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Live blog: Hearing on bond reduction request for Matt Baker
We’ll bring you a story later, but here’s the blog of today’s hearing from the McLennan County Courthouse. You also can click here for a photo slideshow.
12:03 p.m. — Matt Baker walks out of the courtroom and down the hallway as cameras flash and videocameras hum. Accompanied by a bailiff, he heads down a side exit, where he will be returned to McLennan County Jail until his $250,000 surety bond is paid.
Trib courts reporter Tommy Witherspoon said that Baker’s family friend who is supposed to pony up the cash for the bond, will have to pay 10 percent to 15 percent of full $250,000 bond amount. The percentage will depend on the bail bondsman, Witherspoon said.
11:59 a.m. — Judge Strother is meeting with the media in his chambers. He was forceful at the end of the hearing, reiterating his gag order in the case that no one involved should talk about it with the media.
“I want the case tried in this courtroom, under the rules of evidence,” Strother said.
While meeting with the media, Strother said that the original trial date for the civil wrongful death lawsuit was Sept. 29, which also is in his court. While he set aside the civil trial so that this criminal case can proceed, Strother said he does hope to utilize a similar schedule for the murder trial.
11:44 a.m. — Judge Ralph Strother adjourns the hearing.
11:38 a.m. — In determining whether to declare Baker indigent, prosecutor Crawford Long asks Baker how much he makes from the eBay business he works for in Kerrville.
Baker said he makes about $400-500 a month. That’s about 30 percent of what he made before his initial arrest, he said, and he supports his two daughters in Kerrville at a cost of about $400 a month.
When questioned about his 2008 income tax, Baker said he reported about $17,000. He testified that expenses are about $1,000 to $1,200 a month.
Strother agrees to declare Baker indigent, but also wants Ellison to provide the court a detailed list of planned defense experts to get a better accounting of the costs of mounting Baker’s defense.
11:34 a.m. — Judge Ralph Strother says he has a problem with Ellison asking the court to agree to an estimated $350,000 for the cost of experts to mount a reasonable defense. That amount would be at taxpayer expense, and that concerns him, Strother said.
Ellison responds that his client has a constitutional right to a fair trial and fair defense, hence the need for the experts, who are expensive.
11:32 a.m. — Prosecutor Crawford Long asks Baker, if that he is indigent, how can be pay even a $200,000 bond.
Baker says a family friend will take out a loan on his home and property to pay a $200,000 cash bond if ordered by the judge.
11:29 a.m. — Baker says he is indigent and needs court-ordered funds to mount an effective defense. “I have used all my funds to hire my current attorney,” Baker said.
Prosecutor Crawford Long asks whether any funds were raised to mount previous defenses. He said about $15,000 was raised, but that went to his attorneys — he and three attorneys before his current counsel.
11:24 a.m. — Baker is being brought back to the stand as his attorney seeks to prove that his client can’t afford a higher bond.
When asked, Baker said he owns a pickup truck, but answered no when questioned whether he owned a house, property or IRA account. He also said he has no way to borrow money to pay for further defense.
11:22 a.m. — Baker’s attorney Richard Ellison asks the judge to consider a bond that his client can afford, such as in the $200,000 range. He reiterates that Baker would not be a flight risk.
11:20 a.m. — Current witness is Jeanne Lehrmann, who lives in Riesel and says she has known Matt Baker and his parents since 1979. She first knew him and his parents from 1979 to 1983 when she lived in Kerrville, then later he was her pastor for a couple of years at Riesel First Baptist Church, she testified.
She told the court that she considered his parents wonderful people and that she doesn’t consider him a flight risk if he makes bond and is released from jail.
11:17 a.m. — Baker tells the court that the $40,000 he received from an insurance settlement after the death of his wife, Kari, has all gone to attorney fees. Of that, he believes $24,000 went to his current attorney, Richard Ellison.
11:15 a.m. — Baker says he was working with a person in Kerrville to sell items on eBay on a commission basis before he was indicted.
11:14 a.m. — Baker testifies that he can make $200,000 of the current $500,000 bond he faces. He said he would return to Kerrville on bond, which is where his attorney also lives.
11:09 a.m. — Matt Baker takes the stand as his attorney, Richard Ellison, puts his client up as a witness in order to prove his need for a lower bond, the attorney said.
As the proceedings began, Strother said he ruled on a motion in chambers and denied it, but did not address the motion further and said he ordered it sealed. Most likely that’s the allegations by Baker’s attorney, Richard Ellison, of prosecutorial misconduct.
11:08 a.m. — Matt Baker addresses Judge Ralph Strother and pleads not guilty of the murder of his wife, Kari, in 2006.
11:06 a.m. — They have all come back into the courtroom. Looks like we’re about to start.
11 a.m. — Tommy Witherspoon has been covering the McLennan County courts so long he says he thinks he’s heard “Butterbean” sung more often than “Happy Birthday.”
10:56 a.m. — Trib courtroom reporter Tommy Witherspoon stepped out of the courtroom for a minute to check on me; probably worried I’m getting lonely here. He says that Baker, prosecutors Susan Shafer and Crawford Long, Baker’s attorney Richard Ellison, and McLennan County investigator Abdon Rodriguez, who Ellison alleges pressured Baker to give him a DNA sample, are all meeting in Strother’s chambers.
