Friday, December 26, 2008

A Recent Comment...

Just wanted to highlight a recent comment:

To friend in Dallas:
Matt has been losing jobs for many years. If mr. Baker (sorry. can't call him pastor) had such a great relationship at the church where he was a pastor in Dallas, why did his first (in a long line) attorneys threaten to sue that church (and I am betting this letter went to other churches too) if they gave out any information about him? Now you know why I won't leave my name here. This information isn't known by many but it can be confirmed. I was a member at that church.

He was fired at our church. First we reduced his salary to try and push him out. It was a painful experience with him. In fact, the only bright light in his time at our church WAS Kari. We loved her.It makes me so very sad for kensi and Grace. I knew them well and loved them through the children's programs. Kari loved matt and stood by him through the many problems he had at our church. Look how he repayed her. Pure evil resides in some people.

Kari was a teacher at an elementary school in Richardson ISD, and she was loved. In fact, there is a brick in her memory there from Dallas friends. People were drawn to Kari. Matt never had that impact on people, In fact it was just the opposite.

To the people in Kerrville: be careful. he is not who he pretends to be. I know.

Friday, December 19, 2008

Yesterday's hearing for "Motion to Dismiss"

While the wheels of justice grind along slowly, slowly is "better safe than sorry."

I found it completely fascinating to be in the courtroom yesterday to see and hear for myself the words, intentions and dynamics among the Judge, the Dulins' 2 attorneys and Matt's attorney.

Okay. Here is my layman's accounting of the 1.5 hour hearing yesterday: The purpose and intent of today's hearing was for the Judge to either grant or deny Baker's motion to dismiss the case. Well, apparently just yesterday Matt's attorney came up with something to throw a monkey wrench in the works and try to buy more time......and more time.......and more time. (Seriously, why doesn't Matt want to get all this truth out there and justify himself and prove his innocence? Why live in limbo year after year after year after year? Doesn't the "truth set you free"?) Ellison (Matt's attorney) e-filed his paperwork way too late and it wasn't in the Judge's possession yet. Not a good move. Everyone was irritated.

Long story short(ish) - Ellison decided that he wanted to challenge all of the Dulin's expert witnesses and testimony. Well, all but the computer expert witness. They challenge their qualifications. The paperwork and Ellison's own words today say something about that the experts aren't doctors. Since when are PhD's not doctors? These experts are well known, top-notch and extremely qualified. If Baker's attorney doesn't recognize these guys' names and extent of their qualifications, well, doesn't say much for his experience in these matters. But I'm thinking that he knows they are qualified and admissible and is just doing anything to delay this case from going to court.

Where the monkey wrench comes in is this: The purpose of this hearing was to either grant or deny Baker's motion to dismiss. That's what the Court was prepared to do. That's what the room of people were there to witness. Ellison brings up this expert witness crud at the last minute. But then he goes on to tell the Judge that he wants to discuss the expert witnesses now. But that's not the purpose of this hearing and you can't just change gears last second with no room for preparation like that. The Judge was brilliant enough to know what was going on. The Judge was prepared to give his finding. BUT if he did so BEFORE the expert witness wrench was cleared up, it would give Baker a HUGE reason to appeal after he's found guilty and the trial is over. Judge went into his chambers for about 30 minutes to research case law and whatnot on this. He HAD to come back without being able to grant/deny Baker's dismissal so things wouldn't get messy later and give Matt reason for appeal. It was a slimy, back-door, desperate act by Baker and Ellison, in my opinion, to delay this even longer.

If you remember one thing about this post, remember this: I would bet every Christmas present under my tree that Judge Strother was ready to deny the motion to dismiss.

Other than the talk of expert witnesses, 90% of the talk was about a continuance and trial dates. He was adamant before he signed the continuance that Ellison get with the Dulins' attorneys POST HASTE and work their schedules for a trial date. It was obvious he thinks this should and will go to trial. Ellison got his continuance granted because he's rather new to the case and needs more time to prepare. AND since he wants to depose and go through the expert witnesses ad nauseum, that will take a few more months. Convenient, eh? I guess if Baker has to pay for all these experts to fly in and take depositions, he'll be starting up new rounds of fundraising. The good people of Kerrville should know where their fundraising money is being spent. order to delay. For some reason, the available trial dates are 3 months apart. It was set for April 6. The Judge asked Ellison if he could be ready by July 6. Guess what he said? Uh, no, I don't think I can. How about next Fall? Everyone's eyeballs just about popped out. They are going to push for July 6 but it very well could be October 6. Depends on future delay tactics.

