong dislike for your client, doesn't mean we can't appreciate you had a job to do and you gave her your best shot.
Precious Emma Leigh - Rest In Peace -
at 17:57 on May 24th, 2011
I have 2 new posts at the pond. This one and one I wrote in the middle of the night last night.
We are leaving tomorrow for FL so things have been crazy. I hope you will check out the one I didn't bring over....it was the wee hours. I don't have time to post pictures on this post either....I hope some of you will add some. LCM this might be a perfect time for the one we talked about right before the trial started!
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LancasterWife (not verified)at 17:27 on May 24th, 2011
YES!!! Justice for Emma!
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sniff (not verified)at 19:42 on May 24th, 2011
I can't even begin to express how nerve racking it was waiting to hear the jury had a verdict every time johnny's phone rang my heart would jump out of my chest and for those of us who have no personal stake in this case emotions were running high so I could only imagine what A.H and the BARKERS were going through it must have been torture. When the call came in they reached a verdict all anyone could think of was get to the courtroom and once we were there everyone was very anxious to hear what the fate of S.M.B was and to hope there would be justice for emma the one and only victim in the case. As we sat there waiting for the barkers to arrive the other women starter handing out tissues to us and i wondered why?. As the jury zacky gave the courtroom a warning NO one is to show emotion or outbursts if there was he would find that person in contempt. Asthe jury piled in and the alts took there seats the formen stood and announced they had a verdict all we could do was wait as Zacky opened the envelope we were all on the edge of our seats and as troy(court clerk) read the verdict all I could hear was GUILT,GUILTY,GUILTY and i knew why the tissue was past around all of us started balling our eyes out the women behind A.H started rubbing his back we were all wiping the tears away. As zacky asked S.B if she gave up her right to be sentenced to day she sounded like she had no emotion in her voice and as Zacky thanked the jury for there service he said on a more personal note the fact they didn't loose any jurors in the course of the trial showed the character of the jurors as he gave them their last instructions and released them he said your done serving for atleast a year the ones who could laugh did and as we filed out of the courtroom all the barkers could do was sit there. to me they looked like they were in shock as we waited outside the courthouse for A.H all anyone could think is the jury made the right decision. and as we saw the jury leaving the courthouse all we could do is clap for them and say good job. next date is june 17th and we will def. be there and as for borrelli he was no where to be seen hummm wonder why
at 21:27 on May 24th, 2011
hey Sniff! I've been waiting for you to speak up on here.....you are definitely your mother's daughter and that's a good thing =) I knew you would have something interesting to say. Thank you. Now when are you going to friend me on fb? {{{HUGS}}}
I can't help but think this trial will stick with these jurors for a lot longer than a year. I know it will all of us. I'm glad to hear that peeps clapped and let the jury know that they were appreciated....that has to be a very difficult job.
at 20:12 on May 24th, 2011
Hey there Sniff! Good to hear from you! Now you need to register and get an "avi"
You done good girl! Emma is smiling down on you tonight!
hmmm what could Brendon have to do today that was more important than seeing his girl friend one last time before she became a convicted felon. Guess we'll know soon...
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ashlynn rease (not verified)at 20:31 on May 24th, 2011
So now what happens with BB? On going investigation? Justice for Emma :) RIP Little Angel
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From the beginning (not verified)at 20:42 on May 24th, 2011
No, this will not bring Emma back. But I am so glad to hear that she was not able to get off on a temporary insanity plea. I have followed this story from the beginning, I saw the helicopters flying ahead. I knew what happened to Emma when it was learned. I have followed the pond....my niece took the picture of Emma's memorial in Sylmar. My heart breaks for SB's family. She is a monster and I am glad this was the conclusion! Good job ladies and thank you for keeping us posted!
at 21:35 on May 24th, 2011
From the beginning, thank you so much for stopping in and saying hi! We know your niece very well and have the highest hopes for success in her future. That picture she took is one of my favorites. IIRC, she took that picture about a year ago. It really moved me that even recently (someone commented a week or 2 ago they had stopped by there) someone is still keeping that area clean.
at 20:46 on May 24th, 2011
To the Paternal Family off Emma,
You are truly a great bunch, a pleasure to be around especially Joe, that guy can find something funny in anything....although I know he did not find any humor in this though, he did try to keep up everyone's spirits most of all Anthony's!
