Former Central Texas Baptist minister Matt Baker lost his bid for a new murder trial Thursday in Judge Ralph Strother’s 19th State District Court.

In a separate hearing that followed, Strother ordered lawyers in the custody battle over Baker’s children to attempt to mediate before he decides whether the case will be heard in Waco or Kerrville.

Baker’s daughters, ages 13 and 10, have lived in Kerrville since August 2006.

Matt Baker walks out of a courtroom Thursday after his request for a new trial was denied.
Duane A. Laverty/Tribune-Herald

In January, Baker was convicted of murder in the April 2006 death of his wife, 31-year-old Hewitt teacher Kari Baker. He was sentenced to 65 years in prison and is being held in the McLennan County Jail.

The 38-year-old sat through the three hours of hearings in a black-and-white striped jail jumpsuit, shackled at the ankles and wrists.

Stan Schwieger, appointed to represent Baker in the appeals process, argued that his client received ineffective counsel from Guy James Gray and Harold Danford during the jury trial.

Schwieger said the lawyers did not object to Strother allowing the alternate juror to sit in on deliberations, which Baker argued is against the law.

Though Gray testified that he found it rare for Strother to allow the juror to sit in, Gray and Danford testified that Strother’s instructions to the juror were reasonable.

Assistant district attorneys Susan Shafer and Crawford Long called two jurors, who testified that the alternate juror did not participate in the deliberations, as the juror was instructed.

Strother decided the alternate juror’s presence did not influence the decisions of the other jurors and denied Schwieger’s request.

Other than to say he still is appealing the verdict and Strother’s decision Thursday, Schweiger declined comment.

Custody issues

Both the maternal and paternal grandparents are seeking custody of Baker’s children, Kensi, 13, and Grace, 10.

James and Linda Dulin, Kari Baker’s parents, had attorney Darren Obenoskey file a motion to have the proceedings remain in McLennan County.

The Baker family wants the custody trial to move to Kerr-ville, where the girls attend school.

“I don’t know what the chances are that we can mediate this,” Strother told the lawyers. “I’m ordering you to make your best efforts to mediate.”

He said he wants all sides to attempt to talk through an agreement in the next 30 days and will allow the lawyers to do this at a location between Waco and Kerrville.

“This is the season of miracles here. Maybe we can have one in this regard,” Strother said.

equinn@wacotrib.com

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