Wednesday, December 30, 2009

My "LAYMAN'S" Interpretation of today's events

Again. Keyword: Layman.

This is just what I typed out from my notes this morning. I haven't really proofed it yet but wanted to get this out as I have had emails and calls asking how things went. Here is my unproofed, typed from scribbled notes, layman's interpretation of the pre-trial hearing this morning:

First thing I want to comment on is that Matt brought the girls to this hearing. Paraded them in front of news cameras. They were in the courtroom for a while and then they sat outside during the actual hearing. The "run to hug after Dad exited the courtroom" caught on video for sure. Most parents that truly love their children and want to protect them, shield them from being a public spectacle. Not Matt. He parades them like trophies soley for sympathy and pity. Is this him trying to show the world he's a great father? Little late for that. The people of McLennan County (and potential jurors) see right through that charade. Shameful.

Motion to Request Reveal Agreement GRANTED
Defendant wants to know what the agreement between the State and Vannessa entails. Crawford said he will make that known some time prior to trial. Didn't say when. Judge granted to this extent that Crawford said. It's left rather open and in the State's discretion and timing.

Motion to Quash Substance of Indictment DENIED
Danford went on about the "means unknown" part in the Indictment. Crawford pointed out that the State is allowed to plead "means unknown" or "alternative means" or "by any means known" or "by any means unknown." Pointed out that McDuff was tried, convicted and executed under such Indictment and trial wording.

Motion to Reveal Witness List GRANTED
It's been public record for a while now anyway. Gray pointed out that the State can call witnesses that are not on the subpoena list and he wants full list. Crawford says the subpoena list is the full list, including experts, to date. If they get more in the future, he will make known to the Defense.

Motion for Voir Dire of Experts GRANTED
Shafer said that the expert list was made known a month ago. Gray says the State claims to have an open file stance but that it seems to be more like 90% open. Crawford agreed. Judge was fine with that, it seemed.

Motion for Recovery of Expenses GRANTED
Gray and Danford said they need more money for their investigator to look into all those witnesses. Gray pointed out that they have nto asked the Court for money for experts, that they have none they intend to call. They just want more investigative money. Judge agreed to $1,500. Fine by me.

Motion for Discovery of Experts AGREED UPON
Defense claims they have no experts but if they come up with one/some, Gray says he'll make that known. Shafer pointed out that experts are supposed to be made public 20 days prior to trial. Gray says they just don't have any right now. But if/when he does, he'll let them know. State says most likely they'll actually call 2-3 of their experts.

Motion for Gray to withdraw as counsel DENIED
I'm confused on this one. I *thought* he said (through mumbling) that is was a scheduling conflict. He wasn't sure he'd be able to finish the trial if he started it. Something about it being in his (Gray's) best interest to withdraw but if Court says for him to stay on, he'll do so. But Channel 25 reports something altogether different. They may have talked more about it with him or the Judge or heard him better than I did. They say, "One of Baker's attorney's, Guy James Gray, asked to be removed from the case because of 'serious and material breach of conduct' - this was denied this morning." Will find out more. KWTX's words included the phrase "serious and material breach of confidence." Judge asked Matt Baker if he wanted Gray to stay on, he said yes. So Gray is still on for now.

Gray said he wanted to renew Ellison's request for the Grand Jury testimony of Vanessa Bulls to be made known to them. He said they had a "particularized need" to have that. Crawford so eloquently pointed out that the Texas Rules have done away with the "particularized need" aspect. Gray admitted with an awkward chuckle that sometimes the Texas Rules get away from him in changing so fast. Crawford pointed out that the Texas Rules allows Defendants to see production of witnesses in criminal cases AFTER the witness has testified. I am supposing that means after he/she testifies at the actual trial. Gray told the Judge it was up to the Court's discretion for him to allow them to see it before trial to aid the efficiency of the trial....not cause delays. He said it was a matter of "pure d fairness.'" Judge, "DENIED." He said he'd keep an open mind. Trial is 2 weeks away. I think he'd give it to them by now if he had any intentions to. Some of the best news of the day.

Another VERY interesting thing brought up by Gray was that the DNA evidence taken on the suicide note and bottle of pills DID NOT exclude Vanessa Bull's having touched it. Oh, really?! They tried to complain that Vanessa changed her story from the first police report where she didn't imply guilt on her or Matt's part at all. Then another interview later where she still denied it. And then on the Grand Jury she changed her statement. Well, duh. Fear and testimonial immunity can open up a person's ability to tell the truth!

Gray wanted to renew Ellison's request that no extraneous extra offenses be brought up. Judge said that is routine and he'll be sure and make that known.

Some minor changes in trial dates. They will do jury voir dire and motions in limine Monday afternoon, the 11th. Trial to start the morning of the 12th.

There are approximately 70 people on the potential jury panel. Judge gave following instructions to Defense attorneys (since they had not been in trial in Judge Strother's court before) regarding voir dire of potential jurors. NO comparison on standards of proof on civil vs criminal cases. NO setting up of artificial premises and causing controversy over it for either side.

Crawford reminded Judge to enforce and remind Defense that the gag order was still in effect for involved parties. The Judge thanked him for the reminder. Judge said Danford was quoted saying something about the nature of the State's case in the newspaper and NOT to do that. Danford apologized.

15 comments:

huney7bear said...

