Convicted murderer Matt Baker’s parents are asking that the jury verdict in last month’s trial, in which they lost custody of their two granddaughters, be set aside because they claim the judge’s appointment to hear the case had lapsed.

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

The girls’ mother, Kari Baker, was murdered by their father, Matt Baker, who told authorities his wife committed suicide.

Barbara Baker (left), seen with her son, Matt Baker, has filed a motion with her husband, Oscar, to appeal a decision in which they lost custody of their two granddaughters.
Duane A. Laverty / Waco Tribune-Herald, file

The motion, filed Friday in Kerrville by Oscar and Barbara Baker, challenges the legal status of visiting State District Judge Robert Barton to hear the case.

The Bakers are not represented by an attorney in their attempt to vacate the verdict.

Darren Obenoskey, a Waco attorney who represents the Dulins, said the Bakers waived any complaint they might have now about the judge.

“Their motion has no merit to it because if they had a complaint about that, they should have made it before trial,” Obenoskey said. “You can’t go through the trial and then when you don’t like the results, bring this up. They have no chance to prevail with this type of claim.”

Matt Baker is serving 65 years in prison after his murder conviction last year in Waco.

The former Baptist minister gave custody of his girls, ages 15 and 11, to his parents, who live in Kerrville. After a 10-day trial last month, a jury decided the girls would be better off living with the Dulins, although the older girl said she wanted to stay in Kerrville with the Bakers.

Linda Dulin has declined comment since the custody trial, saying she is trying to keep the girls from the media and help them settle in to their new home.

The motion alleges Barton, a retired state district judge, executed his last oath of office and statement of appointment as a visiting judge in 2000.

It claims Barton was required to file with the secretary of state 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.

Barton and Judge Steve Ables, who appointed Barton, could not be reached Monday.

But Ables told the San Antonio Express-News that a retired judge who wants to serve as visiting judge need file only one oath of office and statement of appointment.

“The only time you would have two oaths is if someone decided to go off retired judge status and back to practice law and then came back to be a judge,” he told the newspaper.

twitherspoon@wacotrib.com

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