Baker murder trial to remain in Waco, judge rules
By Tommy Witherspoon Tribune-Herald staff writer
Jury selection in the Matt Baker murder trial is set to begin this morning after the former Baptist minister lost an attempt Monday to get his trial transferred to another county.
Judge Ralph Strother of Waco’s 19th State District Court denied a motion for change of venue from Baker’s attorneys, Guy James Gray and Harold Danford, both of Kerrville.
Baker, 38, a former youth chaplain, is charged in the April 2006 death of his 31-year-old wife, Kari, the mother of his two daughters. Her death initially was ruled a suicide by sleeping-pill overdose. However, a rekindled investigation prompted by Kari Baker’s parents, family and friends led to Baker’s arrest.
Baker’s lawyers argued that widespread local, state and national media coverage of the case, specifically a Jan. 6 Tribune-Herald story, has created an unfair atmosphere for Baker’s trial. The story was based on a court document filed by prosecutors last week that was intended to give Baker’s defense team notice that they intend to present evidence that Baker had an affair and made improper sexual advances toward at least a dozen other young women.
“I can’t figure out how to do voir dire on that,” Gray told Strother, explaining that he needs to find out how many potential jurors read the story without casting unwanted attention on it for those who didn’t. “He doesn’t deserve any edge, but he does deserve a fair trial.”
Court officials have summoned 70 potential jurors. While Strother denied the change of venue motion, he made it clear that he would watch the process closely to make sure the panel has not been unduly influenced by the media coverage.
Three friends and former parishioners during Baker’s tenure as pastor at a Baptist church in Riesel — Jeanne Lehrmann, Leigh Ann Milton-Robert and LeeAnn Stewart — all testified that Baker would not be able to get a fair trial in McLennan County because of the media coverage and what they perceive as resulting negative attitudes about Baker.
Milton-Robert, a veterinarian from Riesel, also cited “Justice for Kari” bumper stickers that have sprung up around town as evidence of what she described as the prevailing sentiment against Baker.
In prosecution testimony, Russ Hunt Sr., one of Waco’s top criminal attorneys for the past 32 years, said he thinks Baker can get a fair trial in McLennan County. Hunt represented David Wayne Spence, who was executed for his role in the 1982 Lake Waco triple murder case. That case generated as much publicity as any case in McLennan County in the past three decades, and Spence’s first trial was held in Waco.
When asked by Gray if he would want to try Baker’s case in McLennan County, Hunt said, “I would always want to try a case where no one has ever heard of my client.”
Gray started homing in on Hunt’s representation of Vanessa Bulls, who prosecutors say was having an affair with Baker at the time of Kari Baker’s death. Bulls was granted testimonial immunity before telling her story to a grand jury, immediately after which Baker was indicted for murder.
As Gray prodded deeper about Hunt’s representation of Bulls, the judge warned that he was delving beyond the scope of cross-examination and the purpose of the change of venue hearing.
Later, Gray asked for at least the third time to be given a copy of Bulls’ grand jury testimony. Strother again denied it.
In other pretrial action, the judge ordered the state to approach the bench before trying to introduce evidence of extraneous offenses and denied a defense motion to force prosecutors to elect which manner and means of death they intend to prove.
Prosecutors have charged Baker with drugging his wife with sleeping pills and then smothering her — perhaps with a pillow — after she passed out. At the end of the hearing, both sides agreed to admit prosecution exhibits regarding phone records, medical and autopsy records, bank records, recordings of two national TV news magazine broadcasts about the case and a taped deposition Baker gave in a wrongful death civil suit filed by his wife’s parents, James and Linda Dulin.
twitherspoon@wacotrib.com
757-5737
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