Many are angry at the District Attorney's office of the 25th Prosecutorial District here in Western North Carolina. The perception is the current incumbency has a history of losing high-profile cases to inept investigations, blunders by the State Lab in Raleigh or simply a tendency to plea bargain to get a conviction. While that may or may not be the case, our energies are better spent at changing the current law instead of aiming venom at the State attorneys who are as baffled by the heinousness of this particular crime as the rest of us. In fact, presiding Judge Timothy Kincaid said afterward, "This case will haunt me until I'm in a rocking chair."
Current state law requires a maximum sentence of 32 years, eight months for second-degree murder. Elisa Baker, in essence, will serve roughly 60 percent of the maximum, based on her plea deal. However, the state average for length of sentence for second-degree murder is 12 years. Baker was sentenced in the mitigated range, because of a lack of prior convictions.
I have plenty of anger with this case, but not just because of the legal wrangling of attorneys. We as parents are tasked to protect our children, to keep them from harm, not commit unspeakable acts, so attrocious as to bring world-wide attention to an otherwise quiet community. This enrages me.
For the un-indoctrinated, here are the bare facts of the case, according to our local ABC affiliate, WSOC-TV:
Elisa and her husband, Adam Baker reported his 10-year old daughter, Zahra, missing on Oct. 9, 2010, telling police they last saw her sleeping in her bed at about 2:30 a.m. An Amber Alert was issued and a massive search for Zahra ensued.
On Oct. 12, Hickory Police Chief Tom Adkins announced the cancellation of the Amber Alert and the decision to investigate Zahra’s disappearance as a homicide.
An exhaustive search for evidence proceeded, spanning three counties and several locations. Investigators searched a wood pile in Burke County, two ponds, the Bakers’ Hickory home, a Caldwell County landfill, a rural area off Christie Road and a creek and its surrounding banks in the Dudley Shoals area.
On Oct. 26, police found Zahra’s prosthetic leg off Christie Road. On Nov. 10, her remains were found in the Dudley Shoals area.
Elisa Baker has been jailed throughout the investigation on an obstruction of justice charge. Police said she admitted to writing a fake ransom note. She was charged with second-degree murder in February, and has sat in jail ever since. Adam Baker was found not to be involved in the crimes, although there are plenty of detractors who are convinced otherwise. One thing is for sure: Adam will win no Father of the Year awards anytime soon.
Elisa Baker admitted to dismembering Zahra's body. During the investigation, pieces of her body were found in the three search sites. A neck vertabrae with saw marks was among the evidence found, as was a saw. Blood was found on the ceiling, walls and floors of Zahra's bedroom in the 800-square foot Hickory home they rented from Adam's employer. Among the remains not yet discovered: Her head, a shoulder, hands and part of a leg.
An autopsy failed to determine an exact cause of death. The Medical Examiner's report listed the cause as "undetermined homicidal violence."
Zahra was a typical 10-year old, and she was not a typical 10-year old. Born in Australia to Adam Baker and Emily Dietrich. Zahra survived two bouts with cancer, which left her deaf and needing a prosthetic leg after one was amputated. She also had a lung removed. Otherwise, she was a normal, shy but seemingly happy, child. Yet teachers would discover her with two black eyes on one occasion, and other signs of parental abuse began to surface. Neighbors would say she would be forced to limp up a hill for punishment. Elisa would scream at her for urinating on herself.
I was there in the courtroom for today's sentencing hearing. One of the crime scenes was just a couple miles from my house, so I kind of take Elisa's actions personally. I wanted to see her up close and in person, this embodiment of evil that rocked our small community to its core.
Thankfully, today's hearing put an end to this terrible tragedy. There will be no jury trial, no calls to N.C. Press Association Attorney Amanda Martin arguing for live coverage, and no TV satellites stationed outside the courthouse for days on end. Our lives can now return to normal.
But an innocent life was snuffed out too soon, and just one more layer of thick skin was applied to an otherwise innocent town.
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