Witherspoon is guessing that they are trying to hash everything out there, and the actual open-court proceedings will only take a couple of minutes.
10:53 a.m. — Surprisingly, the telephone hasn’t rung much this morning in the office I’m working from. I’m half-tempted to answer it as I’m the only one here. But I doubt I’d be much help to the callers.
10:41 a.m. — Can’t hear it well from outside the courtroom doors, but it looks like longtime bailiff Clarence Cobb is regaling those in the courtroom with jokes and probably his standard song of “Butterbean” as they wait. If you’ve ever reported for jury duty at the McLennan County Courthouse, you know what I’m talking about.
10:32 a.m. — Matt Baker just walked out of the private room where he was meeting with his attorney and into Judge Ralph Strother’s chambers. Wonder what’s up with that?
Baker is wearing a prison jumpsuit of wide black and white stripes. I couldn’t see that earlier from this office when he went into the court.
10:28 a.m. — Had a few passers-by wonder what’s up with all the cameramen outside the courtroom. Guess they haven’t read the Trib or watched TV the last few days. It looks to be about 25-30 people sitting in the 19th State District Courtroom. Most of them, though, are lawyers and journalists. No snide comments, please.
10:20 a.m. — Matt Baker and his attorney, Richard Ellison, continue to meet behind closed doors. They are in a private room while media members wait inside the courtroom itself. Photographers and videographers have to wait in the hallway.
10:15 a.m. — Judge Ralph Strother this morning also will have to rule on a request by Baker’s attorney, Richard Ellison, to sanction McLennan County prosecutors Crawford Long and Susan Shafer for what Ellison claims are legal and ethical violations of his client’s rights.
Specifically, Ellison says that the prosecutors tried to interrogate Baker and get a DNA sample from him before first contacting his attorney.
10:10:a.m. — Nothing to report yet. We’re all in “wait-and-see” mode here as Baker meets privately with his attorney. Because I am in a separate office, I am waiting to hear the audio feed of the proceedings. Those microphones won’t be turned on until we’re under way.
10:02 — We’re told that Matt Baker, who had no comment upon entering the courtroom, will meet privately with his lawyer, Richard Ellison, for a few minutes before the hearing begins.
10 a.m. — The flash of cameras and jockeying of position for an angle by those camera guys, tells me that the principals are entering Ralph Strother’s 19th State District Courtroom.
9:54 a.m. — I’m in the neighboring office of court administrator Joyce Smith. I’m worried I’ll get a headache from the aromatherapy candle nearby, though it does smell nice. Not a bad place from which to blog, except that the only view of the hallway is through the window of the door. And that’s currently blocked by cameramen from the TV stations.
9:45 a.m. — We are about 15 minutes away from the start of a bond-reduction hearing for former Hewitt pastor Matt Baker, indicted last month in the murder of his wife, Kari Baker.
The hallway outside Waco’s 19th State District Court is thick with journalists, including Erin Moriarty of CBS’ “48 Hours” and people from “NBC Dateline” and “20/20 Primetime.” Supposedly, someone from Oprah’s Oxygen Network is here as well, but I haven’t confirmed that yet.
Permalink | Comments (15) | Post your comment | Categories: Courthouse
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Comments
By simon
April 9, 2009 10:39 AM | Link to this | Report comment abuse
Waco has action
By jacquie
April 9, 2009 10:44 AM | Link to this | Report comment abuse
Yes the wrong action, as usual!
By simon
April 9, 2009 10:50 AM | Link to this | Report comment abuse
lol
By simon
April 9, 2009 10:57 AM | Link to this | Report comment abuse
ken do you think the judge will reduce the bond?
By jacquie
April 9, 2009 11:05 AM | Link to this | Report comment abuse
The DA and the investigator have made a mistake so yes he will get his bond reduced.
By Bunny Easter
April 9, 2009 11:11 AM | Link to this | Report comment abuse
Maybe after the butterbean they can all do the bunny hop.
By simon
April 9, 2009 11:11 AM | Link to this | Report comment abuse
Oh my. They should do their jobs right and not try to trick people.
By Jacquie
April 9, 2009 11:13 AM | Link to this | Report comment abuse
LOL! yes the bunny hop would be nice for easter!
By simon
April 9, 2009 11:18 AM | Link to this | Report comment abuse
I don’t think they are gonna let this bunny hop bond.
By Jacquie
April 9, 2009 11:23 AM | Link to this | Report comment abuse
maybe he can borrow the money from the two ladies in cali that received the 1 million dollars in life insurance money for a funeral scam!
By simon
April 9, 2009 11:30 AM | Link to this | Report comment abuse
People are doing anything for money
By Jacquie
April 9, 2009 12:20 PM | Link to this | Report comment abuse
Did I not say that his bond would be reduced!
By simon
April 9, 2009 1:02 PM | Link to this | Report comment abuse
yea u called it
By SG
April 9, 2009 2:22 PM | Link to this | Report comment abuse
His bond was reduced because there was no outward, concrete proof he was a flight risk. It wasn’t because of any wrong doing on behalf of the DA or investigator. The motion for sanctions by Baker’s attorney was DENIED. The DA’s office and the investigator did not break protocol.
By Opus Meo
April 9, 2009 5:32 PM | Link to this | Report comment abuse
SG
They are going to believe what they want. They think that bond is the punishment itself..>!!