Stacey and her parents turned their backs on you all, people that would have shown Emma how a real Family that love each other acts, you all would have been a asset to her life!
This was a Victory for all that loved Emma, I can't help but feel a little sad for The Barker Family they have lost 2 people they love but at least they can still talk to her if they want to!
This has been hard on us to say the least so I know how much harder it must be on you all, I will never forget you all, you have my Cell # and you are free to use it anytime for any reason!
We will see you all at Sentence date.
Girls,
We girls are going tomorrow to take Kelly a small cake and my NP sister that owns a Flower shop is taking her Flowers....just a small way of thanking her for her hard work and like a bulldog, going for the throat and never letting go, she fought the good fight and won victory for our little Angel Emma. we will include you all on the card! you had as much a part of this as we did...Thank you all...
As we stood outside smoking and talking, we had already heard at 1:30pm that they had reached a Verdict on one count only, the Jury did not know they had to find on all 3 so they were sent back to find on the other 2...
We waited nervous with each passing second that someone was a hold out and that maybe they would only charge her with manslaughter.....Anthony's phone rang and we all stared at him as he talked....he must have felt strange with 14 eyes burning a hole in his face, He said OK thanks Kelly, we were like???? faces, he said OK see you guys tomorrow, we were stunned, as Joe turned to walk to Anthony, he said "not really, she said they have a Verdict, come up stairs" our hearts beating so fast...full of fear and hope "what would the Verdict be" Tiff texted and said HURRY the court is filling up....all the Att's and court personnel had filled the room and seats...
As Ange said Sherrie, the Parents Of Murdered Children advocate, passed a tissue as she was crying even before Troy read the Verdict, she knew already that people would cry at the Verdict no matter what it was...she was right...Very emotional...waiting was the hardest part.
GUILTY 1ST DEGREE MURDER, GUILTY, GUILTY...THE FIRST HIT ME LIKE A TON OF BRICKS...DID NOT THINK 1ST DEGREE WAS EVEN A OPTION! I didn't hear Troy read the 2ND and 3rd charges all I heard was GUILTY....
RD had the Jury Polled and one by one they said YES.....
All I saw was the Grandparents crying silently, her parents had their heads hung down so I don't know if they cried in court or they were just in shock.
RD was shielding SB from the Media, the Gallery and the Newspaper Photographer, as the Bailiff cuffed her and led her back to the holding cell Dager was stuck to her like GLUE, so one really got to see her face...but when she answered Judge Z she seemed to have no emotion in her voice....so I don't believe there were any tears, maybe she came to terms with what she did and knew the outcome before it was announced...I wonder if RD will keep them from taking pictures on June 17Th.....
What a day, emotions running high...what a drain....we will be here for days rehashing things...things I left out or forgot....but everyone take a deep breath and relax....we kept Emma in our hearts and on our lips.....Luv ya all...T
Anthony, stay busy...I think I have a old carburetor I can bring you on the 17Th...LOL... and stop kicking your own ass, you are a catch for any lucky girl, Love ya dude! V....
at 21:48 on May 24th, 2011
Tori,
Thank you so much for the call :) I think we need to package us up some o that Joe....we may need his sense of humor by the time the Casey Anthony case is done. Sounds like Anthony inherited some of that sense of humor...he got you guys good!
A side note to Anthony....please move forward with optimism in your life. You have already been through one of the worst things that any person can go through, you are a survivor. Hold your head high too! There may be things you wish you had done differently, but we can only move forward and try to do our best. You deserve love and happiness.
