Things get cheek-y....

Long...but interesting morning. The hearing ran about an hour or hour and a half late due to another trial running late in the courtroom. Matt was there with his Mom in tow. Kari's family was there. News from the Waco Tribune, KWTX and KXXV were present. We all waited outside the courtroom for a while. But once we were in, things went quickly.

Defense Motion #1: Suppress having to give DNA
DENIED

Defense Motion #2: Wanted to get their hands on Vanessa's "OMG" Grand Jury testimony
DENIED

Defense Motion #3: Wanted to get their hands on psychiatrist Lee Carter's stuff
DENIED



My layman's interpretation:

It's possible that the defense knew the DNA sample would be taken eventually. They were just banking on having to force a search warrant to get it. I have heard (not verified) that the search warrant comes with the reasons for the DNA sample. They didn't want to give it without knowing the damning tale the search warrant would reveal. If you're innocent, why worry about damning evidence?

Whatever Vanessa told the Grand Jury last month, it was damning enough to warrant immunity for herself....damning enough to warrant an IMMEDIATE indictment and arrest warrant. Maybe damning enough to warrant a DNA sample? Who knows. Even though Ellison said something about a finding from some court somewhere this week that said something about Grand Jury testimony being released, I think the Judge realized it was a ploy and that case had NOTHING to do with this case. Nothing.

Defense brought up something about psychiatrist Lee Carter's findings. Wanted that. Uh, that's civil work. This is a criminal case. The Judge seemed to fight crossing his eyes. (<----totally my interpretation....not mind reading) Either which way, Carter's findings won't help Matt at all. It's actually hurtful to Matt. Does Ellison know what Carter said? Anyway, long story short.....Ellison and Matt were stunned. The Judge graciously provided the break room right off the courtoom for Matt to submit his DNA sample. Priceless.

Here is the news so far from today: Awesome live blog from today's hearing NEW VIDEO: Live blog: April 24 hearing for Matt Baker
Ken Sury
WacoTrib.com

"12:06 p.m. — My apologies for the brief break in blogging, but I had to leave the breakroom as Baker, his attorney, prosecutor Susan Shafer, bailiffs and another individual came into the room in order to take Baker’s DNA sample. I’m assuming it was the usual swab of the inside of each cheek." (read more)

Judge Grants Request For DNA Sample From Waco-Area Pastor Matt Baker
KWTX.com

"WACO (April 24, 2009)—Prosecutors got permission Friday to take a DNA sample as a motions hearing got underway late Friday morning in state district court for former Waco-area pastor Matt Baker, who’s charged with murder in the 2006 death
of his wife, Kari." (read more)

Matt Baker gives DNA sample
Sara Talbert
KXXV.com

"Baker's attorney also filed two new procedural motions this morning in case Baker is convicted. One would allow the possibility of probation, and the other requesting punishment be decided by a jury. Strother will set another hearing to decide on those." (read more)

VERY INTERESTING. Matt's attorney is already seeing a conviction. Hmmmmm........

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. Wasted.....in 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 delayed.....is still justice.