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NEW VIDEO: Live blog: April 24 hearing for Matt Baker
Story: Click here to get the full report with Tommy Witherspoon’s story on Friday’s hearing.
12:09 p.m. — Matt Baker left the courtroom, walked past the cameras in the hallway and took the elevator to leave the courthouse. We’re done here today.
12:06 p.m. — My apologies for the brief break in blogging, but I had to leave the breakroom as Baker, his attorney, prosecutor Susan Shafer, bailiffs and another individual came into the room in order to take Baker’s DNA sample.
I’m assuming it was the usual swab of the inside of each cheek.
12:02 p.m. — Judge Strother is now addressing a request by the defense concerning a local psychiatrist testifying in the civil case. He said that because general discovery is not part of a criminal case, that request is denied.
11:59 a.m. — Judge Strother has told both sides that a number of discovery motions in this case need to be addressed, but that is a lengthy process and he would like both counsels to meet together, preferably face-to-face, though he acknowledged that Baker’s attorney, Richard Ellison, lives in Kerrville.
11:56 a.m. — Strother has denied the defense’s request to have grand-jury testimony in this case unsealed, adding that such testimony is supposed to be secret, and he saw no specific reason to unseal those records.
11:55 a.m. — The judge said that since Matt Baker is here at the courthouse today, he will submit that sample today.
11:54 a.m. — Judge Strother just said that he will grant the prosecution’s request to have Matt Baker submit a DNA sample. Baker’s attorney responded to bring up what sounded like a search-and-seizure ruling by the Supreme Court.
11:53 a.m. — Everyone just stood up as Judge Ralph Strother entered the courtroom. He said he appreciates everyone’s patience as the other trial went on, and that if a verdict comes in, this trial will have to recess.
11:47 a.m. — Still waiting to get under way. A box of doughnuts sitting within arm’s reach sure looks tempting, and I’ve told I can have one. But that doesn’t seem right. Not to mention to the sugar that would stick to my fingers and gum up this keyboard.
11:44 a.m. — Four videographers and one still photographer are in the hallway outside the courtroom. I’m not in the courtroom itself, but an adjacent break room that has a speaker so I will be able to hear what’s going on.
11:32 a.m. — We had to clear the hallways as the jury came out to go to the jury room and begin deliberations in its case in 19th State District Court. Setup in the courtroom is under way for the Baker hearing.
11:11 a.m. — I’m told the prosecution in the current trial in the 19th State District Court is making its rebuttal to defense’s closing arguments. Looks like this trial should wrap fairly soon and the jury will head to deliberate. That will free up the courtroom for the Baker hearing.
10:59 a.m. — Matt Baker and his attorney, Richard Ellison of Kerrville, went around a corner and into a conference room.
10:50 a.m. — Linda Dulin, mother of the late Kari Baker, is here as well as her attorneys, Bill Johnston and Darren Obenoskey, in her civil wrongful-death lawsuit against her former son-in-law. Her attorneys are on hand in case any decisions from today’s hearing have an impact on their civil case.
10:33 a.m. — Not sure if it’s like this in the rest of the McLennan County Courthouse hallways, but the third floor is pretty warm and a bit stifling. I’m blogging from the unoccupied jury room for the 54th District Court, which is considerably cooler.
Matt Baker has pulled off his jacket as he chats with who I assume are family members across the way. Definitely too warm to keep it on. His lawyer, Richard Ellison, is seated on a bench going over notes and documents, it appears.
10:30 a.m. — We’ve been told that the trial under way in the courtroom has completed testimony, but will have closing arguments of up to 30 minutes for each side. So looks like it’ll be an hour before the Baker hearing will start.
How will I fill the time?
10:15 a.m. — The throngs of media at the first hearing for former Waco-area pastor Matt Baker, accused in the April 2006 death of his wife, Kari, are not present for today’s hearing.
A trial is currently going on in Judge Ralph Strother’s 19th State District Court, so it’s looking likely that the scheduled 10:30 a.m. hearing where Strother will consider two motions filed in the Baker case will be delayed.
Baker is standing off to the side near the rotunda on the third floor while he waits. He is wearing a brown suit as he is out on $250,000 bond. Two weeks earlier Baker was in shackles and wearing a jail uniform.
Prosecutor Crawford Long has requested that Strother order Baker to submit a DNA sample “for the purpose of obtaining DNA for comparison to an item or items” gathered in the murder investigation.
Baker’s attorney, Richard Ellison, has asked for a transcript of testimony from grand jury witnesses. Those are confidential unless ordered released by a judge.
Permalink | Comments (5) | Post your comment | Categories: Hot stories, Courthouse, Matt Baker
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Comments
By wade
April 24, 2009 1:46 PM | Link to this | Report comment abuse
Nice work, Ken. Feels like I was there.
By Jeff
April 24, 2009 2:31 PM | Link to this | Report comment abuse
Like this play-by-play. thanks. Glad he had to give the DNA.
By anonymous
April 24, 2009 3:06 PM | Link to this | Report comment abuse
So why can’t the defense attorney be informed of the grand jury testimony? Doesn’t this help the defense attorney prepare for the witness testimony at the trial?
By kdee
April 24, 2009 4:03 PM | Link to this | Report comment abuse
It’s the rules, anon. He will get them but in criminal trial you don’t get the grand jury testimony until up the road.
By Cynthia Robinson
April 25, 2009 6:14 AM | Link to this | Report comment abuse
If this investigation were done correctly, in the beginning, Matt Baker would probably be serving his punishment already! How does a JP rule via phone? No autopsy? Hewitt PD, like McGregor PD didn’t have expertise investigating death! Criminal Investigation 101~All deaths are investigated as homicides until PROVEN otherwise. McGregor PD~Do you have what it takes to simply reopen Joshua’s case, just to be certain that his death was actually a suicide, as former Det. Martin presumed, without an investigation? No, because you know that there’s more to the death!