T, Did you talk to Craig today? I just wondered what he had to say.
at 21:09 on May 24th, 2011
Finally, after two long years there is justice for baby Emma! Kelly Cromer definitely deserves the cake and flowers. She fought hard to see this day come, and all her hard work and dedication to a little girl she never had the chance to meet has finally paid off.
T, LCM, A7X, Kat...you ladies are amazing. It had been wonderful getting to know each of you through our "blogging" and I commend your dedication to reporting on this case for Emma.
Emma - you have touched so many lives and will never be forgotten and although the verdict will never bring you back, at least the culprit will be punished for taking you away from those that loved you. Rest in peace, sweet angel.
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From the beginning (not verified)at 21:46 on May 24th, 2011
Co-Worker I will agree with you. These ladie have been amazing. And again I am very proud to call A7X my niece. I will never forget the day this happened. And Emma will forever live in our hearts. Imagine that ladies, this is a baby none of us knew, yet we love her more than her own mother. RIP baby Emma, sleep with the Angels.
at 13:55 on May 25th, 2011
Co-Worker
Thank you for coming here and sharing with us. You filled in some blanks for us - months ago and we surely appreciated your input. Being able to share what you knew and had seen of the person who appeared to be a good mother made this case all the more heartbreaking, made Justice For Emma even more important.
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ashlynn rease (not verified)at 21:11 on May 24th, 2011
TORIA YOU ARE AWESOME!!!!! (:
at 21:20 on May 24th, 2011
Ashlynn,
Thank you...but
All the glory is for EMMA and the people that made it happen (SB'S conviciton) I was just there to witness and tell all of you that care about this Angel the story...thank you again...
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ashlynn rease (not verified)at 21:38 on May 24th, 2011
You have a BIG heart for being there for little Emma <3 I thank you and all the other girls for taking your time to post all this information. May EMMA now Rest in PEACE! She is an Angel looking over all of us! I will sleep GOOD tonight knowing that POS so called woman is soon to be where she belongs in PRISON! Again... Thank you for your time :)
at 22:20 on May 24th, 2011
All I can say is WOW! This was truely one of the most intense moments of my life. I can't stop playing it over and over again in my head. It still doesn't feel real. One minute we were all outside talking to A.H. and his Uncle and the next running upstairs for the verdict. It seemed as we were all talking outside that it would be another day of deliberation as it was getting late and the court house would be closing soon. And then A.H's phone rang and complete silence filled the air. I think I recall Anthony saying "thanks Kelly" as he hung the phone up. Then there was some exchange of words and then Anthony said Kelly told him to come upstairs, the verdict was in. I honestly don't even remember going upstairs I fealt like I was floating outside my body and looking down at all that was going on. It was different entering the court room this time, there was so much commotion, and such a heavy feeling that I can't explain, like we were all carrying our heavy hearts on our shoulders. Everyone looked panicked, concerned and overwhelmed (even Judge Z). I remember Anthony's uncle turning around and looking at me twice. Once before the jury came in and another when the jury was walking in. His eyes told a story of such grief and intensity, he so wanted a just verdict for his nephew and family. Finally the family arrived and then one by one the jurors entered the court room. That alone was horrific, not only did some come in with tears, they were outright bawling, completely torn up.
You all know what happened next, I just wanted to share some things from my eyes and heart....... So this leads me to what I witnessed after one or two of the verdicts were read. One of the lady jurors in the front row leaned her chair all the way back and turned to look at Anthony. Through her tears she caught his gaze and smiled at him. It wasn't a happy smile if that makes sense, It was more of a "you are going to be ok, justice has been served, I hope you can begin to heal now" I will never forget that, and now I am crying again. Love you all.
at 18:50 on May 25th, 2011
Big Love right back at you nurse! Thank you for sharing your experience in the courtroom. Thanks as well for all the time you took from your busy life to see this through....Emma has some justice now!
at 19:02 on May 25th, 2011
Kat My partner in Crime....how are you? getting ready for your trip? Have a great time and I will talk to you when you get back...love to you and Jack...have a safe trip! T
at 19:46 on May 25th, 2011
Tori, Haha! Partner in crime....don't forget to add "watching".
