Friday, August 6, 2010

Define: Gag Order

After ordering home studies of both the grandparents' homes last June, Judge Emerson placed a gag order on both parties.

Kerrville Daily Times - June 18, 2010

Judge Rex Emerson denied the Dulin’s request Tuesday to have ad litem attorney Beverly Crowden removed and replaced with an amicus attorney. He also ordered a study on both of the grandparent’s homes and living environments be completed and placed a gag order on both parties.

San Antonio Express News - June 20, 2010

— A local judge has issued a gag order in the custody fight over Kensi and Grace Baker, whose father, Matt Baker, in January began serving a 65-year prison sentence for killing their mother, Kari Baker, in 2007.

Gag Order (noun)
In litigation, a court’s order to the parties and witnesses not to speak to the press or public about the case.

Seems perfectly clear. Right?

Moving on to this past Tuesday, August 3.

CNN Justice - In Session - August 3, 2010
Verdict Vault, Part 1 (Try to ignore the misspellings and punctuation here. Not my errors.)

TX v. Baker
Matt Baker remains in a Texas state prison, as he serves out his 65 year sentence. He maintains his innocence.

His appellate attorney, Stan Schwieger, is due to turn his first appellate brief later this month to Waco's 10th Court of Appeals.

Baker lost has motion for a new trial in April 2010. Baker had claimed that his trial lawyers of not providing effective assistance of counsel.

Shortly after losing the motion for new trial, Baker also sought to fire Schwieger because he felt that Schwieger was not properly representing him. Baker wanted to represent himself, pro se, in the appealate process, but his request was denied in April.

Barbara Baker, Baker's mother, says Baker spends "a lot of time" in the prison's law library. He works in the cafeteria and helps inmates in need and who ask for his help. For example, he writes letters for one inmate who can read but cannot write; for an inmate who is very ill, Baker asked his own mother to notify the family of the inmate.

Baker's parents and Kari Baker's parents continue to fight for custody of Matt and Kari's children, Kenzi, 14, and Grace,9. The girls have lived with the Bakers since 2006.

According to Barbara Baker, "the girls are doing great...they miss their dad. She said the girls have visited their father twice since he was sentenced. As part of the custody battle, the girls are undergoing psychlogical evaluations and the Bakers and the Dulins are undergoing court ordered home studies.

There is currently a gag order in the civil dispute.

There is? Really?


KTX said...

Another Baker that doesn't think the law applies to them.

Sadie said...

UGH. Gag order or no gag order, it never fails to sicken me to see how heedlessly and recklessly this woman continues to proceed. Just as she has done from the beginning, she sacrifices the well-being of Kensi and Grace, over and over and over again, in service to the b.s. that she and her killer son continue to spew to try to cover up his evil nature and his evil acts.

These girls never had a chance in that sick environment. Their only hope is to be freed from these twisted, toxic people who have utterly abandoned them, and who have done nothing but use, exploit, and brainwash them since that awful night when their mother was murdered. It's just heartbreaking.

But there is hope. Justice has not finished speaking in this case. Your girls will be rescued, Kari. All will be well, you will see.

May God bless Kensi and Grace, keep them safe, give them strength and discernment and wisdom, and may they soon be returned to the arms of love where they have always belonged. Amen.

News said...

This makes me just sick - reading Sadie's ever so wise words reminds me of when Barbara and Matt did this to these precious children:*349/1BAKER+HEARING+DL.2.1.jpg

Their faces show such discomfort and the "hold" on them was physical and emotional and it continues today and needs to stop. This picture sums up why this needs to be resolved and these innocent girls placed with the Dulin's whom have shown to have their interest "in hand" but in a healthy way.

I pray they will be admonished for this and the court order will show they are NOT above the law and that the court cares enough to do what is "in the best interest of the children." -- as that is the standard they are sworn to uphold.

In Session Viewer said...

Hi - someone pointed me to this blog when we were discussing the verdict vault show. Great blog you have here. Anyway, just wanted to tell you I only saw part of the coverage that day but one lady called in and said this was the most compelling case this year for her and Mike Brooks said he spoke with Barbara Baker. I thought you all would like to know that if there is a gag order.
The lady who called summed it up she called it the trial of the Sinister Minister. I had not heard it put like that, but he sure was. She also said she believed Vanessa Bulls and I must admit, I did too.

Nice blog, I will bookmark you and come back. I only heard about this case when it was on In Session but it was very sad case and I hope the children will be okay. :-(