::rubbing hands together::: let's roll . I think it is about HIGH TIME that Matt pays for his actions. Finally our "angel" will get her wings to fly through the courtroom. Linda know you have support from all over the U.S. and we can't wait until he falls from graces :) (not that he hasn't already) but finally people will KNOW the truth!!!!

jb said...

how sick is that! He brought kari's daughters to court. love? no. protection? no. Shameless exploitation? yep.

Anonymous said...

Thanks, Shannon, for being our eyewitness to what is happening. It is hard to be far away when the wheels of justice start grinding. All of us want so much for the truth to be revealed to everyone. I am going to pray that every juror is attentive and fair, willing to listen with every fiber of their being. Truth MUST prevail. MUST. MUST. MUST!!!

Sadie said...

Thank you so much for laying out the happenings like this, Shannon. You are such a valuable voice for Kari as we approach the day of justice.

God Bless you, Shannon, for all you do. And may God Bless the Dulin family.

Justice for Kari.

Sadie

Anonymous said...

http://media.graytvinc.com/documents/matt+baker+subpoena.pdf

Witness list from KWTX.

SG said...

I could type pages about what I think about this case and why, but I really just want to ask that everyone who reads this will pray.

Pray that Kari's voice will be heard clearly through the evidence and witnesses that are presented. Keep praying for the girls, the Dulins, the DA and for justice.

Pray the jury comes to see what we all saw so long ago, that there is no way Kari Baker took her own life. No way she would have left her girls or her family. NO WAY! Once you come to that point of truth, there is no way to deny what Matt Baker must have done.

Once you know that Kari did not kill herself, you know that Matt Baker murdered her.

He was the only one there who could have done it. He had to have placed that unsigned note next to Kari's dead body. In doing so he closed the door to any sort other explanation for her death. No accidental overdose, no accidental anything. He left us with no other option.

Matt Baker murdered his wife while their daughters slept in the next room.

So Pray. Pray believing that the truth will come out and those who require justice will receive it. Pray for the truth and the facts to be made clear. Pray for Matt that he will somehow come to terms with his ill chosen fate and give his daughters the peace they deserve. Just pray friends. Pray for justice for Kari.

Anonymous said...

It really makes you wonder why his lawyer is trying to get out of defending him... can anyone say sinking ship?? and I agree JB it is completely sick that he brought those girls to court. He should be convicted for that alone. Sending thoughts of support for Kari's family.

K. In Oregon

Anonymous said...

That is an interesting subpoena list. Anyone know why Mrs. Dulin is not listed? Who is James Dulin? Is he Kari's father?

Does Baker have to divulge the defense subpoena list?

Anonymous said...

Must be nice to be as knowledgeable as SG - who KNOWS how Kari died, and what the cause was. So, does SG have some insider that is giver her information, even tho it may not be the truth. SG says Matt Baker was the ONLY one that could have caused the death. What about the DNA that does not rule out Vanessa Bulls, that was mentioned in court today?

Anonymous said...

What kind of father,and I use the term "father" loosely,brings his 2 children to the courthouse for a photo opp? Soon the world will know what we have all known from the beginning - that those precious children have been living with the man who murdered their mother. God Bless those girls and keep them safe.

Anonymous said...

Ok Im not trying to start anything but I think this should be fair!! I see where you said Matt brought the girls to court but the fact is the girls are listed on the Dulin's witness list! So lets be fair and tell that as well please.

@@ said...

I know this is really hard to follow for so many Matt supporters so get a pen and paper and let's work it out together slowly. I know they both start with the letter D. But there is a big difference in District Attorney and Dulin.

THIS IS THE DISTRICT ATTORNEY'S WITNESS LIST. NOT THE DULINS.

Lesson complete.
Capiche?

Anonymous said...

Anonymous Dec 30 at 8:32 -
This is not the full list. This is only one set of applications for subpoena. Mrs. Dulin is on another one as well as 4-5 other people. Yes, James Dulin is Kari's Father.

Baker doesn't have to make pubic his witness list. He is supposed to make public his expert witness list 20 days before trial. He has yet to do that because he says he has no expert witnesses but if he does get one, he will make that known.

Sadie said...

To Anonymous 8:35 who said:
"SG says Matt Baker was the ONLY one that could have caused the death. What about the DNA that does not rule out Vanessa Bulls, that was mentioned in court today?"
---

This would be laughable if it were not so very sad.

Yes, he's the only one. His fake story of the night Kari died places him right at her side at her true time of death.

Vanessa Bulls did not kill Kari. Matt killed Kari and Vanessa apparently has damning knowledge of his guilt.

Who is the only person in the world who would make such a lame attempt to put blame on Vanessa, the star witness? Who must be terrified of the truth Vanessa is about to tell in court?

Right. The real killer. Who is finally facing the justice he has dodged for nearly four years.

Someone forgot to tell "anonymous" that reasonable doubt doesn't work unless it's actually reasonable!


Justice for Kari.

Sadie said...

"The Dulins' witness list?"

Oh brother. (Thanks for the clarification on that, @@.)

The DA's office is who you should be complaining to about this... if you have a problem with the girls being listed as witnesses.

I want to see them protected. Therefore I have no problem whatsoever with them being official witnesses for the prosecution.

Maybe the girls are listed as witnesses by the prosecution just in case their testimony might become necessary --- and as an added benefit, to keep them (as potential witnesses, as is the rule) from the harm of being brought into court by their sociopath father... The man who killed their mother, and who has shown a propensity in the past for shamefully using them to try and paint himself as a decent person.

Abusive, in my opinion.

Ugh, it is so sickening.

Prayers for the Dulins, prayers for the girls, and prayers for JUSTICE for Kari.