Wrap-up: Very good long-term outcome feeling. I like Judge Strother. I think he's honest and on point. The only real bad thing about yesterday was more delays. Personally, I think it just gives more time for lies and contradictions from the defense....and more time for people to come forward with more information to help.

Justice still justice.

Wednesday, December 17, 2008

Tardy Justice Indeed!

Letter to the editor in today's

DA failing in duties
This letter is in response to the article in the Trib on Dec. 13 regarding Matt Baker’s motion to have the wrongful death suit against him dismissed. Hogwash!

And on the criminal end, why has our esteemed district attorney, John Segrest, failed to move forward on the Kari Baker case? Has he bothered to examine the facts? Is the “good ol’ boy” club at work?

Since Kari’s death in April 2006, her family and their top-notch, highly reputable attorney and investigators have amassed reams of evidence. It points directly to Matt Baker. Clearly the police believe this. They, too, gathered enough evidence to have him arrested more than a year ago. Still I question why a family would have to resort to a wrongful death case in McLennan County. The DA’s office has had more than enough time to investigate this crime and bring it to a grand jury. It is time to stop making excuses.

Mr. Segrest, you were elected to seek justice in McLennan County by holding criminals accountable. Get to it.

Helen Nash Weathers

Saturday, December 13, 2008

Waco Tribune Herald article today

In the Today....
Former Central Texas minister Matt Baker seeks dismissal of wrongful death suit because of lack of evidence

Surprise - Baker seeks dismissal
In today's paper, you will find Tommy Witherspoon's article about the upcoming hearing. He talked with the "powers that be" and went over the evidence. Some of what he mentions:
Bill Johnston (one of the Dulin's attorneys) filed an 88-page response to the summary judgment that included statements from forensic experts, psychologists, investigators, a computer expert and the jewelry store clerk that overheard Baker and a woman shopping for engagement rings less than a month after Kari's death. Johnston's response also alleges that Baker killed his wife while pursing a relationship with this woman. (You know, the jewerly-store-looking-at-engagment-rings woman. My comment...not Tommy's) Within the 88-page report, you'll find evidence of Baker conducting internet searches concerning sleeping pills and overdoses and then, well, gee, he ordered medication from online pharmacies. There are conversations on the record about Kari finding crushed pills in Matt's briefcase four days before her death. Kari told a counselor 3 days before her death that she feared Matt was going to kill her.

Furthermore, quoting from the article:

"Johnston’s response also includes statements from experts and other witnesses
who reportedly will testify that:
* Kari Baker did not die of a drug overdose.
* Kari Baker had been dead “significantly longer” than Matt Baker’s story would allow.
* Matt Baker did not dress Kari Baker before her body was found.
* Matt Baker performed Internet searches at work for death by overdose and Ambien, a sleeping aid found in Kari Baker’s system.
* Kari Baker’s behavior was not consistent with someone contemplating suicide."

And all in all, the most important quote from this article comes from the DA's office in regards to the criminal case:

“ 'Because there was no autopsy done on the cause of death as is customary in a criminal case, our office is having to go back and look at things that were left undone at the time,' said Crawford Long, Segrest’s first assistant. 'We are currently awaiting the results of forensic evidence that is being tested as part of this investigation.' ”

Sounds an awful lot like a very active criminal investigation is going on. The DA's office knows this case must be fully investigated and that the citizens of McLennan County (and all over) are watching and praying for full justice to be done in the death of Kari Baker. We will not let Kari be forgotten. We will all continue to cry out for justice for Kari and her is our is our priviledge.

These wheels may turn slow...but they are turning. They are turning in God's timing and at His will. We will watch this all unfold as He sees fit. 2009 should bring much justice and much peace in this case. We are all looking forward to a conclusion in this case. But more than that, clearing Kari's honor in her girls' eyes and hearts. While it is awful what they will have to face in regards to who their Father really is, they will finally know that their loving Mother DID NOT leave them of her own doing. She loved them more than anything and would have never missed spending her life watching them grow into beautiful young ladies and then ultimately into beautiful women full of God's love and grace. She would have never chosen to miss daily life with them. Never chosen to miss birthday parties, Christmas, baptisms, graduations, weddings and grandbabies with them. Kari was robbed of these future experiences. And the girls were robbed of their Mother being there for them through all these wonderful times. Justice can't undo that BUT the truth would be a blessing that would change their lives forever.....and for the better!

