HICKORY, N.C. — A judge said Thursday he will hear arguments on whether the trial for a North Carolina woman charged in the death of her 10-year-old disabled stepdaughter should be moved because of publicity surrounding the case.
Elisa Baker, 43, is charged with second-degree murder in the death of Zahra Baker, the freckle-faced Australian girl who had a prosthetic leg and hearing aids because of her fight with bone cancer. Authorities say Baker dismembered the girl's body to cover up her killing. If convicted, she could face up to 30 years in prison.
Catawba County Judge Timothy Kincaid said he would hear arguments on the change of venue motion Aug. 1 and set arraignment for Sept. 12.
Baker's attorney, Scott Reilly, has argued that the "pretrial publicity in this case has been such that the entire county is 'infected' with prejudice." Prosecutor Jay Gaither said he could seat an impartial jury from Catawba County.
Baker faces other state and federal charges, most of them unrelated to Zahra Baker's death. Gaither said he planned to try those cases before Baker's murder trial and he wanted to consolidate the obstruction charge with murder case.
Federal authorities have charged Baker with seven counts of drug trafficking. They say she distributed and conspired to distribute drugs including oxycodone and hydrocodone between 2006 and October. Neighbors said they suspected drug trafficking because of the number of cars that pulled in and out of the homes at all hours of the day.
Some of the alleged offenses took place in homes where she lived with Zahra's father, Adam Baker, documents show. The couple met online, and they were married in Australia in July 2008, before moving to North Carolina.
Adam Baker has not been charged in Zahra's disappearance or death, but he also faces unrelated charges, including identity theft and obtaining property by false pretenses. He has been barred by immigration officials from leaving the United States.
Zahra was reported missing in October. Police almost immediately doubted the Bakers' story that Zahra had been kidnapped. A few days after the girl was reported missing, Elisa Baker was charged with obstructing the investigation into Zahra's disappearance. Police say Elisa wrote a ransom note purportedly from kidnappers who were trying to snatch a different little girl.
Elisa Baker told police Zahra had been dismembered, and led them to some of her remains at sites in Catawba and Caldwell counties, according to search warrants. She told police that Adam Baker helped scatter the remains, but cell phone records showed he was in different locations on the days Elisa said Zahra's body parts were disposed.
Since then, Elisa Baker has been charged with two dozen crimes unrelated to Zahra's death, including bigamy. The Associated Press found that she was married seven times and to more than one man on several occasions. She was being held in the Catawba County jail.