A state district judge in Kerrville rejected a motion Wednesday from convicted murderer Matt Baker’s parents, who sought to set aside the verdict in a trial last month in which they lost custody of their two granddaughters.

Judge Rex Emerson of Kerr County denied Barbara and Oscar Baker’s motion to vacate the judgment in the July civil custody trial. The motion challenged the legal status of visiting State District Judge Robert Barton to hear the case.

The jury’s verdict gave custody of the two girls to their maternal grandparents, Jim and Linda Dulin, of Woodway.

James and Linda Dulin will retain custody of the children of convicted murderer Matt Baker (pictured).
Duane A. Laverty / Waco Tribune-Herald, file

Linda Dulin declined comment Wednesday on the latest courtroom battle, which was spawned when the girls’ father, former Baptist minister Matt Baker, killed their mother, Kari Baker, a teacher, in April 2006.

She has said her sole focus now is on the girls, ages 15 and 11, and making sure they get the support they need.

Matt Baker is serving a 65-year prison term in the drugging and suffocation death of Kari Baker, which he tried to pass off as a suicide.

Barbara and Oscar Baker did not return phone messages Wednesday. It was unclear if they will appeal the custody case.

“We never thought the motion had any merit and I believe the judge felt the same say,” said Waco attorney Darren Obenoskey, who represents the Dulins.

The Bakers’ motion claimed Barton executed his last oath of office and statement of appointment as a visiting judge in 2000.

It alleged Barton was required to file a new statement of appointment and oath every two years, or every four years as the term of office expired for the administrative judge who appointed him.

twitherspoon@wacotrib.com

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