Sidenote: If you have missed any Waco Tribune articles on this case, there are links to them on the right hand side of the article. Very good reading.

Watch the wheels turn....

Earlier this week, I checked the court docket online and came across this:

I wanted to know more of what was going on so yesterday afternoon I went down to the courthouse (BTW, Happy Retirement Judge Mayfield) and pulled the files. (Again, I have the receipt with my name and date on it so whoever thought I was lying about it last time can see that I'm not lying this time either.) It's Cause No. 2208-1042-1, 19th Judicial District.

The title of the motion itself is a joke. I know it's just what this thing is called but it's titled, "Notice of Hearing on No Evidence Motion for Summary Judgment." I guess they weren't expecting the "for starters" 88 pages of evidence to be turned in for the Judge's determination. Or maybe they were. Either way, I think calling for this hearing was a routine, last-ditch effort to try to keep this from going to trial. It also gives them an insight into the evidence piling up against Matt. I will head back down to the courthouse after the hearing once those 88 pages are made public and get a copy for myself. Check back.
Okay. Let's look at what evidence the defense brought to the table for consideration.
"III. Summary Judgment Evidence
1. Exhibit "A" - Baker attaches his affidavit as 'Exhibit A,' which proves that he did not cause his wife's death."
The statement from Matt says something like, I did not kill my wife. I am not responsible for my wife's death. I did not drug or smother my wife. This same sentence is re-written and re-worded down the whole page. Over and over. Well, whew.......I feel better after reading that. I mean, Pastor Baker has spoken. And we know a Pastor can only tell the truth. (Don't mind that ever-growing pile of pesky lies and story-changes he's given in the past.) I mean, he must really mean it this time, right? And this statement oh, so absolutely proves he did not kill his wife. I mean, this is truly amazing proof. I'm stunned. I've been wrong all along. Why didn't he just make this affidavit proof statement years ago and just be done with it. Okay. Case Closed. He says he didn't do it. Proof rules the day.
"2. Linda Dulin's deposition testimonyLinda Dulin gave her deposition in the original case on Nov. 3, 2006, and admitted that she has no evidence that Baker caused the death of his wife."
They wish that's what her deposition said. All the out-of-context excerpt shows is her saying as she sat there that day 2 years ago, she did not have a smoking gun and she had not heard Matt admit he had done it. That's it. (More magical proof logic going on here, I guess)
They think if you read their twisted interpretation of what was said, you'll believe it. It sounds like what Gray used to do. It sounds like the political crud we've had to listen to in the months preceeding the election. They think people are stupid and won't get all the information and see the truth. They think if they said Matt didn't do it, that should be good enough. They think if they say Mrs. Dulin's own deposition she didn't have any evidence at all, the public will just fall for it. Her deposition did not say she had no evidence at all. They are reaching and stretching and contorting, at best. They are wishing. And they were wishing that the last 2 years of evidence would go away. It's not.
"3. James Dulin's deposition testimony"
This one just makes me laugh. Sorry. I know this subject isn't funny. It's just a pitiful attempt. There's not even a full sentence quote from Mr. Dulin on here. I guess giving the whole sentence of his testimony would show what he really meant and not what they are grasping to make it look like he meant. I mean, really. Half a sentence. Not even out of context, it's NO context. Just shows they have nothing here.

Where is the psychiatric evaluation of depression? Proof that her interview that afternoon was horribly depressing to her? Proof of drug dependance? How to explain that a woman who was alive and talking to him when he left for the store (unless you believe the other version of his story where she was already asleep when he left) was stone, cold dead with lividity when he returned just 45 minutes later? Not cool. COLD. The world would love to know exactly how a man dresses a dead woman WHILE administering CPR. That kind of skill and talent could actually save lives some day.

It goes on to try to convince you in "legal-ese" that there is no geniune issue as to any material fact. I mean Matt said he didn't do it. Two years ago, Mrs. Dulin didn't hold a smoking gun in her hand. That's just amazingly powerful stuff there, eh? Case closed.

Well, we'll see what Judge Strother has to say about it on Thursday.