I'm parked on a bed in some wee town in Southern IL. We were very late getting started today, it was 3:30 by the time we left town....I thought it would be easier getting ready because we didn't have to worry about the weight restrictions of flying but what happened was we brought everything but the kitchen sink! Bwwahhh! For the last hour most of our conversation has been where is this, where is that. LOL
We had to pull over under bridges a few times because the wind and rain was so heavy....but it turned out to be a good thing...if we had made it as far as we planned we would have been hit with egg size hail. The Midwest has sure been hit hard the last week!
We can't wait to surprise Chloe. She called yesterday and said,"I figured out how you can celebrate my birthday with me since you can't be here. I'll call you when they are going to sing Happy Birthday and put you on speaker phone so you can sing too!" LOL She will flip when we walk in and with our (and she says hers) dog Biscuit. can't wait!
I noticed the courtroom wasn't as crowded in FL v. Casey Anthony today, so maybe I won't have a problem getting in. I plan to attend on June 8 and 9 :)......you know being the nosey busybody that that dumbass pfoe accused us all of being, I can't be in FL and stay away.
It is very heartwarming to see the number of people who have commented here and at the pond that they too feel Emma finally has some measure of justice. I really appreciate all the comments made in return to pfoe's "hate comment". We have always said that everyone has a right to their own opinion, but when you attack one or all of us you can expect to get it back. You all have responded so well that is all I can think to add. (((HUGS))) kat
at 23:45 on May 25th, 2011
Hey KF! Have a wonderful vacay and great time with little Chloe! What a terrific auntie you are to give her the best Birthday surprise ever!
I noticed there were plenty of seats in the gallery on Wednesday I wonder if the pretrial talk of a lottery kept some people away - WFTV didn't have the camera in the hall yesterday (that I saw) so now we need you to sit on the right side of the courtroom in the area where Bill S sits, so we can wave at our midwest sister in crime (and trials)! I was watching Bill's face while Baez was on the stand - too funny! He was grinning over JB's ineptitude.
Drive safe and have a fun trip KF style!
at 06:34 on May 26th, 2011
Thanks Sweets! Muah!
at 04:52 on May 25th, 2011
Light a candle for Emma:
http://www.gratefulness.org/candles/candles.cfm?l=eng&gi=ELB
at 21:49 on May 26th, 2011
AAAAWWWW Nurse
It is still unreal today...I keep feeling like I should be getting ready for court right now....
It was like it was all in slow motion......
I am happy that we got up there in time, Judge Z had the doors locked and no one could get in or out after the family showed up....
Yes Judge Z was a little overwhelmed also, he was somber and I know he was Ill but his voice did seem to crack at one point when he thanked the Jury.
I had to laugh because as we were all leaving Anthony hugged Ange and said Thank you, aahh I am just going to call you SNIFF when he said that, Ange said go ahead.
Nurse and Tiff I will see you later this afternoon.....and we will talk about the day we will go to Emma's Grave and pay respects to this little Angel.
I can not begin to tell you how feel about you all, I think you know already or at least I hope you do....T
at 08:17 on May 25th, 2011
I didnt know wheather to cry or cheer when I read she was found guilty on all 3 charges. First Degree Murder! WOOOOOOOOOO HOOOOOOOO So glad justice has been served and yet so sad still for little Emma.
I have to know....did you ladies cheer out loud when you heard? Im sure you all cried as I am..... May the Lord bless you all for the time an engery and the toll it takes on your emotions! Thank you again for being a voice for Emma!
RIP little angel you will NEVER be forgotten!