Lack of specific cause of death complicates Zahra Baker case | Charlotte Observer

Catawba County prosecutors may face a daunting task in trying to prove that Elisa Baker killed her stepdaughter without clear evidence to show how the 10-year-old girl died.

In an autopsy revealed Monday, the N.C. Medical Examiner's Office concluded that Zahra died as a result of "undetermined homicidal violence."

"I've never heard that term before," Steve Ward, a Mecklenburg prosecutor for 25 years, told the Observer. "It means the medical examiner is saying the victim was killed, but they have no idea how it happened."

Elisa Baker, 42, was charged Monday with second-degree murder in connection with Zahra's death. She's being held on more than $200,000 bond and is set to appear in court Friday.

She has denied any wrongdoing and accuses her husband, Adam Baker, of dismembering his daughter's body after she discovered Zahra dead from an illness.

Reached Tuesday, the medical examiner's office would not talk about the autopsy or offer any more explanation of its finding of "undetermined homicidal violence."

The autopsy offers few clues to why medical examiners concluded a killing occurred. The report describes Zahra's medical history, including her battle with cancer, but said sparse recent records failed to reveal any major health problems.

The report documents that "tool marks" found on Zahra's bones were "presumed" to have been made after the girl's death, as her body was dismembered. It also mentions that multiple allegations of abuse of Zahra had been reported to social services agencies in 2010.

"It'll be interesting to see how they prove it was a purposeful killing rather than a death by natural causes followed by dismemberment," Ward says.

Catawba County District Attorney James Gaither Jr. said Monday there is no credible evidence to suggest that anyone other than Elisa Baker was involved in Zahra's murder.

"Undetermined homicidal violence" has been cited as the cause of death in several murder cases across the country, including in Raleigh and Greensboro, that involved victims whose bodies were dismembered or badly damaged.

In a Raleigh case, Sherita McNeil was sentenced to life in prison in August after a jury convicted her of first-degree murder for killing her 19-month-old son. His death was concealed for weeks.

Next week in Greensboro, Winfred Scott Simpson is set to go on trial for the alleged murder of his wife, Retha Crook Simpson, whose burned and dismembered body was found in trash bags last March. He, too, is facing a first-degree murder charge.

Elisa Baker won't face as much punishment if she's found guilty. A second-degree murder conviction carries a prison sentence ranging from about eight years to more than 30 years, depending on the defendant's criminal record.

The State Bureau of Investigation used Zahra's toothbrush to determine that body parts recovered during the investigation were Zahra's, according to the autopsy report.

The tool marks discovered on her bones appeared to come from at least two different cutting instruments, the report found.

Charlotte-area prosecutors have said the lack of a definitive cause of death in Zahra's case would make it hard - but not impossible - to prove a killing took place.

One legal expert said prosecutors probably will have to rely on circumstantial evidence to build their case. Such evidence, the expert said, would include what was done to the body after her death. Other circumstantial evidence might include the repeated reports of mistreatment of Zahra.

Staff researcher Maria David contributed.